[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)]
[Notices]
[Pages 58642-58645]
[FR Doc No: 2018-25249]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84594; File No. SR-MIAX-2018-34]

Self-Regulatory Organizations: Notice of Filing of a Proposed
Rule Change by Miami International Securities Exchange, LLC To Amend
Exchange Rule 519, MIAX Order Monitor; Exchange Rule 519A, Risk
Protection Monitor; and Rule 517, Quote Types Defined

November 14, 2018.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on November 9, 2018, Miami International
Securities Exchange, LLC (``MIAX Options'' or ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') a proposed rule
change as described in Items I and II below, which Items have been
prepared by the Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend Exchange Rule 519, MIAX
Order Monitor; Exchange Rule 519A, Risk Protection Monitor; and Rule
517, Quote Types Defined.
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/ at MIAX Options'
principal office, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On June 28, 2018, the Exchange filed with the Securities and
Exchange Commission (``SEC'') a proposal to list and trade on the
Exchange, options on the SPIKESTM Index, a new index that
measures expected 30-day volatility of the SPDR S&P 500 ETF Trust.\3\
To establish the settlement value for the Index, a settlement auction
named the SPIKES Special Settlement Auction will be conducted once per
month, on the day the settlement value for the Index is to be
calculated. During the SPIKES Special Settlement Auction, in addition
to any order types that may regularly be accepted by the Exchange, the
Exchange will also accept settlement auction only orders (``SAO
Orders'') and settlement auction only eQuotes (``SAO eQuotes''). (SAO
Orders and SAO eQuotes are collectively referred to as ``SAOs'').\4\
SAOs are specific order types that allow a Member \5\ to voluntarily
tag such an order as a SPIKES strategy order.
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    \3\ See Securities Exchange Act Release No. 84417 (October 12,
2018), 83 FR 52865 (October 18, 2018) (SR-MIAX-2018-14) (Order
Granting Approval of a Proposed Rule Change by Miami International
Securities Exchange, LLC to List and Trade Options on the SPIKES\TM\
Index).
    \4\ Id.
    \5\ The term ``Member'' means an individual or organization
approved to exercise the trading rights associate with a Trading
Permit. Members are deemed ``members'' under the Exchange Act. See
Exchange Rule 100.
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    The Exchange anticipates that market participants that actively
trade SPIKES options may hedge their positions with SPY option series
that will also be used to calculate the SPIKES exercise settlement/
final settlement value. Market participants holding hedged SPIKES
options positions may trade out of their SPY option series on the
relevant SPIKES expiration/final settlement date. Specifically, market
participants holding short, hedged SPIKES options could liquidate that
hedge by selling their SPY options series, while traders holding long,
hedged SPIKES options could liquidate their hedge by buying SPY option
series. In order to seek convergence with the SPIKE exercise/final
settlement value, these market participants may liquidate their hedges
by submitting SPIKES strategy orders in the appropriate SPY option
series during the SPIKES Special Settlement Auction on the SPIKES
expiration/final settlement date. Given that SAOs are designed for the
special purpose of closing a hedged position and are available for use
only during the SPIKES Special Settlement Auction, the Exchange
proposes to amend its rules to remove SAO Orders from certain risk
protection features offered by the Exchange.
    Specifically, the Exchange proposes to amend Exchange Rule 519,
MIAX Order Monitor. The MIAX Order Monitor is a risk management feature
of the Exchange's System.\6\ Pursuant to paragraph (a) of the Rule, the
MIAX Order Monitor provides an order price protection for Market Orders
to Sell,\7\ Market Orders to Buy or Sell,\8\ and Limit Orders to Buy or
Sell,\9\ in order to avoid the occurrence of potential obvious or
catastrophic errors on the Exchange. The MIAX Order Monitor will
prevent certain orders from executing or being placed on the Book \10\
at prices outside pre-set standard limits.\11\ The MIAX Order Monitor
will also cause the System to prevent certain orders from executing or
being placed on the Book if the size of the order exceeds the order
size protection designated by the Member.\12\ The MIAX Order Monitor
will also cause the System to reject any orders that exceed the maximum
number of open orders held in the System on behalf of a particular
Member, as designated by the Member.\13\ The MIAX Order Monitor will
also cause the System to reject any orders that exceed the maximum
number of open contracts represented by orders held in the System on
behalf of a particular Member, as designated by the Member.\14\
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    \6\ The term ``System'' means the automated trading system used
by the Exchange for the trading of securities. See Exchange Rule
100.
    \7\ See Exchange Rule 519(a)(1).
    \8\ See Exchange Rule 519(a)(2).
    \9\ See Exchange Rule 519(a)(3).
    \10\ The term ``Book'' means the electronic book of buy and sell
orders and quotes maintained by the System. See Exchange Rule 100.
    \11\ See Exchange Rule 519(a).
    \12\ See Exchange Rule 519(b).
    \13\ See Exchange Rule 519(c).
    \14\ See Exchange Rule 519(d).
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    The Exchange now proposes to amend Exchange Rule 519,
Interpretations and Policies, to adopt new subsection .03, to provide
that the order protections of the MIAX Order Monitor pursuant to
sections (b) (c) and (d) will not apply to Settlement Auction Only
Orders (SAO Orders), as defined in Interpretations and Policies .03 of
Exchange Rule 503. The Exchange does not believe that an

SAO Order should be subject to the order size protection described in
Rule 519(b) as preventing the order from being placed on the Book may
prevent the Member from effectively hedging or closing a hedged
position in SPIKES options. Similarly, the Exchange does not believe
that an SAO Order should be subject to the open order protection
described in Rule 519(c) as this protection aggregates open orders held
in the System and may inadvertently prevent the Member from hedging or
closing a hedged position in SPIKES options by preventing the
submission of an SAO Order. Lastly, the Exchange does not believe that
an SAO Order should be subject to the open contract protection
described in Rule 519(d) as this protection aggregates the number of
open contracts represented by orders held in the System. Including SAO
Orders in this protection may inadvertently prevent the Member from
hedging or closing a hedged position in SPIKES options by preventing
the submission of an SAO Order.
    The Exchange also proposes to amend Exchange Rule 519A, Risk
Protection Monitor. The Risk Protection Monitor (``RPM'') is a feature
of the MIAX System which maintains a counting program (``counting
program'') for each participating Member that will count the number of
orders entered and the number of contracts traded via an order entered
by a Member on the Exchange within a specified time period that has
been established by the Member (the ``specified time period''). The
maximum duration of the specified time period will be established by
the Exchange and announced via a Regulatory Circular. The Risk
Protection Monitor maintains one or more Member-configurable Allowable
Order Rate settings and Allowable Contract Execution Rate settings.
When a Member's order is entered or when an execution of a Member's
order occurs, the System will look back over the specified time period
to determine if the Member has: (i) Entered during the specified time
period a number of orders exceeding their Allowable Order Rate
setting(s), or (ii) executed during the specified time period a number
of contracts exceeding their Allowable Contract Execution Rate
setting(s). Once engaged, the Risk Protection Monitor will then, as
determined by the Member: Automatically either (A) prevent the System
from receiving any new orders in all series in all classes from the
Member; (B) prevent the System from receiving any new orders in all
series in all classes from the Member and cancel all existing orders
with a time-in-force of Day in all series in all classes from the
Member; or (C) send a notification to the Member without any further
preventative or cancellation action by the System. When engaged, the
Risk Protection Monitor will still allow the Member to interact with
existing orders entered prior to exceeding the Allowable Order Rate
setting or the Allowable Contract Execution Rate setting, including
sending cancel order messages and receiving trade executions from those
orders. The Risk Protection Monitor shall remain engaged until the
Member communicates with the Help Desk\15\ to enable the acceptance of
new orders.\16\
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    \15\ The term ``Help Desk'' means the Exchange's control room
consisting of Exchange staff authorized to make certain trading
determinations on behalf of the Exchange. The Help Desk shall report
to and be supervised by a senior executive officer of the Exchange.
See Exchange Rule 100.
    \16\ See Exchange Rule 519A(a).
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    The Exchange now proposes to amend Interpretations and Policies, to
adopt new subsection .02, to state that SAO Orders, as defined in
Interpretations and Policies .03 of Rule 503, are not eligible to
participate in the Risk Protection Monitor. Prohibiting SAO Orders from
participating in the Risk Protection Monitor ensures that these orders
may be freely submitted to the Exchange and will remain active in the
System once accepted. As discussed above, SAO Orders are strategy
orders used for hedging or closing a hedged position in SPIKES options
during the SPIKES Special Settlement Auction which is conducted only
once per month. When engaged the Risk Protection Monitor may prevent
the Member from submitting SAO Orders to the Exchange until the Member
communicates with the Help Desk to enable the acceptance of new orders.
The Exchange does not believe it is in the best interest of the Member
to introduce this type of delay for SAO Orders, as they are time
sensitive and are designed to participate in the SPIKES Special
Settlement Auction.
    Additionally, the Exchange proposes to amend Rule 517, Quote Types
Defined. Specifically, subsection (d) of Rule 517 provides that bids
and offers in certain limited time in force eQuote types (Auction or
Cancel, Opening Only, Immediate or Cancel, Fill or Kill, and Immediate
or Cancel Intermarket Sweep) will not be disseminated by the Exchange
in accordance with Rule 602 of Regulation NMS. In addition, executions
resulting from these eQuote types will not be used by the Exchange's
Aggregate Risk Manager to determine whether the Market Maker has
exceeded the Allowable Exchange Percentage as more fully described in
Rule 612.
    Exchange Rule 612, Aggregate Risk Manager (``ARM'') describes a
risk protection feature similar to the Risk Protection Manager for
orders, however ARM is only available for Market Makers and provides a
counting program (``counting program'') for each Market Maker who is
required to submit continuous two-sided quotations pursuant to Rule 604
in each of their appointed option classes. The counting program will
count the number of contracts traded by the Market Maker (the
``specified time period''). The Market Maker may also establish for
each option class an Allowable Engagement Percentage. The Exchange will
establish a default specified time period and a default Allowable
Engagement Percentage (``default settings'') on behalf of a Market
Maker that has not established a specified time period and/or an
Allowable Engagement Percentage.\17\
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    \17\ See Exchange Rule 612(a).
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    The System will engage the Aggregate Risk Manager in a particular
option class when the counting program has determined that a Market
Maker has traded during the specified time period a number of contracts
equal to or above their Allowable Engagement Percentage. The Aggregate
Risk Manager will then automatically remove the Market Maker's Standard
Quotations and Day eQuotes from the Exchange's disseminated quotation
in all series of that particular option class until the Market Maker
sends a notification to the System of the intent to reengage quoting
and submits a new revised quotation.\18\
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    \18\ See Exchange Rule 612(b)(1).
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    The Exchange now proposes to add the Settlement Auction Only eQuote
(SAO eQuote), as defined in Interpretations and Policies .03 of
Exchange Rule 503, to the list of eQuotes that are not subject to the
Aggregate Risk Manager. An SAO eQuote is a special purpose eQuote
available only during the SPIKES Special Settlement Auction and as such
should be treated similarly to other limited time in force eQuote
types.
    The Exchange also proposes to amend Interpretations and Policies of
Rule 517 to adopt new subsection .02 which will state that an SAO
eQuote will be considered a priority quote for trade allocation in
accordance with Exchange Rule 514(e). To be considered a priority quote
a Market Maker's quote must meet certain conditions as stipulated in
the Exchange rules, one of which is that the

quote is valid width and two-sided.\19\ SAO eQuotes are a special
purpose eQuote used to hedge or close a hedged position. A Market Maker
using an SAO eQuote will not be in a position to place a quote on the
opposite side of the market, as an execution of the opposite side
eQuote would impair the ability of the Market Maker to hedge or close a
hedged position. The Exchange does not wish to disadvantage a Market
Maker for properly using an eQuote when it is not feasible for a Market
Maker to otherwise meet the priority quote requirements (submission of
a two-sided quote) with this type of eQuote.
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    \19\ See Exchange Rule 517(b)(1)(i)(A).
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2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act \20\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \21\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanisms of a free and open market and a national market
system and, in general, to protect investors and the public interest.
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    \20\ 15 U.S.C. 78f(b).
    \21\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed changes promote just and
equitable principles of trade and remove impediments to and perfect the
mechanism of a free and open market and a national market system
because they seek to ensure that SAOs may be freely submitted to the
Exchange and that SAOs are not encumbered by risk protections designed
for order types used during the course of regular trading.
Additionally, the Exchange believes that removing SAO Orders from RPM
and from certain MIAX Order Monitor features ensures that SAO Orders
are available for their intended use to hedge or close a hedged
position in SPIKES options. Similarly, the Exchange believes that
removing SAO eQuotes from ARM ensures that SAO eQuotes are available
for their intended use. Treating an SAO eQuote as a priority quote for
allocation purposes ensures that a Market Maker with an SAO eQuote at
the Opening Price could receive an execution without having to submit a
two-sided quote. A Market Maker using an SAO eQuote to hedge or close a
hedged position can not provide an SAO eQuote on the opposite side of
the market without negatively impacting their original eQuote.
Therefore, the Exchange believes it is just and equitable to permit SAO
eQuotes to be treated as priority quotes for allocation purposes as it
is not feasible for a Market Maker to meet the requirements necessary
to establish a priority quote using SAO eQuotes.
    The Exchange believes that the proposed change promotes just and
equitable principles of trade, and removes impediments to and perfects
the mechanisms of a free and open market and a national market system
and, in general, protects investors and the public interest, as the
changes allow for SAO Orders and SAO eQuotes to be freely used for
their intended purpose and will contribute to increased liquidity on
the Exchange.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.
    The Exchange does not believe the proposed rule change will impose
any burden on inter-market competition as the proposed rule changes are
designed to ensure that SAOs may be submitted to the Exchange to
participate in the SPIKES Special Settlement Auction, and that once
accepted these orders remain active in the System. The Exchange does
not believe that the proposed rule change will cause an unnecessary
burden on inter-market competition as SAOs are only used for the SPIKES
Special Settlement Auction which is a special process unique to the
Exchange.
    Additionally, the Exchange does not believe the proposed rule
change will impose any burden on intra-market competition as the Rules
apply equally to all Exchange Members, and all Members have the ability
to submit SAOs.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-MIAX-2018-34 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-MIAX-2018-34. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File

Number SR-MIAX-2018-34, and should be submitted on or before December
11, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-25249 Filed 11-19-18; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Proposed Rules]
[Pages 77538-77542]
[FR Doc No: 2023-24566]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2145; Project Identifier MCAI-2023-00358-T]
RIN 2120-AA64

Airworthiness Directives; Bombardier Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Bombardier Inc. Model BD-100-1A10 airplanes. This proposed AD
was prompted by a report of a steering control unit (SCU) filter plate
connector that does not meet the certification requirements for
exposure of electronic components to high intensity radiated field
environments, which could result in malfunction of the nose wheel
steering (NWS) system. This proposed AD would require determining if
the SCU is an affected SCU, replacing all affected SCUs, and rigging
and testing the NWS control. This proposed AD would also prohibit
installing an affected SCU on any airplane. The FAA is proposing this
AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by December
28, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-2145; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.

    Material Incorporated by Reference:
     For service information identified in this NPRM, contact
Bombardier Business Aircraft Customer Response Center, 400 C[ocirc]te-
Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; telephone 514-
855-2999; email<EMAIL_ADDRESS>website bombardier.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: William Reisenauer, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-2145; Project Identifier
MCAI-2023-00358-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
William Reisenauer, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected]. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

    Transport Canada, which is the aviation authority for Canada, has
issued Transport Canada AD CF-2023-13, dated February 24, 2023
(referred to after this as ``the MCAI''), to correct an unsafe
condition on all Bombardier Inc. Model BD-100-1A10 airplanes. The MCAI
states that the manufacturer of SCU part number (P/N) 46000-01
introduced a new filter plate connector that does not meet the
certification requirements related to the susceptibility of electronic
components to high intensity radiated field. According to the MCAI,
this non-compliant filter plate connector, if not replaced, could
result in a malfunction of the NWS system and cause un-commanded
steering or lateral excursion from the runway. The MCAI requires
removing and replacing all affected non-compliant SCUs. The FAA is
proposing this AD to address the unsafe condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-2145.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bombardier Service Bulletin 100-32-34, dated
October 18, 2021, and Bombardier Service Bulletin 350-32-010, dated
October 18, 2021. This service information specifies procedures for
determining the serial number of SCU P/N 46000-01, replacing any
affected SCU, and rigging and testing the NWS control. These documents
are distinct since they apply to different airplane serial numbers.
This service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA is issuing this NPRM
after determining that the unsafe condition described previously is
likely to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require an inspection or records review to
determine if the SCU is an affected SCU, replacement of all affected
SCUs, and rigging and testing of the NWS control. This proposed AD
would also prohibit installing an affected SCU on any airplane.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 725 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
9 work-hours x $85 per hour = $765...........................         $44,950          $45,715      $33,143,375
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected operators.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I,

section 106, describes the authority of the FAA Administrator. Subtitle
VII: Aviation Programs, describes in more detail the scope of the
Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

Bombardier Inc.: Docket No. FAA-2023-2145; Project Identifier MCAI-
2023-00358-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by December 28, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Bombardier Inc. Model BD-100-1A10
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
gear.

(e) Unsafe Condition

    This AD was prompted by a report of a steering control unit
(SCU) filter plate connector that does not meet the certification
requirements for exposure of electronic components to high intensity
radiated field environments. The FAA is issuing this AD to prevent
malfunction of the nose wheel steering (NWS) system. The unsafe
condition, if not addressed, could result in un-commanded steering
or lateral runway excursion.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Inspection or Records Review

    Within 24 months after the effective date of this AD: Inspect
the SCU to determine if SCU part number (P/N) 46000-01 with a serial
number listed in Figure 1 to paragraph (g) of this AD is installed
on the airplane. A review of the airplane maintenance records is
acceptable in lieu of the inspection if the SCU P/N and serial
number can be conclusively determined from that review. If an SCU P/
N 46000-01 with a serial number listed in Figure 1 to paragraph (g)
of this AD is not installed on the airplane, or if the SCU
identification plate is marked with SB100-32-030, then no further
action is required by this AD; however, the installation prohibition
in paragraph (i) of this AD still applies.
BILLING CODE 4910-13-P

Figure 1 to Paragraph (g)--Affected SCU Serial Numbers

[GRAPHIC] [TIFF OMITTED] TP13NO23.097

BILLING CODE 4910-13-C

(h) Replacement

    For airplanes with SCU P/N46000-01 with a serial number listed
in Figure 1 to paragraph (g) of this AD installed and not marked on
the SCU identification plate with SB100-32-030: Within 24 months
after the effective date of this AD, replace the SCU and rig and
test the NWS control, in accordance with the instructions in
paragraph (h)(1), (2), or (3) of this AD, as applicable.
    (1) For airplane serial numbers 20001 through 20500 inclusive:
Steps 2.C.(1) and 2.C.(3) of Section 2.C., ``Part B--Modification,''
and Section 2.D., ``Testing,'' of the Accomplishment Instructions in
Bombardier Service Bulletin 100-32-34, dated October 18, 2021.
    (2) For airplane serial numbers 20501 through 20893 inclusive:
Steps 2.C.(1) and 2.C.(3) of Section 2.C., ``Part B--Modification,''
and Section 2.D., ``Testing,'' of the Accomplishment Instructions in
Bombardier Service Bulletin 350-32-010, dated October 18, 2021.
    (3) For airplane serial numbers 20894 and larger: A method
approved by the Manager, International Validation Branch, FAA; or
Transport Canada; or Bombardier Inc.'s Transport Canada Design
Approval Organization (DAO). If approved by the DAO, the approval
must include the DAO-authorized signature.

(i) Parts Installation Prohibition

    As of the effective date of this AD, do not install SCU P/N
46000-01 on any airplane if the serial number of the SCU is listed
in figure 1 to paragraph (g) of this AD, unless the SCU
identification plate has been marked with SB100-32-030.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the manager of the
International Validation Branch, mail it to the address identified
in paragraph (k)(2) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or Transport Canada or Bombardier, Inc.'s
Transport Canada Design Approval Organization (DAO). If approved by
the DAO, the approval must include the DAO-authorized signature.

(k) Additional Information

    (1) Refer to Transport Canada AD CF-2023-13, dated February 24,
2023, for related information. This Transport Canada AD may be found
in the AD docket at regulations.gov under Docket No. FAA-2023-2145.
    (2) For more information about this AD, contact William
Reisenauer, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 100-32-34, dated October 18,
2021.
    (ii) Bombardier Service Bulletin 350-32-010, dated October 18,
2021.
    (3) For service information identified in this AD, contact
Bombardier Business Aircraft Customer Response Center, 400
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>website
bombardier.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/[email protected]">www.archives.gov/federal-register/cfr/[email protected].

    Issued on October 31, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-24566 Filed 11-9-23; 8:45 am]
BILLING CODE 4910-13-P


1 Date: 3 August 2004 To: James Covington, EPA From: Amy Stillings and Maureen F. Kaplan, ERG Subject: OCPSF: Number of Small Businesses in Chlor Alkali and Vinyl Chloride Industries On 29 July 2004, ERG Lexington received a spreadsheet that contained a listing of the chlor alkali and vinyl chloride industry facilities that ERG Chantilly identified in the detailed review of the OCPSF. The spreadsheet included the SIC code for nearly all facilities.

ERG Lexington cross walked the SIC codes to the corresponding NAICS codes now used by the Small Business Administration in setting size standards. The attached table includes the NAICS code for a facility and the SBA size standard for that code ( all of which are based on the number of employees). ERG Lexington identified the corporate parent to which the size standard would apply and located that information for all companies on the list. The information is presented in Table 1. The sources for the information for each company are listed in Table 2.

The set of OCPSF facilities of interest for the 304( m) review contains six facilities that belong to four small businesses:

# Ashta Chemicals Inc.

# Kuehne Chemical Company, Inc.

# Pioneer Companies # Veisicol Chemical Corporation.

All other facilities belong to large businesses. 2 Table 1 OCPSF Small Businesses Company Facility Location Corporate Parent for Employee Number SIC NAICS SBA Employee Size Definition for Large Employees ( 2003) Small Business Ashta Ashtabula, OH 2812 325181 1,000 100 X Atofina Petrochemicals La Porte, TX Atofina 2821 325211 750 61,212 Bayer Baytown, TX 2819 325188 1,000 118,280 Celanese Acetate Narrows, VA Celanese AG 2821 325211 750 9,500 Certainteed Corp. Westlake, LA 2821 325211 750 7,000 Colorite Specialty Resins Burlington, NJ Tekni Plex 2821 325211 750 3,400 Cytec Industries Wallingford, CT 2821 325211 750 4,500 Dover Chemical Dover, OH ICC Industries 2869 325199 1,000 3,150 Dow Freeport, TX 2869 325199 1,000 46,372 Plaquemine, LA Texas City, TX DuPont Niagara Falls, NY 2869 325199 1,000 81,000 Deepwater, NJ Formosa Plastics Baton Rouge, LA 2821 325211 750 4,471 Delaware City, DE Illiopolis, IL Point Comfort, TX GE Plastics Burkville, AL General Electric Co. 2821 325211 750 305,000 Mount Vernon, IN Geismar Vinyls Geismar, LA Westlake Chemical Co. 2821 325211 750 1,944 Georgia Gulf Aberdeen, MS 2821 325211 750 1,198 Oklahoma City, OK Plaquemine, LA 2869 325199 1,000 Westlake, LA 2870 Georgia Pacific Green Bay, WI 2621 322121 750 61,000 Muskogee, OK Rincon, GA Keysor Century Geismar, LA 2821 325211 750 closed Kuehne Chemical Kearny, NJ 2812 325181 1,000 200 X Occidental Chemical Company Convent, LA Occidental 2869 325199 1,000 7,133 Delaware City, DE Petroleum 2812 325181 1,000 Ingleside, TX Hahnville, LA Mobile, AL Niagara Falls, NY Pottstown, PA 2821 325211 750 Olin Augusta, GA 2812 325181 1,000 5,700 Charleston, TN McIntosh, AL Niagara Falls, NY 2819 325188 1,000 Company Facility Location Corporate Parent for Employee Number SIC NAICS SBA Employee Size Definition for Large Employees ( 2003) Small Business 3 OxyVinyls Deer Park, TX Occidental Petroleum 2821 325211 750 7,133 LaPorte, TX Louisville, KY 3087 325991 500 Pasadena, TX Pedricktown, NJ Oxychem Muscle Shoals, AL Occidental Petroleum 2812 325181 1,000 7,133 Castle Hayne, NC 2819 325188 1,000 Pioneer Henderson, NV Pioneer Companies 2812 325181 1,000 648 X St. Gabriel, LA Tacoma, WA Polyone Corp. Burlington, NJ 3087 325991 500 6,500 Henry, IL 2821 325211 750 PPG Industries, Inc. Lake Charles, LA 2869 325199 1,000 32,900 Natrium, WV 2812 325181 1,000 Sasol North America, Inc. Westlake, LA Sasol Limited 2869 325199 1,000 31,150 Baltimore, MD no longer uses chlorine on site Shintech Inc. Addis, LA Shin Etsu Chemical ( Japan) 2821 325211 750 16,573 Freeport, TX Vulcan Chemicals Geismar, LA 2812 325181 1,000 1,192 Port Edwards, WI Wichita, KS Velsicol Chemical Corp Memphis, TN 2869 325199 1,000 400 X Vygen Ashtabula, OH 2821 325211 750 closed Westlake Monomers Calvert City, KY Westlake Chemical Co. 2869 325199 1,000 1,944 Pensacola, FL 2821 325211 750 4 Table 2 Sources for Determination Company Corporate Parent for Employee Number Employees ( 2003) Source Ashta 100 http:// www. thomasregister. com/ CompanyProfile. aspx? az= 73860488& pn=& search_ t ype= company& search_ string= Ashta+ Chemicals& narrow_ states=& narrow_ text=& rc = 1& seq= 0& offset= 0& sid= 0408031044432600014111LW3& uuid= TRGuest Atofina Petrochemicals Atofina 61,212 http:// www. hoovers. com/ atofina/ ID__ 90709/ free co factsheet. xhtml Bayer 118,280 http:// www. hoovers. com/ bayer/ ID__ 41808/ free co factsheet. xhtml Celanese Acetate Celanese AG 9,500 http:// www. hoovers. com/ celanese/ ID__ 59292/ free co factsheet. xhtml Certainteed Corp. 7,000 http:// www. hoovers. com/ certainteed/ ID__ 43943/ free co factsheet. xhtml Colorite Specialty Resins Tekni Plex 3,400 http:// www. tekni plex. com/ companies/ colorresins. html http:// www. tekni plex. com/ news/ elm. html Cytec Industries 4,500 http:// www. hoovers. com/ cytec/ ID__ 41906/ free co factsheet. xhtml Dover Chemical ICC Industries 3,150 http:// ca. hotjobs. yahoo. com/ jobseeker/ company/ company_ profile. html? gid= 15240&

RPPG= 100 Dow 46,372 http:// www. hoovers. com/ dow chemical/ ID__ 10471/ free co factsheet. xhtml DuPont 81,000 http:// www. hoovers. com/ dupont/ ID__ 10487/ free co factsheet. xhtml Formosa Plastics 4,471 http:// www. hoovers. com/ fpc/ ID__ 40934/ free co factsheet. xhtml GE Plastics General Electric Co. 305,000 http:// www. hoovers. com/ ge/ ID__ 10634/ free co factsheet. xhtml Geismar Vinyls Westlake Chemical Co. 1,944 http:// www. hoovers. com/ westlake chemical/ ID__ 106287/ free co factsheet. xhtml Georgia Gulf 1,198 http:// www. hoovers. com/ georgia gulf/ ID__ 10647/ free co factsheet. xhtml Georgia Pacific 61,000 http:// www. hoovers. com/ georgia pacific corporation/ ID__ 10648/ free co factshee t. xhtml Keysor Century closedERG Chantilly Kuehne Chemical 200Lexis Nexis. Corporate Affiliations. Volume 5. Private Companies A K. 2004.

Occidental Chemical Company Occidental Petroleum 7,713 http:// www. hoovers. com/ occidental petroleum/ ID__ 11110/ free co factsheet. xhtm l OxyVinyls Occidental Petroleum Oxychem Occidental Petroleum Olin 5,700 http:// www. hoovers. com/ olin/ ID__ 11116/ free co factsheet. xhtml Pioneer Pioneer Companies 648 http:// www. hoovers. com/ pioneer companies/ ID__ 51864/ free co factsheet. xhtml Polyone Corp. 6,500 http:// www. hoovers. com/ polyone/ ID__ 102179/ free co factsheet. xhtml PPG Industries, Inc. 32,900 http:// www. hoovers. com/ ppg/ ID__ 11139/ free co factsheet. xhtml Sasol North America, Inc. Sasol Limited 31,150 http:// www. hoovers. com/ sasol/ ID__ 47910/ free co factsheet. xhtml Company Corporate Parent for Employee Number Employees ( 2003) Source 5 Shintech Inc. Shin Etsu Chemical ( Japan) 16,573 http:// www. hoovers. com/ shin etsu chemical/ ID__ 56866/ free co factsheet. xhtml Vulcan Chemicals 1,192 http:// www. hoovers. com/ vulcan chemicals/ ID__ 106517/ free co factsheet. xhtml Velsicol Chemical Corp 400 http:// www. hoovers. com/ velsicol chemical/ ID__ 44602/ free co factsheet. xhtml Vygen closedERG Chantilly Westlake Monomers Westlake Chemical Co. 1,944 http:// www. hoovers. com/ westlake chemical/ ID__ 106287/ free co factsheet. xhtml


Planned Parenthood Bridgeport 211 State St.

Planned Parenthood Danielson 87 Westcott Rd.

Planned Parenthood Hartford North 1229 Albany Ave.

Planned Parenthood Manchester 419 West Middle Tpke.

Planned Parenthood Meriden 26 Women's Way Planned Parenthood New London 45 Franklin St.

Planned Parenthood Old Saybrook 263 Main St.

Planned Parenthood Shelton 415 Howe St.

Planned Parenthood South Norwalk 50 Washington St.

Planned Parenthood Torrington 249 Winsted Rd.

Planned Parenthood Waterbury 969 West Main St.

Planned Parenthood Willimantic 1548 West Main St.

School Based Health Center Fair Hav164 Grand Ave.

The Body Shop SBHC Wilbur Cross H181 Mitchell Dr.

Fox Middle School Student Health Ce305 Greenfield St.

Hartford Public High School Student H55 Forest St.

Quirk Middle School Student Health C85 Edwards St.

Weaver High School Student Health C415 Granby St.

Hill Health Center Dixwell Center 226 Dixwell St.

Hill Health Center Family Planning Pr428 Columbus Blvd.

Hill Health Center West Haven 285 Main St.

New Britain General Hospital Family P100 Grand St.

Women Health Center Hartford Hospi80 Seymour St.

Health 1st Family Planning 66 Fox St.

Health 1st Fort Kent Family Planning 486 Frenchville Rd. RR2 Box 95 Health 1st Houlton Family Planning 59 Bangor St. Health 1st Presque Isle Family Planni169 Academy St.

Downeast Health Services Calais Fam37 Union St.

Downeast Health Services Ellsworth FChristian Ridge Rd. P. O. Box 1087 Downeast Health Services Machias Fa78 Court St.

Augusta Family Planning 43 Gabriel Dr. P. O. Box 587 Belfast Family Planning 147 Waldo St. P. O. Box 18 Damariscotta Family Planning Pine Grove Plaza Rte. 1 Plz P. O. Box 610 Rockland Family Planning 22 White St. P. O. Box 866 KVCAP Family Planning 97 Water St.

KVCAP Family Planning Program Pittsfield Professional KVCAP Skowhegan Health Services Mitchell Boulette Cntr RR 1 Box 4747 Penquis Health Services Dexter Fami311A Corinna Rd. P. O. Box 45 Penquis Health Services Dover Foxcr50 North St.

Penquis Health Services Lincoln Fam115 Main St.

Penquis Health Services Millinocket F24 Balsam St.

Penquis Health Services Penquis Cap262 Harlow St. P. O. Box 1162 Planned Parenthood of Northern New 970 Forest Ave. P. O. Box 1519 Planned Parenthood of Northern New 281 Main St. P. O. Box 1556 Planned Parenthood of Northern New 1 Main ( Topsham 0406) St. P. O. Box 234 Planned Parenthood of Northern New 160 Main St. Ste. 302 Tricounty Health Services Auburn Fam79 Main St. P. O. Box 70 Tricounty Health Services Farmington193 Front St. Ste. 5 Tricounty Health Services Norway Fam39 Lower Main St. P. O. Box 151 Tricounty Health Services Rumford Fa218 Penobscot St.

Tricounty Health Services Sacopee VaMaine St. Boston Medical Center Adolescent Ce1 Boston Pl.

Boston Medical Center Women's Cen1 Boston Medical Pl.

Boston Public Health Commission 1010 Massachusetts Ave.

Bowdoin Street Health Center 230 Bowdoin St.

Children's Hospital Adolescent Clinic 300 Longwood Ave.

Children's Hospital Young Parents Pg300 Longwood Ave.

Codman Square Health Center 637 Washington St.

Dimock Health Center 55 Dimock St.

Dorchester House Multi Service Cente1353 Dorchester Ave.

Geiger Gibson Community Health Cen250 Mount Vernon St.

Harvard Street Adolescent Center 895 Blue Hill Ave.

Harvard Street Neighborhood Health C632 Blue Hill Ave.

Joseph Smith Health Center 287 Western Ave.

Justice Resource Institute Sidney Boru130 Boylston St.

Martha Eliot Health Center 75 Bickford St.

Mattapan Community Health Center 1425 Blue Hill Ave.

MGH Chelsea Student Health Center 299 Everett Ave.

MGH Revere Family Planning 300 Ocean Dr.

Neponset Health Center 398 Neponset Ave.

ROCA Teen Health 151 Everett Ave.

Roxbury Comprehensive Health Cente435 Warren St.

South Boston Community Health Cen409 W Broadway South Cove Community Health Cente275 Hancock St.

South End Community Health Center 1601 Washington St.

Southcove Community Health Center885 Washington St.

Uphams Corner Health Center 500 Columbia Whittier Street Health Center 1125 Tremont St.

East Somerville Health Center 42 Cross St.

Somerville Adult Medicine 300 Broadway Somerville Pediatric Associates 300 Broadway Somerville Primary Care 26 Central St.

Teen Connection 81 Highland Ave.

East Cambridge Health Center 163 Gore St.

Neighborhood Family Care 105 Windsor St.

North Cambridge Health Center 266 B Rindge Ave.

Riverside Health Services 205 Western Ave.

Teen Health Center 459 Broadway Union Square Health Center 337 Somerville Ave.

Women's Health Center 1493 Cambridge St.

Marlborough Family Planning Clinic 157 Union St.

Milford Family Planning Clinic 258 Main St. 101 Southbridge Family Planning Clinic 50 Elm St.

Worcester Family Planning Clinic 405 Grove St.

Pro Health Family Planning Clinic 268 West Broadway Pro Health Family Planning Clinic Bur326 Nichols Ste.

Attleboro Family Planning 150 Emory St.

Brockton Family Planning 111 Torrey St.

Hull Teen Women's Health 175 George Washington Blvd.

Hyannis Family Planning 1019 Iyanough Rd.

Martha's Vineyard Family Planning 322 State Rd. P. O. Box 909 Nantucket Family Planning Gouin Village 3 Vesper La. New Bedford Family Planning 651 Orchard St.

Plymouth Family Planning 5 Castle Rd.

Quincy Family Planning 148 Parkingway Wareham Family Planning 106 Main St.

Brockton Neighborhood Health Center157 Main St.

Fall River Family Planning 337 Hanover St.

Taunton Family Planning 1 Taunton Green Falmouth Family Planning 65B Town Hall Sq.

Greater New Bedford Community Hea874 Purchase St.

Outer Cape Health Services 49 Harry Kemp Way Box 613 Health Quarters Beverly Office 19 Broadway Health Quarters Haverhill Office 755 Main St.

Health Quarters Lawrence Office 101 Amesbury St. Ste. 202 Health Quarters Lynn Office 280 Union St. 2nd Fl.

Health Quarters Malden Office 30 Eastern Ave.

Health Quarters Reading Office 274 Main St.

Greater Lawrence Family Health Cent101 Amesbury St.

Women Services of Greater Lowell 15 Warren St.

Tapestry Health 85 Main St. Ste. 328 Tapestry Health 100 Wendell Ave.

Tapestry Health 29 Lewis Ave.

Tapestry Health 317 Maple St.

Tapestry Health 39 Mulberry St.

Tapestry Health 27 Pray St.

Tapestry Health 16 Center St.

Tapestry Health 80 Sanderson St. Ammonoosuc Community Health Serv155 Main St. P. O. Box 8 Ammonoosuc Community Health Serv25 Mt. Eustis Rd.

Ammonoosuc Community Health Serv40 Railroad St.

Ammonoosuc Community Health Serv30 Kings Sq.

Ammonoosuc Community Health ServMt. Mooselauke Main St.

Avis Goodwin Community Health Cen9Rollinsford Rd.

Avis Goodwin Community Health Cen2 South Main St.

CAP Belknap Merrimack Co 258 Highland St.

CAP Belknap Merrimack Co. Mountainside Business Cntr 127 Rte. 8 CAP Belknap Merrimack Co. 121 Belmont Rd.

CAP Belknap Merrimack Co. 841 Central St.

Teen Health Clinic 72 Concord St.

Capital Region Family Health Center 250 Pleasant St.

Hillsboro Family Health 462 West Main St.

Coos Co Family Health Services Inc. 133 Pleasant St.

Dartmouth Hitchcock Indian Stream 2 Corliss La. RR 2 Box 14 Nashua Area Health Center 10 Prospect St.

Nashua Area Health Center Unitarian 20 Elm St.

Planned Parenthood of No. New Engla89 South Main St.

Planned Parenthood of No. New Engla241 Elm St.

Planned Parenthood of No. New Engla57A Main St.

Planned Parenthood of No. New Engla4 Birch St.

Planned Parenthood of No. New Engla105 High St.

Planned Parenthood of No. New Engla24 Pennacook St.

Planned Parenthood of No. New Engla6 Hampton Rd. Planned Parenthood of No. New Engla575 S Willow St.

Teen Options 1245 Elm St.

Weeks Medical Center 12 Church St.

Weeks Medical Center 170 Middle St.

Weeks Medical Center 24 Lancaster Rd.

White Mountain Community Health Ce298 White Mt. Hwy. P. O. Box 2800 Rhode Island Dept. of Health 3 Capitol Hill Blackstone Valley Community Health 9 Chestnut St.

Blackstone Valley Community Health 42 Park Pl.

Family Health Services of Coventry 191 MacArthur Blvd.

Family Health Services of Cranston 1090 Cranston St.

Memorial Hospital of Rhode Island 89 Pond St.

Northwest Health Center P. O. Box 531 Putnam Planned Parenthood of Rhode Island 111 Point St.

Allen Berry Health Center 202 Praire Ave.

Capitol Hill Health Center 40 Candace St.

Central Health Center 239 Cranston St.

Fox Point Health Center 550 Wickenden St.

Olneyville Health Center 100 Curtis St.

East Bay Family Health Care 100 Bullocks Point Ave.

Health Center of South Co. One River St.

Thundermist Health Center 383 Arnold St.

Tri Town Health Center 1126 Hartford Ave. Ste. 102 VNS of Newport Co. 21 Chapel St.

Planned Parenthood of Northern New 140 Hospital Dr. Ste. 307 Planned Parenthood of Northern New 402 Canal St. Planned Parenthood of Northern New 213 East Main St. Page Bldg.

Planned Parenthood of Northern New 102 Court St.

Planned Parenthood of Northern New 79 Coventry St.

Planned Parenthood of Northern New 41 South Main St.

Planned Parenthood of Northern New 125 Park St.

Planned Parenthood of Northern New 80 Fairfield St.

Planned Parenthood of Northern New 357 Western Ave. Ste. 101 Planned Parenthood of Northern New 55 South Main St.

Planned Parenthood of Northern New 183 Talcott Rd. Ste. 101 BridgeporCT 6604 ( 203) 752 2821 DanielsonCT 6239 ( 203) 752 2821 Hartford CT 6112 ( 203) 752 2821 ManchesteCT 6040 ( 203) 752 2821 Meriden CT 6451 ( 203) 752 2821 New LondCT 6320 ( 203) 752 2821 Old SaybrCT 6475 ( 203) 752 2821 Shelton CT 6484 ( 203) 752 2821 Norwalk CT 6854 ( 203) 752 2821 TorringtonCT 6790 ( 203) 752 2821 WaterburyCT 6708 ( 203) 752 2821 WillimantiCT 6226 ( 203) 752 2821 New HaveCT 6513 ( 203) 777 7411 New HaveCT 6511 ( 203) 777 7411 Hartford CT 06112 1826 ( 860) 695 8760 Hartford CT 06105 3227 ( 860) 695 8760 Hartford CT 06120 2821 ( 860) 695 8760 Hartford CT 6112 ( 860) 695 8760 New HaveCT 6515 ( 203) 503 3107 New HaveCT 6515 ( 203) 503 3107 West HavCT 6516 ( 203) 503 3107 New BritaCT 6050 ( 860) 224 5515 Hartford CT 6115 ( 860) 545 2783 MadawaskME 4756 ( 207) 834 3513 Fort Kent ME 4743 ( 207) 834 3513 Houlton ME 4730 ( 207) 532 0503 Presque IsME 4769 ( 207) 768 3062 Calais ME 4619 ( 207) 454 3634 Ellsworth ME 4605 ( 207) 667 5304 Machias ME 4654 ( 207) 255 3391 Augusta ME 04332 0587 ( 207) 622 7524 Belfast ME 4915 ( 207) 338 3736 DamariscoME 4543 ( 207) 563 1224 Rockland ME 4841 ( 207) 594 6880 WatervilleME 04903 1529 ( 207) 859 1638 Pittsfield ME 4967 ( 207) 474 8487 SkowhegaME 4976 ( 207) 474 8487 Dexter ME 4930 ( 207) 24 7383 Dover FoxME 4426 ( 207) 564 2847 Lincoln ME 4457 ( 207) 794 3313 MillinockeME 4462 ( 207) 723 4994 Bangor ME 4401 ( 207) 973 3650 Portland ME 04104 1519 ( 207) 797 8881 BiddefordME 04005 1556 ( 207) 282 6620 BrunswickME 04011 0234 ( 207) 725 8264 Sanford ME 04073 0589 ( 207) 324 9385 Auburn ME 4212 ( 207) 795 4075 FarmingtoME 4938 ( 207) 778 4553 Norway ME 4268 ( 207) 743 2066 Rumford ME 4276 ( 207) 364 3960 Kezar FallME 4047 ( 207) 625 8126 Boston MA 02118 2393 ( 617) 414 4086 Boston MA 02118 2393 ( 617) 414 4193 Boston MA 2118 ( 617) 534 5198 DorchesteMA 2122 ( 617) 754 0100 Boston MA 2115 ( 617) 355 7181 Boston MA 2115 ( 617) 355 7181 DorchesteMA 2124 ( 617) 825 9660 Roxbury MA 2119 ( 617) 448 9650 DorchesteMA 2122 ( 617) 288 3230 DorchesteMA 2125 ( 617) 288 1140 DorchesteMA 2121 ( 617) 825 9660 DorchesteMA 2121 ( 617) 880 7840 Allston MA 2134 ( 617) 783 0500 Boston MA 2116 ( 617) 457 8140 Jamaica PMA 2130 ( 617) 971 2100 Mattapan MA 2126 ( 617) 898 9055 Chelsea MA 2150 ( 617) 889 8449 Revere MA 2151 ( 781) 485 6024 DorchesteMA 2122 ( 617) 282 3200 Chelsea MA 2150 ( 617) 889 5210 Roxbury MA 2119 ( 617) 442 7400 Boston MA 2127 ( 617) 269 7500 Quincy MA 2171 ( 617) 425 2000 Boston MA 2118 ( 617) 287 8000 Boston MA 2111 ( 617) 482 7555 DorchesteMA 2125 ( 617) 287 8000 Roxbury MA 2120 ( 617) 989 3020 SomervilleMA 2143 ( 617) 575 5520 SomervilleMA 2145 ( 617) 284 7000 SomervilleMA 2145 ( 617) 284 7000 SomervilleMA 2143 ( 617) 591 6300 SomervilleMA 2143 ( 617) 666 9297 CambridgMA 2141 ( 617) 665 3000 CambridgMA 2139 ( 617) 868 2900 CambridgMA 2140 ( 617) 665 3340 CambridgMA 2139 ( 617) 575 5620 CambridgMA 2138 ( 617) 665 1548 SomervilleMA 2143 ( 617) 627 9040 CambridgMA 2139 ( 617) 665 2821 MarlborouMA 1752 ( 508) 756 7123 Milford MA 1757 ( 508) 756 7123 SouthbridgMA 1550 ( 508) 756 7123 WorcesterMA 1605 ( 508) 756 7123 Gardner MA 1440 ( 978) 632 9633 26 FitchbuMA 1420 ( 987) 345 6272 Attleboro MA 2703 ( 508) 226 1586 Brockton MA 2301 ( 508) 586 3800 Hull MA 2045 ( 781) 925 0671 Hyannis MA 2601 ( 508) 771 8010 Vineyard HMA 2568 ( 508) 693 1208 NantucketMA 2554 ( 508) 228 9189 New BedfMA 2744 ( 508) 984 5333 PlymouthMA 2360 ( 508) 746 8353 Quincy MA 2169 ( 617) 773 7331 WarehamMA 2571 ( 508) 295 0383 Brockton MA 2301 ( 508) 559 1370 Fall RiverMA 2720 ( 508) 675 2882 Taunton MA 2747 ( 508) 823 6924 FalmouthMA 2540 ( 508) 540 2949 New BedfMA 2740 ( 508) 992 6553 ProvincetoMA 2657 ( 508) 487 9395 Beverly MA 1915 ( 978) 927 9824 Haverhill MA 1830 ( 978) 927 9824 LawrenceMA 01840 1323 ( 978) 927 9824 Lynn MA 1901 ( 978) 927 9824 Malden MA 2148 ( 978) 927 9824 Reading MA 1867 ( 978) 927 9824 LawrenceMA 1841 ( 978) 686 9701 Lowell MA 1852 ( 978) 446 0236 North AdaMA 1247 ( 413) 586 2016 Pittsfield MA 1201 ( 413) 586 2016 Great BarMA 1230 ( 413) 586 2016 Holyoke MA 1040 ( 413) 586 2016 SpringfieldMA 1105 ( 413) 586 2016 Amherst MA 1002 ( 413) 586 2016 NorthampMA 1060 ( 413) 586 2016 GreenfieldMA 1301 ( 413) 586 2016 FranconiaNH 3580 ( 603) 823 7078 Littleton NH 3561 ( 603) 444 2464 WoodsvillNH 3785 ( 603) 747 3990 WhitefieldNH 3598 ( 603) 837 2333 Warren NH 3279 ( 603) 764 5704 Dover NH 3820 ( 603) 749 2346 RochesterNH 3867 ( 603) 749 2346 Plymouth NH 3264 ( 603) 536 3584 Ossipee NH 3864 ( 603) 539 7552 Laconia NH 3246 ( 603) 524 5453 Franklin NH 3235 ( 603) 934 4905 ManchesteNH 3101 ( 603) 629 9707 Concord NH 3301 ( 603) 228 4677 Hillsboro NH 3244 ( 603) 478 3141 Berlin NH 3570 ( 603) 752 2040 ColebrookNH 3576 ( 603) 237 8336 Nashua NH 3060 ( 603) 883 1626 Milford NH 3055 ( 603) 673 9027 West LebaNH 3784 ( 603) 298 7766 ClaremonNH 3743 ( 603) 542 4568 Newport NH 3773 ( 603) 863 3050 Derry NH 3038 ( 603) 434 1354 PortsmoutNH 3801 ( 603) 431 6803 ManchesteNH 3104 ( 603) 669 7321 Exeter NH 3833 ( 603) 772 9315 ManchesteNH 3103 ( 603) 624 1191 ManchesteNH 3102 ( 603) 669 7321 Groveton NH 3582 ( 603) 636 1101 LancasterNH 3584 ( 603) 788 5090 WhitefieldNH 3598 ( 603) 837 9005 Conway NH 3818 ( 603) 447 8900 ProvidencRI 2908 ( 401) 222 4636 Central FaRI 2863 ( 401) 724 7110 PawtucketRI 2860 ( 401) 722 0081 Coventry RI 2816 ( 401) 828 5335 Cranston RI 2920 ( 401) 943 1981 PawtucketRI 2860 ( 401) 729 2753 Harmony RI 2829 ( 401) 568 7661 ProvidencRI 2903 ( 401) 421 7820 ProvidencRI 2907 ( 401) 444 0570 ProvidencRI 2908 ( 401) 444 0550 ProvidencRI 2907 ( 401) 444 0580 ProvidencRI 2903 ( 401) 444 0530 ProvidencRI 2909 ( 401) 444 0540 East ProvRI 2915 ( 401) 437 1008 WakefieldRI 2879 ( 401) 783 0523 WoonsockRI 2895 ( 401) 767 5444 Johnston RI 2919 ( 401) 351 2750 Newport RI 2840 ( 401) 849 2101 BenningtoVT 05201 5018 ( 802) 442 8166 BrattleborVT 5301 ( 802) 257 0534 Hyde ParkVT 5655 ( 802) 888 3077 MiddleburVT 5753 ( 802) 388 2765 Newport VT 5855 ( 802) 334 5822 RandolphVT 5060 ( 802) 728 9800 SpringfieldVT 05156 0717 ( 802) 885 4701 St AlbansVT 5478 ( 805) 527 1727 St JohnsbVT 05819 2798 ( 802) 748 8194 WaterburyVT 5676 ( 802) 244 5651 Williston VT 5495 ( 802) 878 7232


[Federal Register: December 4, 2007 (Volume 72, Number 232)]
[Notices]
[Page 68140-68141]
[DOCID:fr04de07-51]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[FFP Project 27, LLC ; Project No. 12846-000]

Notice of Application Accepted for Filing and Soliciting
Comments, Motions To Intervene, and Protests

November 26, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No: 12846-000.
    c. Date Filed: July 25, 2007.
    d. Applicant: FFP Project 27, LLC.
    e. Name of Project: Duncan Point Project.
    f. Location: The project would be located on the Mississippi River
in West Baton Rouge and East Baton Rouge Parishes, Louisiana. The
project uses no dam or impoundment.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Dan Irvin, FFP Project 27, LLC, 69 Bridge
Street, Manchester, MA 01944, phone<PHONE_NUMBER>.
    i. FERC Contact: Mr. Robert Bell,<PHONE_NUMBER>.
    j. Deadline for filing motions to intervene, protests and comments:
60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Comments, protests, and
interventions may be filed electronically via the Internet in lieu of
paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the project
number (P-12846-000) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
interveners filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Competing Application: Project No. 12817-000, Date Filed: July
23, 2007, Date Issued: October 2, 2007, Due Date: December 1, 2007.
    l. Description of Project: The proposed project consists of: (1)
2,250 proposed 20 kilowatt Free Flow generating units having a total
installed capacity of 43 megawatts, (2) a proposed transmission line,
and (3) appurtenant facilities. The FFP Project 27, LLC's project would
have an average annual generation of 197.1 gigawatt-hours and be sold
to a local utility.
    m. Locations of Applications: A copy of the application is
available for inspection and reproduction at the Commission in the
Public Reference Room, located at 888 First Street, NE., Room 2A,
Washington, DC 20426, or by calling<PHONE_NUMBER>. This filing may
also be viewed on the Commission's Web site at http://www.ferc.gov

using the ``eLibrary'' link. Enter the docket number excluding the last
three digits in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item
h. above.
    n. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    o. Competing Preliminary Permit--Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR 4.30
and 4.36.
    p. Competing Development Application--Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license

application must conform with 18 CFR 4.30 and 4.36.
    q. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    r. Proposed Scope of Studies Under Permit--A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    s. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    t. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT
TO FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'',
``PROTEST'', or ``MOTION TO INTERVENE'', as applicable, and the Project
Number of the particular application to which the filing refers. Any of
the above-named documents must be filed by providing the original and
the number of copies provided by the Commission's regulations to: The
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. An additional copy must be sent to Director,
Division of Hydropower Administration and Compliance, Federal Energy
Regulatory Commission, at the above-mentioned address. A copy of any
notice of intent, competing application or motion to intervene must
also be served upon each representative of the Applicant specified in
the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site under the ``e-Filing''
link. The Commission strongly encourages electronic filings.
    u. Agency Comments--Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-23428 Filed 12-3-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 153 (Friday, August 7, 2020)]
[Proposed Rules]
[Pages 47937-47939]
[FR Doc No: 2020-17366]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0435]
RIN 1625-AA00

Safety Zone; Patuxent and Patapsco Rivers, Solomons, MD, and
Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish two temporary safety
zones for certain waters within the Captain of the Port Maryland-
National Capital Region Zone. This action is necessary to provide for
the safety of life on these navigable waters of the Patuxent River at
Solomons, MD, on September 5, 2020, (with alternate date of September
6, 2020), and Patapsco River (Inner Harbor) at Baltimore, MD, on
October 2, 2020, (with no alternate date), during fireworks displays.
This proposed rulemaking would prohibit persons and vessels from being
in the safety zones unless authorized by the Captain of the Port
Maryland-National Capital Region or a designated representative. We
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before August 24, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0435 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Ron Houck, Sector Maryland-
National Capital Region Waterways Management Division, U.S. Coast
Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Solomons Business Association, of Solomons, MD, notified the
Coast Guard that it will be conducting a fireworks display on September
5, 2020, at 9 p.m. The fireworks display is to be launched from a barge
located in the Patuxent River, near Solomons, MD. In the event of
inclement weather, the fireworks display will be rescheduled for
September 6, 2020. Hazards from the fireworks display include
accidental discharge of fireworks, dangerous projectiles, and falling
hot embers or other debris. The COTP Maryland-National Capital Region
has determined that potential hazards associated with the fireworks to
be used in this display would be a safety concern for anyone within 200
yards of the fireworks barge.
    The Baltimore Office of Protion and The Arts, of Baltimore, MD,
notified the Coast Guard that it will be conducting a fireworks display
on October 2, 2020, at 9 p.m. The fireworks display is to be launched
from a barge located in the Patapsco River (Inner Harbor), at
Baltimore, MD. Hazards from the fireworks display include accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris. The COTP Maryland-National Capital Region has
determined that potential hazards associated with the fireworks to be
used in this display would be a safety concern for anyone within 100
yards of the fireworks barge.
    The Coast Guard is requesting that interested parties provide
comments within a shortened comment period of 15 days instead of the
more typical 30 days for this notice of proposed rulemaking. The Coast
Guard believes a shortened comment period is necessary and reasonable
to ensure the Coast Guard has time to review and respond to any
significant comments submitted by the public in response to this NPRM
and has a final rule in effect in time for the scheduled event.
    The Coast Guard is proposing this rulemaking under authority in 46
U.S.C. 70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP proposes to establish two temporary safety zones for
certain waters within the Captain of the Port Maryland-National Capital
Region Zone, as described in 33 CFR 3.25-15. This rule would be
effective from 8:30 p.m. on September 5, 2020, through 10 p.m. on
October 2, 2020, and would be enforced during the times described below
for each zone.
    The safety zone for the fireworks event at Solomons, MD, would be

enforced from 8 p.m. to 10:30 p.m. on September 5, 2020, or if
necessary due to inclement weather on September 6, 2020, during those
same hours. This zone would cover all navigable waters of the Patuxent
River within 200 yards of the fireworks barge in approximate position
latitude 38[deg]19'18'' N, longitude 076[deg]27'45'' W, located
approximately 700 feet from shore at Solomons, MD. The duration of the
regulation and enforcement of the safety zone is intended to ensure the
safety of vessels on these navigable waters before, during, and after
the scheduled 9 p.m. to 9:30 p.m. fireworks display.
    The safety zone for the fireworks event at Baltimore, MD, would be
enforced from 8 p.m. to 10 p.m. on October 2, 2020. This zone would
cover all navigable waters of the Patapsco River, Inner Harbor, within
100 yards of the fireworks barge in approximate position latitude
39[deg]17'01.54'' N, longitude 076[deg]36'31.81'' W, located
approximately 290 feet southwest of Inner Harbor pier 3, at Baltimore,
MD. The duration and enforcement of the safety zone is intended to
ensure the safety of vessels on these navigable waters before, during,
and after the scheduled 9 p.m. to 9:08 p.m. fireworks display.
    No vessel or person would be permitted to enter these safety zones
without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive Orders, and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
duration, and time-of-day of the safety zones, which would impact only
small designated areas of the Patuxent River and the Patapsco River
(Baltimore Inner Harbor) for a maximum of 7 enforcement hours, during
the evening when vessel traffic is normally low. Moreover, the Coast
Guard will issue Local Notices to Mariners and a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zones.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves two safety
zones lasting a total of 5.5 enforcement hours that would prohibit
entry within portions of the Patuxent River, and Patapsco River

(Inner Harbor). Normally such actions are categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T05-0435 to read as follows:

Sec.  165.T05-0435   Safety Zones; Fireworks Displays in the Coast
Guard Captain of the Port Maryland-National Capital Region Zone.

    (a) Locations. The following areas are a safety zone. All
coordinates are based on datum NAD 83.
    (1) Safety zone 1. All navigable waters of the Patuxent River
within 200 yards of the fireworks barge in approximate position
latitude 38[deg]19'18'' N, longitude 076[deg]27'45'' W, located
approximately 700 feet from shore at Solomons, MD.
    (2) Safety zone 2. All navigable waters of the Patapsco River,
Inner Harbor, within 100 yards of the fireworks barge in approximate
position latitude 39[deg]17'01.54'' N, longitude 076[deg]36'31.81'' W,
located approximately 290 feet southwest of Inner Harbor pier 3, at
Baltimore, MD.
    (b) Definitions. As used in this section--
    Captain of the Port (COTP) means the Commander, U.S. Coast Guard
Sector Maryland-National Capital Region.
    Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Maryland-National Capital Region to assist in enforcing any safety
zone described in paragraph (a) of this section.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter either safety zone described
in paragraph (a) of this section while being enforced unless authorized
by the COTP or the COTP's designated representative. All vessels
underway within a safety zone at the time enforcement is activated for
that zone are to depart the zone.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by telephone at<PHONE_NUMBER> or on Marine Band Radio
VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this
section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8
MHz).
    (3) Those in a safety zone during enforcement must comply with all
lawful orders or directions given to them by the COTP or the COTP's
designated representative.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
    (e) Enforcement periods. (1) Paragraph (a)(1) of this section will
be enforced from 8 p.m. to 10:30 p.m. on September 5, 2020, or if
necessary due to inclement weather on September 5, 2020, from 8 p.m. to
10:30 p.m. on September 6, 2020.
    (2) Paragraph (a)(2) of this section will be enforced from 8 p.m.
to 10 p.m. on October 2, 2020.

    Dated: August 4, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard Captain of the Port Maryland-National Capital
Region.
[FR Doc. 2020-17366 Filed 8-6-20; 8:45 am]
BILLING CODE 9110-04-P