[Federal Register Volume 87, Number 248 (Wednesday, December 28, 2022)]
[Notices]
[Pages 79887-79888]
[FR Doc No: 2022-28281]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2013-0711; FRL-10548-01-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Data Requirements Rule for the 1-Hour Sulfur
Dioxide Primary National Ambient Air Quality Standard (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted a
renewal of an information collection request (ICR), Data Requirements
Rule for the 1-Hour Sulfur Dioxide Primary National Ambient Air Quality
Standard (EPA ICR Number 2495.05, OMB Control Number 2060-0696) to
Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act (PRA). This notice is a
proposed extension of the ICR, which is currently approved through
December 31, 2022. Public comments were previously requested via the
Federal Register on October 11, 2022, during a 60-day comment period.
This notice allows for an additional 30 days for public comment.

DATES: Additional comments may be submitted on or before January 27,
2023.

ADDRESSES: Submit your comments to EPA, referencing Docket ID No. EPA-
HQ-OAR-2013-0711 online using www.regulations.gov (our preferred
method), by email to [email protected], or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460. EPA's policy is that all
comments received will be included in the public docket without change
including any personal information provided, unless the comment
includes profanity, threats, information claimed to be Confidential
Business Information (CBI), or other information whose disclosure is
restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Sydney Lawrence, Office of Air Quality
Planning and Standards, Air Quality Policy Division, C504-05, U.S.
Environmental Protection Agency, Research Triangle Park, NC; telephone
number:<PHONE_NUMBER>; email address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Avenue NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about the EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: This ICR includes estimates for the submission and
processing of emissions and emissions-related information and ambient
air dispersion modeling reporting and activities, associated with the
40 CFR part 51 Requirements for Preparation, Adoption and Submittal of
Implementation Plans, as they apply to the 2010 1-Hour Sulfur Dioxide
(SO2) Primary NAAQS. These

data and information are collected by various state and local air
quality management agencies and reported to the EPA. State and local
air management agencies were required to submit either monitoring or
modeling information in order to meet the initial and on-going
requirements, as applicable, to characterize air quality concentrations
in areas with specific emissions sources identified under the final
SO2 Data Requirements Rule (DRR). This proposed ICR Renewal
adopts (with some revisions) the estimates contained in the original
ICR, and it includes burden estimates for the development, submittal,
and processing of the information described above to meet ongoing
requirements under the DRR during the period January 1, 2023-December
31, 2025. For those state and local air management agencies that chose
to conduct ambient monitoring rather than air quality modeling to
characterize air quality around specific emissions sources during the
initial phase of DRR implementation (2016), such monitoring is required
by subpart BB of part 51, and information collections associated with
initial ambient air quality monitoring required under part 51 were
initially included in the prior versions of the DRR ICR. Currently, the
DRR requires that ongoing monitoring continue to meet the operational
constraints and requirements in 40 CFR part 58, and any collections
associated with ongoing monitoring under the DRR are now covered by the
part 58 ICR (EPA ICR No. 0940.29; OMB No. 2060-0084). Therefore,
ongoing collections of ambient monitoring data have been removed from
coverage by the DRR ICR to avoid duplicative burden calculations.
Future renewals of the part 58 ICR will continue to cover any
collections of ongoing ambient air monitoring data that were initiated
under subpart BB of part 51, so long as any of those monitors continues
to operate.
    Form Numbers: None.
    Respondents/affected entities: State, local and tribal air
pollution management control agencies.
    Respondent's obligation to respond: Mandatory (40 CFR part 51).
    Estimated number of respondents: 36 states, providing emissions and
in some cases air quality modeling for 137 sources.
    Frequency of response: Annually for ongoing modeling annual report.
    Total estimated burden: Specific hours for modeling not estimated,
all labor is reported in the estimated cost for modeling. Burden is
defined at 5 CFR 1320.03(b).
    Total estimated cost: $3,014,000 (per year) for modeling.
    Changes in Estimates: Air agencies that elected under subpart BB of
part 51 to conduct ambient monitoring for listed DRR sources are
responsible for collecting ambient air quality data information and
submitting these data electronically to EPA's Air Quality System (AQS)
and other voluntary databases. While information collections associated
with initial ambient air quality monitoring under part 51 were included
in the prior version of the DRR ICR, any collections associated with
ongoing monitoring are now covered by the part 58 ICR for ambient
monitoring. This information collection and the associated burden are
captured under the Ambient Air Quality Surveillance 40 CFR part 58 ICR
(OMB #2060-0084, EPA ICR# 0940.29). Ongoing collections have been
removed from the DRR ICR to avoid duplicative burden calculations.
    The prior renewal of this ICR estimated a maximum possible burden
of $5,100,000 annually for modeling sources. This ICR renewal,
estimating a range of $150,700 to $3,014,000 annually, reflects a
decrease in the maximum possible burden of $2,086,000 annually for
modeling sources. This decrease is due to the reduced number of listed
sources for which states chose to conduct air quality modeling to meet
their DRR requirements.

Courtney Kerwin,
Director, Collection Strategies Division.
[FR Doc. 2022-28281 Filed 12-27-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Proposed Rules]
[Page 54862]
[FR Doc No: 2012-21917]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 73

[Docket No. FDA-2012-C-0900]

GNT USA, Inc.; Filing of Color Additive Petition

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of petition.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that GNT
USA, Inc. (GNT) has filed a petition proposing that the color additive
regulations be amended to provide for the safe use of spirulina
concentrate, made from the edible blue-green cyanobacterium Arthrospira
platensis (also known as Spirulina platensis) as a color additive in
food.

FOR FURTHER INFORMATION CONTACT: Raphael A. Davy, Center for Food
Safety and Applied Nutrition (HFS-265), Food and Drug Administration,
5100 Paint Branch Pkwy., College Park, MD 20740-3835,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Under the Federal Food, Drug, and Cosmetic
Act (section 721(d)(1) (21 U.S.C. 379e(d)(1))), notice is given that a
color additive petition (CAP 2C0297) has been filed by GNT, c/o Hogan
Lovells US LLP, Columbia Square, 555 Thirteenth St. NW., Washington, DC
20004. The petition proposes to amend the color additive regulations in
21 CFR part 73, Listing of Color Additives Exempt From Certification to
provide for the safe use of spirulina concentrate made from the edible
blue-green cyanobacterium Arthrospira platensis (also known as
Spirulina platensis) as a color additive in food.
    The Agency has determined under 21 CFR 25.32(k) that this action is
of a type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.

    Dated: August 31, 2012.
Dennis M. Keefe,
Director, Office of Food Additive Safety, Center for Food Safety and
Applied Nutrition.
[FR Doc. 2012-21917 Filed 9-5-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 81, Number 216 (Tuesday, November 8, 2016)]
[Rules and Regulations]
[Pages 78507-78509]
[FR Doc No: 2016-26961]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0932]
RIN 1625-AA08

Special Local Regulation; Saint Andrew Bay; Panama City, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local
regulation on Saint Andrew Bay extending the entire width of the
channel from mile marker 285.0 to mile marker 289.0 on the Gulf
Intracoastal Waterway in Panama City, FL. The special local regulation
is needed to protect the persons participating in the Boat Parade of
Lights marine event. This rulemaking restricts transit into, through
and within the regulated area unless specifically authorized by the
Captain of the Port Mobile.

DATES: This rule is effective from 4 p.m. until 10 p.m. on December 10,
2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0932 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Fannie L. Wilks, Sector Mobile, Waterways Management
Division, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. At
this time, it would be impracticable to complete the full notice and
comment process because this special local regulation must be
established on December 10, 2016.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port Mobile (COTP) has determined that
potential hazards associated with the regatta event on December 10,
2016 will be a safety concern for anyone within the area of the Gulf
Intracoastal Waterway between mile marker 285.0 and mile marker 289.0.
This rule is needed to protect participants, spectators, and other
persons and vessels during the regatta on navigable waters.

IV. Discussion of the Rule

    This rule establishes a special local regulation on December 10,
2016, which will be enforced between the hours of 4 p.m. and 10 p.m.
The special local regulation takes place on the Gulf Intracoastal
Waterway between mile marker 285.0 and mile marker 289.0, extending the
entire width of the navigable channel. A similar special local
regulation is currently in the Code of Federal Regulations under 33 CFR
100.801, Table 7, number 15 as occurring ``1 Day; Saturday following
Thanksgiving.'' However, for the 2016 occurrence, the event sponsors
changed the date of the event to December 10, 2016. The duration of the
regulation is intended to protect participants, spectators, and other
persons and vessels before, during, and after the regatta. No vessel or
person will be permitted to enter, transit within or through, or exit
the regulated area without obtaining permission from the COTP or a
designated representative. Spectator vessels desiring to enter, transit
through or within, or exit the regulated area may request permission to
do so from the Patrol Commander. When permitted to transit the area
vessels must follow restrictions within the regulated area as directed
by the Coast Guard, and must operate at a minimum safe navigation speed
in a manner which will not endanger participants in the regulated area
or any other vessels.

V. Regulatory Analyses

    We developed this 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 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been

designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget.
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the regulation. The special
local regulation will take place on a four-mile stretch of navigable
waterway, during a short duration of four hours on the Gulf
Intracoastal Waterway from mile marker 285.0 to 289.0 on December 10,
2016, which is a time of year experiencing lower than normal traffic.
Moreover, the Coast Guard will issue Broadcast Notices to Mariners via
VHF-FM marine channel 16 about the regulation so that waterway users
may plan accordingly for transits during this restriction. The rule
also allows vessels to seek permission from the COTP Mobile or a
designated representative to enter the regulated area.

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 rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this 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
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will 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 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 rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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 rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969(42 U.S.C. 4321-4370f), and have determined 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
rule involves a special local regulation lasting for four hours on the
Gulf Intracoastal Waterway between mile marker 285.0 and mile marker
289.0. It is categorically excluded from further review under paragraph
34(h) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  100.35T08-0932 to read as follows:

Sec.  100.35T08-0932   Special Local Regulation; Saint Andrew Bay;
Panama City, FL.

    (a) Regulated area. All waters of the Gulf Intracoastal Waterway
between mile marker 285.0 and mile marker 289.0, Panama City, FL.
    (b) Period of enforcement. This rule will be enforced from 4 p.m.
until 10 p.m. on December 10, 2016.
    (c) Special local regulations. (1) Entry into, transit within or
through, or exit from this area is prohibited unless authorized by the
Captain of the Port Mobile (COTP) or the designated Patrol Commander.
The Coast Guard will

patrol the regulated area under the direction of a designated Coast
Guard Patrol Commander. The Patrol Commander may be contacted on
Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
    (2) All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the Captain of the Port (COTP) Mobile to patrol the regulated area.
    (3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the Patrol Commander and when so
directed by that officer will be operated at a minimum safe navigation
speed in a manner which will not endanger participants in the regulated
area or any other vessels.
    (4) No spectator vessel shall anchor, block, loiter, or impede the
through transit of participants or official patrol vessels in the
regulated area during the effective dates and times, unless cleared for
entry by or through an official patrol vessel.
    (5) The patrol commander may forbid and control the movement of all
vessels in the regulated area. When hailed or signaled by an official
patrol vessel, a vessel shall come to an immediate stop and comply with
the directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
    (6) Any spectator vessel may anchor outside the regulated area, but
may not anchor in, block, or loiter in a navigable channel. Spectator
vessels may be moored to a waterfront facility within the regulated
area in such a way that they shall not interfere with the progress of
the event. Such mooring must be complete at least 30 minutes prior to
the establishment of the regulated area and remain moored through the
duration of the event.
    (7) The Patrol Commander may terminate the event or the operation
of any vessel at any time it is deemed necessary for the protection of
life or property.
    (8) The Patrol Commander will terminate enforcement of the special
local regulations at the conclusion of the event.
    (d) Informational broadcasts. The COTP Mobile or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the regulated area as well as
any changes in the date and times of enforcement.

    Dated: October 14, 2016.
J.H. Snowden,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2016-26961 Filed 11-7-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: March 19, 2008 (Volume 73, Number 54)]
[Rules and Regulations]
[Page 14677-14679]
[DOCID:fr19mr08-11]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0162; Airspace Docket No. 08-AEA-15]

Establishment of Class E Airspace; Sunbury, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule, request for comments.

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SUMMARY: This action establishes Class E Airspace at Sunbury, PA to
support a new Area Navigation (RNAV) Global Positioning System (GPS)
Special Instrument Approach Procedure (IAP) that has been developed for
medical flight operations into the Sunbury Community Hospital Airport.
This action enhances the safety and management of Instrument Flight
Rule (IFR) operations by providing that required controlled airspace to
protect for this approach around Sunbury, PA.

DATES: Effective 0901 UTC, June 5, 2008. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments. Comments for
inclusion in the Rules Docket must be received on or before May 5,
2008.

ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building, Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001;
Telephone: 1-800-647-5527; Fax:<PHONE_NUMBER>. You must identify the
Docket Number FAA-2008-0162; Airspace Docket No. 08-AEA-1 5, at the
beginning of your comments. You may also submit and review received
comments through the Internet at http://www.regulations.gov.
    You may review the public docket containing the rule, any comments
received, and any final disposition in person in the Dockets Office
(see ADDRESSES section for address and phone number) between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
    An informal docket may also be examined during normal business
hours at the office of the Eastern Service Center, Federal Aviation
Administration, Room 210, 1701 Columbia Avenue, College Park, Georgia
30337.

FOR FURTHER INFORMATION CONTACT: Daryl Daniels, Airspace Specialist,
System Support Group, Eastern Service Center, Federal Aviation
Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404)
305-5581.

SUPPLEMENTARY INFORMATION:

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse
or negative comments, and, therefore, issues it as a direct final rule.
The FAA has determined that this rule only involves an established body
of technical regulations for which frequent and routine amendments are
necessary to keep them operationally current. Unless a written adverse
or negative comment or a written notice of intent to submit an adverse
or negative comment is received within the comment period, the
regulation will become effective on the date specified above. After the
close of the comment period, the FAA will publish a document in the
Federal Register indicating that no adverse or negative comments were
received and confirming the effective date. If the FAA receives, within
the comment period, an adverse or negative comment, or written notice
of intent to submit such a comment, a document withdrawing the direct
final rule will be published in the Federal Register, and a notice of
proposed rulemaking may be published with a new comment period.

Comments Invited

    Although this action is in the form of a direct final rule, and was
not preceded by a notice of proposed rulemaking, interested persons are
invited to comment on this rule by submitting such written data, views,
or arguments as they may desire. An electronic copy of this document
may be downloaded from and comments may be submitted and reviewed at
http://www.regulations.gov. Recently published rulemaking documents can
also be accessed through the FAA's web page at http://www.faa.gov or
the Federal Register's Web page at http://www.gpoaccess.gov/fr/
index.html. Communications should identify both docket numbers and be
submitted in triplicate to the address specified under the caption
ADDRESSES above or through the Web site. All communications received on
or before the closing date for comments will be considered, and this
rule may be amended or withdrawn in light of the comments received.
    Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. Factual information that supports
the commenter's ideas and suggestions is extremely helpful in
evaluating the effectiveness of this action and determining whether
additional rulemaking action would be needed. All comments submitted
will be available, both before and after the closing date for comments,
in the Rules Docket for examination by interested persons. Those
wishing the FAA to acknowledge receipt of their comments submitted in
response to this rule must submit a self-addressed, stamped postcard on
which the following statement is made: ``Comments to Docket No. FAA-
2008-0162; Airspace Docket No. 08-AEA-15.'' The postcard will be date
stamped and returned to the commenter.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class E airspace at Sunbury, PA, providing the
controlled airspace required to support the new Copter Area Navigation
(RNAV) Global Positioning System (GPS) 306 Point in Space (PinS)
approach developed for the Sunbury Community Hospital Airport. In
today's environment where speed of treatment for medical injuries is
imperative, landing sites have been developed for helicopter medical
Lifeguard flights or Lifeflights at the local hospitals. Controlled
airspace extending upward from 700 feet Above Ground Level (AGL) is
required for Instrument Flight Rules (IFR) operations and to encompass
all Instrument Approach Procedures (IAPs) to the extent practical,
therefore, the FAA is amending Title 14, Code of Federal Regulations
(14 CFR) part 71 to establish a 6-mile radius Class E5 airspace area
around the Point in Space Missed Approach Point (MAP), WUVPU Waypoint,
that serves the Sunbury Community Hospital Airport at Sunbury, PA.
Designations for Class E airspace areas extending upward from 700 feet
or more above the surface of the Earth are published in FAA Order
7400.9R, signed August 15, 2007, effective September 15, 2007, which is
incorporated by reference in 14 CFR part 71.1. The Class E designations
listed in this document will be published subsequently in the Order.

Agency Findings

    The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among various levels of government. Therefore, it is
determined that this final rule does not have federalism implications
under Executive Order 13132.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes controlled airspace near the Sunbury Community
Hospital Airport in Sunbury, PA.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment:

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9R, Airspace Designations and Reporting
Points, signed August 15, 2007, effective September 15, 2007, is
amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AEA PA E5 Sunbury, PA [New]

Sunbury Community Hospital Airport
    (Lat. 40[deg]51'42'' N., long. 76[deg]46'39'' W.)
WUVPU Waypoint
    (Lat. 40[deg]51'24'' N., long. 76[deg]45'55'' W.)

    That airspace extending upward from 700 feet above the surface
of the Earth within a 6-mile radius of the WUVPU Waypoint serving
the Sunbury Community Hospital Airport.
* * * * *

    Issued in College Park, Georgia, on February 25, 2008.
Mark D. Ward,
Manager, System Support Group, Eastern Service Center.
 [FR Doc. E8-5168 Filed 3-18-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 80, Number 6 (Friday, January 9, 2015)]
[Rules and Regulations]
[Pages 1338-1341]
[FR Doc No: 2015-00182]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0554]
RIN 1625-AA11

Regulated Navigation Area; Sarah Mildred Long Bridge Replacement,
Portsmouth, NH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The United States Coast Guard is establishing a Regulated
Navigation Area (RNA) on the navigable waters of the Piscataqua River
under and surrounding the Sarah Mildred Long Bridge between Portsmouth,
NH and Kittery, ME. This RNA will allow the United States Coast Guard
to enforce speed and wake restrictions and limit vessel traffic through
the RNA during bridge replacement operations, both planned and
unforeseen, which could pose an imminent hazard to persons and vessels
operating in the area. This rule is necessary to provide for the safety
of life on the navigable waters during bridge structural repair
operations.

DATES: This rule is effective from January 9, 2015 until May 31, 2019.
This rule has been enforced with actual notice since December 31, 2014.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2014-0554. To view documents
mentioned in this preamble as being available in the docket, go to
http://www.regulations.gov, type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this rulemaking. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Lieutenant Commander Myles Greenway, Waterways Management at First
Coast Guard District at<PHONE_NUMBER> or email at
<EMAIL_ADDRESS>or call Lieutenant Junior Grade David T.
Bourbeau, Waterways Management Division at Coast Guard Sector Northern
New England, at<PHONE_NUMBER> or email at<EMAIL_ADDRESS>If
you have questions on viewing or submitting

material to the docket, call Cheryl Collins, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
MEDOT Maine Department of Transportation
NHDOT New Hampshire Department of Transportation
NOAA National Oceanic and Atmospheric Administration
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum of 1983
RNA Regulated Navigation Area

A. Regulatory History and Information

    The MEDOT applied for a bridge construction permit with the Coast
Guard on August 15, 2013. The United States Coast Guard issued Public
Notice 1-137 on February 10, 2014, which was published on the United
States Coast Guard Navigation Center Web site and the First Coast Guard
District--Bridge Branch Web site, and solicited comments through March
12, 2014. Three comments were received in response to the public
notice: one comment was a statement of no objection and two comments
were in favor of the project.
    On August 25, 2014, we published a NPRM entitled Regulated
Navigation Area; Sarah Mildred Long Bridge Replacement, Portsmouth, NH
in the Federal Register (79 FR 50565). We received 2 comments on the
proposed rule. Those comments are discussed below.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The comment period for the Notice
of Proposed Rulemaking ended on September 24, 2014. There was
insufficient time to prepare and publish this Final Rule by November
30, 2014, which was thirty days before the start of bridge construction
and the need for the rule. Changing the bridge construction schedule to
accommodate the regulation is impractical and unnecessary because the
impact of this regulation on the waterway will be minimal.

B. Basis and Purpose

    Under the Ports and Waterways Safety Act, the Coast Guard has the
authority to establish RNAs in defined water areas that are determined
to have hazardous conditions and in which vessel traffic can be
regulated in the interest of safety. See 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; and Department of
Homeland Security Delegation No. 0170.1.
    MEDOT will replace the existing vertical lift bridge over the
Piscataqua River, which carries the U.S. Route 1 Bypass from
Portsmouth, NH, to Kittery, ME, with a hybrid vertical lift bridge on
an upstream alignment. The project is necessary to replace a
structurally and operationally deficient bridge that has exceeded its
useful life. In the normal vehicle use mode, the new vertical lift
bridge will provide a vertical clearance through the main channel of 56
feet above mean high water (MHW) in the closed position and 135 feet
above MHW in the open position, and a horizontal clearance of 250 feet
measured normal to the axis of the channel. When closed to normal
vehicle use (i.e. in rail use mode), the new bridge will provide a
vertical clearance through the main channel of 16 feet MHW.
    The construction of the new Sarah Mildred Long Bridge will involve
large machinery and construction vessel operations above and in the
navigable waters of the Piscataqua River. These operations, by their
nature, are hazardous and pose risks both to recreational and
commercial traffic as well as the construction crew. In order to
mitigate the inherent risks involved in the construction, it is
necessary to control vessel movement through the area.
    The purpose of this rule is to ensure the safe transit of vessels
in the area, and to protect all persons, vessels, construction crews,
and the marine environment during bridge construction operations on the
Piscataqua River between Portsmouth, NH and Kittery, ME.

C. Discussion of Comments, Changes and the Final Rule

    Two comments were received on Docket No. USCG-2014-0554. The first
comment questioned whether the waterway is ``navigable''. As per 33 CFR
2.36, the Piscataqua River is a U.S. navigable waterway. The second
comment questioned the specified latitude and longitude in the NPRM and
whether the coordinates are based on North American Datum of 1983 (NAD
83) horizontal datum. The comment suggested that if the latitude and
longitude coordinates are NAD 83 then it should be stated in the final
rule. Upon confirming this with NOAA, ``(NAD 83)'' was added to the
regulatory text.
    Construction operations are sensitive to water movement, and wake
from passing vessels could pose significant risk of injury or death to
construction workers. In order to minimize such unexpected or
uncontrolled movement of water, the RNA will limit vessel speed and
wake of all vessels operating in the vicinity of the bridge
construction zone. This will be achieved by implementing a five (5)
knot speed limit and ``NO WAKE'' zone in the vicinity of the
construction as well as providing a means to suspend all vessel traffic
for emergent situations that pose imminent threat to waterway users in
the area. The RNA will also protect vessels desiring to transit the
area by ensuring that vessels are only permitted to transit when it is
safe to do so.
    The Coast Guard has discussed this project at length with the NHDOT
and MEDOT to identify if the project can be completed without channel
closures and, if possible, what impact that would have on the project
timeline. Through these discussions, it became clear that while the
majority of construction activities during the span of this project
will not require waterway closures, there are certain tasks that can
only be completed in the channel and will require closing the waterway.
    The Coast Guard may close the RNA described in this rule to all
vessel traffic during any circumstance that poses an imminent threat to
waterway users operating in the area. Complete waterway closures will
be made with as much advanced notice as possible.
    Further, the speed limit of five (5) knots will be in effect at all
times within the RNA and all vessels must proceed through the area with
caution and operate in such a manner as to produce no wake unless a
higher minimum speed is necessary to maintain bare steerage. The Coast
Guard will rely on the methods described in 33 CFR 165.7 to notify the
public of the time and duration of any closure of the RNA.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and

Budget has not reviewed it under those Orders.
    We expect the economic impact of this rule to be minimal because
this regulated navigation area requires vessels to reduce speed through
600 yards of the Piscataqua River, causing only a minimal delay to a
vessel's transit. In addition, periods when the regulated navigation
area is closed to all traffic are expected to be short in duration, and
we will provide advance notice of such closures so that the boating
public can plan transits accordingly. Such notifications will be made
to local mariners through appropriate means, such as Local Notice to
Mariners and Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule would affect the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit or anchor in the regulated navigation area while it is being
enforced. This rule will not have a significant economic impact on a
substantial number of small entities for all of the reasons discussed
in the Regulatory Planning and Review section.

3. Assistance for Small Entities

    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 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
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    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 rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.

7. 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 rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b) (2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and will not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it will 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.

12. Energy Effects

    This rule is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
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 rule involves the establishment of an RNA and thus,
is categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES.

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 amends
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:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T01-0554 to read as follows:

Sec.  165.T01-0554  Regulated Navigation Area; Sarah Mildred Long
Bridge Replacement, Portsmouth, NH.

    (a) Location. The following area is a Regulated Navigation Area
(RNA): All navigable waters of the Piscataqua River between Portsmouth,
NH and Kittery, ME, from surface to bottom, within a 300 yard radius of
position 43[deg]05'10'' N, 070[deg]45'38'' W (NAD 83), center point of
the existing Sarah Mildred Long Bridge.
    (b) Regulations. (1) The general regulations contained in
Sec. Sec.  165.10, 165.11, and 165.13 apply within the RNA.
    (2) Any vessel transiting through the RNA must make a direct
passage. No vessel may stop, moor, anchor or loiter within the RNA at
any time unless they are working on the bridge construction. Movement
within the RNA is subject to a ``Slow-No Wake'' speed limit. All
vessels may not produce a wake and may not attain speeds greater than
five (5) knots unless a higher minimum speed is necessary to maintain
bare steerageway.
    (3) There may be times that the First District Commander or the
Captain of the Port (COTP) finds it necessary to close the RNA to
vessel traffic. All closures will be limited to specific hours of the
day. Mariners will be advised of all closure dates and times via Local
Notice to Mariners and Broadcast Notice to Mariners in advance of
closure times. During times of limited closure, persons and vessels may
request permission to enter the RNA by contacting the COTP or the
COTP's on-scene representative on VHF-16 or via phone at<PHONE_NUMBER>.
    (4) Any vessels transiting in the RNA must comply with all
directions given to them by the COTP or the COTP's on-scene
representative. The ``on-scene representative'' of the COTP is any
Coast Guard commissioned, warrant or petty officer who has been
designated by the COTP to act on the COTP's behalf. The on-scene
representative may be on a Coast Guard vessel; or other designated
craft; or on shore and communicating with vessels via VHF-FM radio or
loudhailer. Members of the Coast Guard Auxiliary may be present to
inform vessel operators of this regulation.
    (5) All other relevant regulations, including but not limited to
the Rules of the Road, as codified in 33 CFR subchapter E, Inland
Navigational Rules, remain in effect within the RNA and must be
strictly followed at all times.
    (c) Enforcement period. This regulation is enforceable 24 hours a
day from 12:01 a.m. on December 31, 2014 until 11:59 p.m. on May 31,
2019.
    (d) Notification. The Coast Guard will rely on the methods
described in Sec.  165.7 to notify the public of the time and duration
of any closure of the RNA. Violations of this RNA may be reported to
the COTP at<PHONE_NUMBER> or on VHF-Channel 16.

    Dated: December 22, 2014.
L.L. Fagan,
Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2015-00182 Filed 1-8-15; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: January 29, 2009 (Volume 74, Number 18)]
[Notices]
[Page 5197-5199]
[DOCID:fr29ja09-105]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59291; File No. SR-NASDAQ-2009-002]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify the Compliance Period Applicable to Companies That Fail To Meet
the Market Value of Listed Securities Requirement

January 23, 2009.
    Pursuant to 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 January 13, 2009, The NASDAQ Stock Market LLC (``Nasdaq'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by Nasdaq. Nasdaq has designated the proposed rule
change as effecting a change described under Rule 19b-4(f)(6) under the
Act,\3\ which renders the proposal effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq proposes to modify the compliance period applicable to
listed companies that fail to meet the market value of listed
securities requirement.
    The text of the proposed rule change is below. Proposed new
language is italicized; proposed deletions are in [brackets].\4\
---------------------------------------------------------------------------

    \4\ Changes are marked to the rule text that appears in the
electronic manual of Nasdaq found at http://
nasdaqomx.cchwallstreet.com.
---------------------------------------------------------------------------

4310. Listing Requirements for Domestic and Canadian Securities.

    To qualify for listing in Nasdaq, a security of a domestic or
Canadian issuer shall satisfy all applicable requirements contained in
paragraphs (a), (b), and (c) hereof. Issuers that meet these
requirements, but that are not listed on the Nasdaq Global Market, are
listed on the Nasdaq Capital Market.
    (a)-(b) No change
    (c) In addition to the requirements contained in paragraph (a) and
(b) above, and unless otherwise indicated, a security shall satisfy the
following criteria for listing on Nasdaq:
    (1)-(7) No change.
    (8) (A)-(B) No change.
    (C) A failure to meet the continued listing requirement for market
value of listed securities shall be determined to exist only if the
deficiency continues for a period of 10 consecutive business days. Upon
such failure, the issuer shall be notified promptly and shall have a
period of [30] 90 calendar days from such notification to achieve
compliance. Compliance can be achieved by meeting the applicable
standard for a minimum of 10 consecutive business days during the [30]
90 day compliance period.
    (D)-(E) No change.
    (9)-(30) No change.
    (d) No change.

4320. Listing Requirements for Non-Canadian Foreign Securities and
American Depositary Receipts.

    To qualify for listing on Nasdaq, a security of a non-Canadian
foreign issuer, an American Depositary Receipt (ADR) or similar
security issued in respect of a security of a foreign issuer shall
satisfy the requirements of paragraphs (a), (b), and (e) of this Rule.
Issuers that meet these requirements, but that are not listed on the
Nasdaq Global Market, are listed on the Nasdaq Capital Market.
    (a)-(d) No change.
    (e) In addition to the requirements contained in paragraphs (a) and
(b), the security shall satisfy the criteria set out in this subsection
for listing on Nasdaq. In the case of ADRs, the underlying security
will be considered when determining the ADR's qualification for initial
or continued listing on Nasdaq.
    (1) No change.
    (2) (A)-(C) No change.
    (D) A failure to meet the continued listing requirements for market
value of listed securities shall be determined to exist only if the
deficiency continues for a period of 10 consecutive business days. Upon
such failure, the issuer shall be notified promptly and shall have a
period of [30] 90 calendar days from such notification to achieve
compliance with the applicable continued listing standard. Compliance
can be achieved by meeting the applicable standard for a minimum of 10
consecutive business days during the [30] 90 day compliance period.
    (E) No change.
    (3)-(26) No change.
    (f) No change.
* * * * *

4450. Quantitative Maintenance Criteria.

    After listing as a Nasdaq Global Market security, a security must
substantially meet the criteria set forth in paragraphs (a) or (b), and
(c), (d), (e) (f), (g), (h) or (i) below to continue to remain listed
on the Nasdaq Global Market. A security maintaining its listing under
paragraph (b) need not also be in compliance with the quantitative
maintenance criteria in the Rule 4300 series.
    (a)-(d) No change.
    (e) Compliance Periods
    (1)-(3) No change.
    (4) A failure to meet the continued listing requirements for market
[capitalization] value of listed securities shall be determined to
exist only if the deficiency continues for a period of 10 consecutive
business days. Upon such failure, the issuer shall be notified promptly
and shall have a period of [30] 90 calendar days from such notification
to achieve compliance with the applicable continued listing standard.
Compliance can be achieved by meeting the applicable standard for a
minimum of 10 consecutive business days during the [30] 90 day
compliance period.
    (f)-(i) No change.
* * * * *

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

    In its filing with the Commission, Nasdaq 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. Nasdaq 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
    Nasdaq proposes to modify the procedures applicable to listed
companies that fail to meet the market value of listed securities
requirement. A company fails to meet the continued listing requirement
for market value of listed securities if the market value of listed
securities is below the applicable threshold for a period of 10
consecutive business days.\5\ Upon such a failure, the company is
currently provided a ``compliance period'' of 30 calendar days to
achieve compliance. Compliance is achieved by meeting the requirement
for a minimum of 10

consecutive business days during the 30 day compliance period.
---------------------------------------------------------------------------

    \5\ See Rules 4310(c)(8)(C), 4320(e)(2)(D) and 4450(e)(4).
---------------------------------------------------------------------------

    Nasdaq has come to believe that the 30 day compliance period
afforded by the existing rules is too short a period, especially during
periods of market turmoil. Further, while companies are only allowed a
30 day period to regain compliance with the market value of listed
securities requirement, they are allowed a 90 day compliance period to
regain compliance with the requirement for market value of publicly
held securities,\6\ which is a subset of all listed securities.\7\ As
such, Nasdaq proposes to modify the compliance period applicable to a
company that fails to meet the market value of listed securities
requirement to extend the compliance period from 30 days to 90 days,
making it the same as the compliance period for the market value of
publicly held securities requirement.\8\
---------------------------------------------------------------------------

    \6\ See Rules 4310(c)(8)(B) and 4450(e)(1).
    \7\ Nasdaq also notes that the market value of listed securities
requirement operates as an alternative to other listing
requirements. See Rules 4310(c)(3), 4320(e)(2)(B), 4350(a) and
4350(b). However, while a company that previously qualified under
any of the alternative listing requirements is permitted by Rule
4803(a)(1)(A) to provide Nasdaq staff with a plan to regain
compliance and could receive a staff exception of up to 105 calendar
days, a company that qualified under the market value of listed
securities requirement is only permitted 30 calendar days to regain
compliance if it becomes deficient.
    \8\ The company could also regain compliance by meeting one of
the alternative listing requirements. For example, a company that
fails to meet the market value of listed securities requirement
could raise enough equity during the 90 day compliance period to
meet the applicable equity requirement.
---------------------------------------------------------------------------

    Nasdaq proposes that any company that previously received a
delisting notification for failing to meet the market value of listed
securities requirement would continue to be subject to delisting for
that reason, unless a Hearings Panel grants the company an exception
pursuant to Rule 4802(b)(2). A company that has not yet received a
delisting notification from Nasdaq staff would have its compliance
period extended to 90 calendar days from the date it was notified of
the original deficiency. Thus, for example, if 25 days had elapsed
since the company was notified of its 30-day compliance period under
the old rule, the company would have an additional 65 days (including
the five days remaining in the original compliance period), for a total
compliance period of 90 days from the original notification.\9\
---------------------------------------------------------------------------

    \9\ Nasdaq also proposes to correct a reference in Rule
4450(e)(4) that currently refers to ``market capitalization'' to
instead refer to ``market value of listed securities.'' Nasdaq
inadvertently failed to change this reference when it changed the
description of the underlying initial and continued listing
requirement. See Securities Exchange Act Release No. 45283 (January
15, 2002), 67 FR 3520 (January 24, 2002) (approving SR-NASD-2001-
84).
---------------------------------------------------------------------------

2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\10\ in general and with Section
6(b)(5) of the Act,\11\ 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 mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. The proposed rule change
would modify Nasdaq's treatment of non-compliance with the market value
of listed securities requirement in order to help allow companies
sufficient time to cure a deficiency, especially during turbulent
market environments, thereby protecting investors, facilitating
transactions in securities, and removing an impediment to a free and
open market.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    Because the proposed rule change: (i) Does not significantly affect
the protection of investors or the public interest; (ii) does not
impose any significant burden on competition; and (iii) does not become
operative for 30 days after the date of the filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest, the proposed rule change has
become effective pursuant to Section 19(b)(3)(A) of the Act \12\ and
Rule 19b-4(f)(6) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). Pursuant to Rule 19b-4(f)(6)(iii)
under the Act, the Exchange is required to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has requested that the Commission waive the 5-day pre-
filing notice requirement. The Commission has determined to waive
this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \14\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \15\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has requested that the Commission waive the 30-day operative delay.
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because the proposed rule change will conform the length of the
compliance period for a failure to meet the continued listing
requirement for market value of listed securities with the current
compliance period for a failure to meet the continued listing
requirement for market value of publicly held shares. Because the
publicly held shares listing requirement is merely a subset of the
market value of listed securities requirement, the Commission believes
that allowing companies that are deficient in the market value of
listed securities requirement the same maximum time of 90 days that is
currently available to cure a market value of publicly held securities
deficiency raises no new regulatory issues. In addition, the Commission
believes that waiving the 30-day operative delay will allow Nasdaq to
immediately afford companies that may be deficient in the market value
of listed securities requirement due to recent market volatility and
conditions an additional 60 days to regain compliance.\16\ For these
reasons, the Commission designates that the proposed rule change become
operative immediately upon filing.\17\
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    \16\ See discussion supra regarding companies already in a
compliance period and companies that have already received a
delisting notification.
    \17\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors,

or otherwise in furtherance of the purposes of the Act.

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2009-002 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2009-002. This
file number should be included on the subject line if e-mail 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 Web site (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 inspection
and copying in the Commission's Public Reference Room, on official
business days between the hours of 10 a.m. and 3 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; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NASDAQ-2009-002 and should be submitted on or before
February 19, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-1943 Filed 1-28-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)]
[Proposed Rules]
[Pages 4013-4015]
[FR Doc No: 2018-01631]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR 165

[Docket Number USCG-2017-1068]
RIN 1625-AA00

Safety Zone; Lower Mississippi River, New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for all navigable waters on the Lower Mississippi River above Head of
Passes between Mile Marker (MM) 95.0 and MM 96.0. This safety zone is
necessary to protect persons and vessels from potential safety hazards
associated with a fireworks display on April 14, 2018. This proposed
rulemaking would prohibit persons and vessels from entering the safety
zone unless authorized by the Captain of the Port Sector New Orleans 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 February 28, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-1068 using the Federal eRulemaking Portal at http://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 Lieutenant Commander (LCDR) Howard
Vacco, Sector New Orleans, US Coast Guard at<PHONE_NUMBER> or
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

AHP Above Head of Passes
BNM Broadcast Notice of Mariners
CFR Code of Federal Regulations
COTP Captain of the Port Sector New Orleans
DHS Department of Homeland Security
FR Federal Register
LMR Lower Mississippi River
MM Mile Marker
MSIB Marine Safety Information Bulletin
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On March 14, 2017, the 2018 NOLA Foundation notified the Coast
Guard that it would be conducting a fireworks display from 8 p.m. to
8:20 p.m. on April 14, 2018, to commemorate the tri-centennial
anniversary of the French Quarter Fest. The fireworks are to be
launched from a barge in the Mississippi River approximately located at
mile marker (MM) 95.5 Above Head of Passes (AHP). Hazards from firework
displays include accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris. The Captain of the
Port Sector New Orleans (COTP) has determined that potential hazards
associated with the fireworks would be a safety concern for anyone
within a one-mile length of the river.
    The purpose of this rulemaking is to ensure the safety of vessels
on the navigable waters within a one-mile range of the fireworks barge
before, during, and after the scheduled event. The Coast Guard proposes
this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 7:30 p.m. to 9
p.m. on April 14, 2018. The safety zone would cover all navigable
waters of the Lower Mississippi River between MM 95 and 96AHP. The
duration of the zone is intended to ensure the safety of vessels and
these navigable waters before, during, and after the scheduled
fireworks display. No vessel or person would be permitted to enter the
safety

zone without obtaining permission from the COTP or a designated
representative. A designated representative is a commissioned, warrant,
or petty officer of the U.S. Coast Guard assigned to units under the
operational control of USCG Sector New Orleans. They may be contacted
on VHF-FM Channel 16 or 67. Persons and vessels permitted to enter
these safety zones must transit at their slowest safe speed and comply
with all lawful directions issued by the COTP or the 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 and short
duration of the waterway closure, which will remain in effect for one
and one half hours on a one mile section of the waterway. In addition,
vessel traffic seeking to transit the area may seek permission from the
COTP or his designated representative to do so.

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 contact 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 contact 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, which guides 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 a safety zone lasting an hour and a half that would prohibit
entry within a one mile section of the Lower Mississippi River.
Normally such actions are categorically excluded from further review
under paragraph L60(a) and L63(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES. 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 contact 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 http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact 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 http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://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 proposes
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:  33 U.S.C. 1231; 50 U.S.C. 191; 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.T08-1068 to read as follows:

Sec.  165.T08-1068  Safety Zones; Lower Mississippi River, New Orleans,
LA.

    (a) Safety zones. The following area is a safety zone:
    (1) NOLA Tricentennial French Quarter Fest, New Orleans, LA--(i)
Location. All navigable waters of the Lower Mississippi River between
mile marker (MM) 95 and MM 96, above Head of Passes.
    (ii) Effective period. This section is effective from 7:30 p.m.
through 9 p.m. on April 14, 2018.
    (2) [Reserved]
    (b) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
specifically authorized by the Captain of the Port Sector New Orleans
(COTP) or designated representative. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector New
Orleans.
    (2) Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 16 or 67.
    (3) Persons and vessels permitted to enter this safety zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
    (c) Information broadcasts. The COTP or a designated representative
will inform the public through Broadcast Notices to Mariners of any
changes in the planned schedule.

    Dated: January 22, 2018.
Wayne R. Arguin,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2018-01631 Filed 1-26-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 60 (Wednesday, March 28, 2012)]
[Rules and Regulations]
[Page 18688]
[FR Doc No: 2012-7388]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0199]
RIN 1625-AA00

Safety Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the Navy Pier Southeast Safety
Zone in Chicago Harbor during various periods from May 19, 2012 through
June 30, 2012. This action is necessary and intended to ensure safety
of life on the navigable waters of the United States immediately prior
to, during, and immediately after fireworks events. Enforcement of this
safety zone will establish restrictions upon, and control movement of,
vessels in a specified area immediately prior to, during, and
immediately after various fireworks events. During the enforcement
period, no person or vessel may enter the safety zones without
permission of the Captain of the Port, Sector Lake Michigan.

DATES: The regulations in 33 CFR 165.931 will be enforced at various
times between 9 p.m. on May 19, 2012 through 10:30 p.m. on June 30,
2012.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email MST2 Rebecca Stone, Prevention Department, Coast Guard
Sector Lake Michigan, Milwaukee, WI at<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety
Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL listed in 33 CFR
165.931 for the following events:
    (1) Navy Pier Fireworks; on May 19, 2012 from 9 p.m. through 11
p.m.; on May 26, 2012 from 10 p.m. through 10:30 p.m.; on May 30, 2012
from 9:15 p.m. through 9:45 p.m.; on June 2, 2012 from 10 p.m. through
10:30 p.m.; on June 6, 2012 from 9:15 p.m. through 9:45 p.m.; on June
9, 2012 from 10 p.m. through 10:30 p.m.; on June 13, 2012 from 9:15
p.m. through 9:45 p.m.; on June 16, 2012 from 10 p.m. through 10:30
p.m.; on June 20, 2012 from 9:15 p.m. through 9:45 p.m.; on June 23,
2012 from 10 p.m. through 10:30 p.m.; on June 27, 2012 from 9:15 p.m.
through 9:45 p.m.; and on June 30, 2012 from 10:00 through 10:30.
    All vessels must obtain permission from the Captain of the Port,
Sector Lake Michigan, or his or her on-scene representative to enter,
move within or exit the safety zone. Vessels and persons granted
permission to enter the safety zone shall obey all lawful orders or
directions of the Captain of the Port, Sector Lake Michigan, or his or
her on-scene representative. While within a safety zone, all vessels
shall operate at the minimum speed necessary to maintain a safe course.
    This notice is issued under authority of 33 CFR 165.931 and 5
U.S.C. 552 (a). In addition to this notice in the Federal Register, the
Coast Guard will provide the maritime community with advance
notification of these enforcement periods via broadcast Notice to
Mariners or Local Notice to Mariners. The Captain of the Port, Sector
Lake Michigan, will issue a Broadcast Notice to Mariners notifying the
public when enforcement of the safety zone established by this section
is suspended. If the Captain of the Port, Sector Lake Michigan,
determines that the safety zone need not be enforced for the full
duration stated in this notice, he or she may use a Broadcast Notice to
Mariners to grant general permission to enter the safety zone. The
Captain of the Port, Sector Lake Michigan, or his or her on-scene
representative may be contacted via VHF Channel 16.

    Dated: March 14, 2012.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2012-7388 Filed 3-27-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Notices]
[Pages 64519-64520]
[FR Doc No: 2016-22541]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE.,Washington, DC
20549-2736.

Extension:
    Form S-8; SEC File No. 270-66, OMB Control No. 3235-0066.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget this request for extension of the previously approved
collection of information discussed below.
    Form S-8 (17 CFR 239.16b) under the Securities Act of 1933 (15
U.S.C. 77a et seq.) is the primary registration statement used by
eligible registrants to

register securities to be issued in connection with an employee benefit
plan. Form S-8 provides verification of compliance with securities law
requirements and assures the public availability and dissemination of
such information. The likely respondents will be companies. The
information must be filed with the Commission on occasion. Form S-8 is
a public document. All information provided is mandatory. We estimate
that Form S-8 takes approximately 24 hours per response to prepare and
is filed by approximately 2,140 respondents. In addition, we estimate
that 50% of the preparation time (12 hours) is completed in-house by
the filer for a total annual reporting burden of 25,680 hours (12 hours
per response x 2,140 responses)
    An agency may conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid control number.
    The public may view the background documentation for this
information collection at the following Web site, www.reginfo.gov .
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to:
<EMAIL_ADDRESS>and (ii) Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email
to<EMAIL_ADDRESS>Comments must be submitted to OMB within 30
days of this notice.

    Dated: September 13, 2016.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-22541 Filed 9-19-16; 8:45 am]
 BILLING CODE 8011-01-P