[Federal Register Volume 82, Number 90 (Thursday, May 11, 2017)]
[Notices]
[Pages 21991-21992]
[FR Doc No: 2017-09560]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2003-0004; FRL-9959-88]

Access to Confidential Business Information by Versar, Inc. and
Its Identified Subcontractors

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has authorized its contractor and subcontractors, Versar,
Inc. of Springfield, VA; Abt Associates of Bethesda, MD; Brown Glove
Consulting Group of Fairfax, VA; EnDyna, Inc. of McLean, VA; Essential
Software, Inc. of Potomac, MD; Syracuse Research Corporation of North
Syracuse, NY; and Wilkes Technologies, Inc. of Bethesda, MD, to access
information which has been submitted to EPA under all sections of the
Toxic Substances Control Act (TSCA). Some of the information may be
claimed or determined to be Confidential Business Information (CBI).

DATES: Access to the confidential data occurred on or about February
15, 2017.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Scott M. Sherlock, Environmental Assistance

Division (7408M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. This action may,
however, be of interest to all who manufacture, process, or distribute
industrial chemicals. Since other entities may also be interested, the
Agency has not attempted to describe all the specific entities that may
be affected by this action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPPT-2003-0004 is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics
Docket (OPPT Docket), Environmental Protection Agency Docket Center
(EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

II. What action is the agency taking?

    Under EPA contract number EP-W-17-006, contractor and
subcontractors Versar, Inc. of 6850 Versar Center, Springfield, VA; Abt
Associates of 4550 Montgomery Avenue, Suite 800 North, Bethesda, MD;
Brown Glove Consulting Group of 4618 Carisbrooke Lane, Fairfax, VA;
EnDyna, Inc. of 7926 Jones Branch Drive, Suite 620, McLean, VA;
Essential Software Inc. of 9024 Mistwood Drive, Potomac, MD; Syracuse
Research Corporation of 7502 Round Pond Road, North Syracuse, NY; and
Wilkes Technologies, Inc. of 10126 Parkwood Terrace, Bethesda, MD are
assisting the Office of Pollution Prevention and Toxics (OPPT) in
preparing assessments of EPA's new and existing chemical review
programs. They will also review TSCA CBI environmental data submitted
to EPA.
    In accordance with 40 CFR 2.306(j), EPA has determined that under
EPA contract number EP-W-17-006, Versar and its subcontractors required
access to CBI submitted to EPA under all sections of TSCA to perform
successfully the duties specified under the contract. Versar and its
subcontractors' personnel were given access to information submitted to
EPA under all sections of TSCA. Some of the information may be claimed
or determined to be CBI.
    EPA is issuing this notice to inform all submitters of information
under all sections of TSCA that EPA has provided Verar and its
subcontractors access to these CBI materials on a need-to-know basis
only. All access to TSCA CBI under this contract is taking place at EPA
Headquarters and Versar's site located in Springfield, Virginia, in
accordance with EPA's TSCA CBI Protection Manual.
    Access to TSCA data, including CBI, will continue until November 3,
2021. If the contract is extended, this access will also continue for
the duration of the extended contract without further notice.
    Versar and its subcontractors' personnel have signed nondisclosure
agreements and were briefed on appropriate security procedures before
they were permitted access to TSCA CBI.

    Authority: 15 U.S.C. 2601 et seq.

    Dated: March 6, 2017.
Pamela Myrick,
Director, Information Management Division, Office of Pollution
Prevention and Toxics.
[FR Doc. 2017-09560 Filed 5-10-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: February 23, 2007 (Volume 72, Number 36)]
[Notices]
[Page 8233-8234]
[DOCID:fr23fe07-106]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55299; File No. SR-NYSE-2007-01]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change to Amend Listing and Annual
Fees Applicable to Investment Company Units, Currency Trust Shares,
Commodity Trust Shares and streetTRACKS[supreg] Gold Shares

February 15, 2007.
    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 24, 2007, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule changes as described in Items I, II
and III below, which Items have been substantially prepared by the
NYSE. The Commission is publishing this notice to solicit comments on
the proposed rule changes from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Changes

    The Exchange proposes to amend initial listing fees and annual fees
applicable to Investment Company Units (``ICUs''), Currency Trust
Shares, Commodity Trust Shares and streetTRACKS[supreg] Gold Shares in
Section 902.07 of the NYSE Listed Company Manual (``Manual''), and to
make conforming amendments to Sections 902.02 and 902.03 of the Manual.
The text of the proposed rule change is available at the Commission's
Public Reference Room, at the NYSE, and at its Web site: http://www.nyse.com/Frameset.html?displayPage=http://apps.nyse.com/commdata/http://apps.nyse.com/commdata/

log&to=http://apps.nyse.com/commdata/
">http://apps.nyse.com/commdata/mmdata/">http://apps.nyse.com/commdata/
">http://apps.nyse.com/commdata/

yse.com/commdata/

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

    In filings with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments received on the proposed rule change. The text
of these statements may be examined at the places specified in Item IV
below. The NYSE 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
    The Exchange proposes to amend the Listing Fees and Annual Fees in
Section 902.07 of the Manual applicable to Investment Company Units
listed under Section 703.16, and to apply such fees to Currency Trust
Shares as defined in Exchange Rule 1300A, Commodity Trust Shares as
defined in Exchange Rule 1300B, and streetTRACKS[supreg] Gold Shares as
defined in Exchange Rule 1300. The Exchange also proposes to make
conforming amendments to Sections 902.02 (General Information on Fees)
and 902.03 (Fees for Listed Equity Securities) of the Manual.

Listing Fees

    The Exchange currently imposes a flat Original Listing Fee of
$5,000 in connection with listing a series of Investment Company Units.
The Exchange proposes to amend Section 902.07 to specify that a $5,000
Listing Fee will also be imposed in connection with the initial listing
of each issue of Currency Trust Shares as defined in NYSE Rule 1300A
and Commodity Trust Shares as defined in NYSE Rule 1300B. In addition,
the proposed amendment reflects the $5,000 Listing Fee applicable to
the currently-listed streetTRACKS[supreg] Gold Trust.\3\ The Exchange
has previously specified in its filings pursuant to Rule 19b-4 \4\
under the Act with respect to Currency Trust Shares and Commodity Trust
Shares that a $5,000 initial listing fee applies,\5\ and the Exchange
believes it is appropriate to include such fee in the Exchange's
Listing Fee schedule in Section 902.07.
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    \3\ The Commission approved Exchange listing of
streetTRACKS[supreg] Gold Shares in Securities Exchange Act Release
No. 50603 (October 28, 2004), 69 FR 64614 (November 5, 2004) (SR-
NYSE-2004-22). The Exchange indicated in such filing that the
listing fee for the streetTRACKS[supreg] Gold Trust was $5,000.
    \4\ 17 CFR 240.19b-4.
    \5\ See, e.g., Securities Exchange Act Release No. 54020 (June
20, 2006), 71 FR 36579 (June 27, 2006) (SR-NYSE-2006-35) (Listing of
Six CurrencyShares Trusts).
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Annual Fees

    The Exchange currently imposes a flat Annual Fee of $2,000 for each
series of ICUs listed on the Exchange. The Exchange has previously
specified in its filings pursuant to Rule 19b-4 with respect to
streetTRACKS[supreg] Gold Shares, Currency Trust Shares and Commodity
Trust Shares that a $2,000 annual fee applies,\6\ and the Exchange
believes it is appropriate to include the Annual Fee, as proposed to be
amended, in the Exchange's Listing Fee schedule in Section 902.07.
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    \6\ Id.
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    The proposed Annual Fee will be tiered based on the number of
shares outstanding of each issue of ICUs, Currency Trust Shares or
Commodity Trust Shares, and to streetTRACKS[supreg] Gold Shares as
follows:

------------------------------------------------------------------------
         Number of Shares Outstanding (each issue)            Annual Fee
------------------------------------------------------------------------
Less than 25 million.......................................       $2,000
25 million up to 50 million................................        4,000
50 million up to 99,999,999................................        8,000
100 million up to 249,999,999..............................       15,000
250 million up to 499,999,999..............................       20,000
500 million and over.......................................       25,000
------------------------------------------------------------------------

    The Annual Fee will be billed each calendar quarter and will be
apportioned based on the number of shares outstanding for an issue at
the end of the preceding calendar quarter, as described below.

    The Listing Fee schedule for ICUs is not being changed as to
amount, but would be amended to include application of the $5,000
Listing Fee to specified securities other than ICUs. The revised Annual
Fee will be billed quarterly in arrears effective as of January 1,
2007. As such, billing for the first calendar quarter of 2007 will be
based on the number of shares outstanding for an issue on March 30,
2007. For example, for an issue with 45 million shares outstanding on
March 30, 2007, the Annual Fee payable for the quarter would be $1,000
($4,000 Annual Fee divided by 4). If, at the end of the second calendar
quarter of 2007, the number of shares outstanding for such issue
increased to 55 million, the Annual Fee payable for such quarter would
be $2,000 ($8,000 Annual Fee divided by 4). The Exchange believes it is
appropriate to apply the revised Annual Fees to issuers of the
specified securities as of January 1, 2007 to permit the Exchange to
apply the fee in the same manner to all such issuers, including those
listed on the Exchange in the first quarter of 2007.
    The Exchange further proposes to amend Section 902.02 of the Manual
(General Information on Fees) to specify: (1) That the fees set forth
in Section 902 are also applicable to ICUs, streetTRACKS[supreg] Gold
Shares, Currency Trust Shares and Commodity Trust Shares; (2) that
Listing Fees are based on the number of shares issued and outstanding,
with the exception of ICUs, streetTRACKS[supreg] Gold Shares, Currency
Trust Shares, and Commodity Trust Shares; (3) that Annual Fees are
calculated on a per share basis, with the exception of ICUs,
streetTRACKS[supreg] Gold Shares, Currency Trust Shares, and Commodity
Trust Shares; and (4) that the $500,000 per year fee cap in Section
902.02 does not apply to ICUs, streetTRACKS[supreg] Gold Shares,
Currency Trust Shares, and Commodity Trust Shares. Section 902.03 of
the Manual (Fees for Listed Equity Securities) is proposed to be
amended to specify that such section does not apply to
streetTRACKS[supreg] Gold Shares, Currency Trust Shares, and Commodity
Trust Shares (in addition to ICUs, closed-end funds, structured
products, and short-term securities.)
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(4) of the Act \7\ that an exchange have
rules that provide for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities.
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    \7\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form at http://www.sec.gov/rules/sro.shtml.
; or     Send an e-mail to<EMAIL_ADDRESS>Please include

File No. SR-NYSE-2007-01 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-NYSE-2007-01. 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 at 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, 100 F Street, NE.,
Washington, DC 20549. Copies of such 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 No. SR-NYSE-2007-01 and should be
submitted on or before March 16, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-3066 Filed 2-22-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 158 (Thursday, August 19, 2021)]
[Rules and Regulations]
[Pages 46603-46605]
[FR Doc No: 2021-17751]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0549]
RIN 1625-AA00

Safety Zone; New York Upper Bay, Pierhead Channel, and Port
Jersey Channel, Bayonne, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of New York Upper Bay, Pierhead Channel, and Port
Jersey Channel within 100 yards of the Bayonne Peninsula bulkhead. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by two building demolitions
on shore. When enforced, entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port of
New York or a designated representative.

DATES: This rule is effective without actual notice from August 19,
2021, through October 31, 2021. For the purposes of enforcement, actual
notice will be used from August 8, 2021 through August 19, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0549 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Jaison Kurian, 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
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 immediate action is needed to
safeguard the public. Two brick and concrete rebar reinforced buildings
(Numbers 32 and 42), six and one-half stories tall and located along
the south shore of the Bayonne Peninsula are being demolished using
land based explosives and immediate action is needed to respond to the
potential safety hazards associated with this activity. It is
impracticable to publish an NPRM because we must establish this safety
zone by August 8, 2021. This rule is enforceable through October 31,
2021 as a contingency for any unforeseen delays or revisions to the
building demolitions.
    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. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to protect the public from the potential safety hazards
associated with this activity.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C 1231). The Captain of the Port New York
(COTP) has determined that potential hazards associated with explosives
demolition of two buildings on August 8, 2021, will be a safety concern
for anyone within the waters of New York Upper Bay, Pierhead Channel,
and Port Jersey Channel within 100 yards of the Bayonne Peninsula, New
Jersey bulkhead. The rule is needed to protect personnel, vessels, and
the marine environment in the navigable waters within the safety zone
while the two buildings are being demolished.

IV. Discussion of the Rule

    This rule establishes a safety zone from August 8 through October
31, 2021. The safety zone will cover all navigable waters within 100
yards of the Bayonne Peninsula, New Jersey. The zone will only be
enforced during explosives loading and demolition of two onshore
bulidings tentatively scheduled from 6:00 a.m. to 11:00 a.m. on Sunday,
August 8, 2021. The duration of the zone is intended to protect
personnel, vessels, and the marine environment in these navigable
waters while the explosives are being loaded into the two buildings and
the two buildings are being demolished. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.

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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, time of-day on a Sunday morning, and the duration of
enforcement of the safety zone. The Port Authority of NY/NJ, demolition
contractor, and the owner of the two buildings have coordinated the
building demolitions with berth operators at the Bayonne Peninsula, New
Jersey to minimize impacts. The Bayonne Golf Club, west of the safety
zone, has also been notified and ferries transiting to the golf club
will be authorized to transit through the 100 yard safety zone from 6
a.m. to 10 a.m. prior to the building demolitions. Vessels berthing at
the Global Container Terminal, on the opposite side of Port Jersey
Channel, will be outside of the safety zone and not expected to be
impacted. Moreover, the Coast Guard will issue Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone and the rule
allows vessels to seek permission to enter the zone.

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
safety zone 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 (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
call or email 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.

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
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of
1969(42 U.S.C. 4321-4370f), and have 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
safety zone lasting only five hours that will

prohibit entry within waters of New York Upper Bay, Pierhead Channel,
and Port Jersey Channel within 100 yards of the Bayonne Peninsula, New
Jersey bulkhead. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manul 023-
01-001-01, Rev. 01. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record
keeping 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T01-0549 to read as follows:

Sec.  165.T01-0549  Safety Zone; New York Upper Bay, Pierhead Channel,
and Port Jersey Channel, Bayonne, NJ.

    (a) Location. The following area is a safety zone: All navigable
waters of New York Upper Bay, Pierhead Channel, and Port Jersey
Channel, from surface to bottom, within 100 yards of the Bayonne
Peninsula bulkhead bound by the following points beginning at
40[deg]40'20.1'' N, 074[deg]05'22.6'' W thence to 40[deg]40'10.3'' N,
074[deg]04'54.5'' W; thence to 40[deg]39'49.9'' N, 074[deg]04'06.1'' W;
thence to 40[deg]39'38.6'' N, 074[deg]04'14.6'' W; thence to
40[deg]39'59.4'' N, 074[deg]05'08.2'' W; thence to 40[deg]40'03.5'' N,
074[deg]05'22.6'' W; thence to the point of origin at 40[deg]40'20.1''
N, 074[deg]05'22.6'' W. These coordinates are based on NAD 83.
    (b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel and a Federal, State and local officer designated by or
assisting the Captain of the Port New York (COTP) in the enforcement of
the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subapart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF-Channel 16 or at<PHONE_NUMBER>. Those in the
safety zone must comply with all lawful orders or directions given to
them by the COTP or the COTP's designated representative.
    (d) Enforecement period[s]. This section is effective from August 8
through October 31, 2021, but will only be enforced when building
demoltion operations are in progress.

    Dated: August 3, 2021.
Zeita Merchant,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2021-17751 Filed 8-18-21; 8:45 am]
BILLING CODE 9110-04-P


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27.	A. Covaci, S. Voorspoels, P. Schepens, P. Jorens, R. Blust, H.
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28.	 HYPERLINK
"http://findarticles.com/p/search?tb=art&qa=Nik+van+Larebeke" N. van
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30.	Reuters, Used Oil May have Caused Irish Food Crisis: Paper, December
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31.	BBC News, Irish pork contaminations probed.  December 8, 2008 (
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http://news.bbc.co.uk/go/pr/fr/-/2/hi/uk_news/7770476.stm ).

32.	Food Safety Authority of Ireland, recall information last reviewed.
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"http://www.fsai.ie/food_businesses/topics_of_interest/recall_of_pork_de
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08/recall_information.html ).

33.	U.S. EPA, OPPT.  “PCB Spill Cleanup in Standing Rock Sioux
Tribe,” EPA-745-N-98-001, OPPT Tribal News Volume 1, Issue 1, pp 1-2.
September 1998.

34.	Senator Byron Dorgan text from the Congressional Record, pp.
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"http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?position=all&page=S
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914&dbname=1998_record ).

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37.	U.S. EPA (2000) Methodology for Deriving Ambient Water Quality
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.

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40	J. Hardy,   HYPERLINK
"http://www.epa.gov/waterscience/fish/forum/2009/day1d.ppt"  Evaluation
of Contaminants in Puget Sound Fish and Resulting Fish Advisory ,
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  HYPERLINK "http://www.epa.gov/waterscience/fish/forum/2009/day1d.ppt"
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[Federal Register: September 8, 2008 (Volume 73, Number 174)]
[Rules and Regulations]
[Page 51908-51910]
[DOCID:fr08se08-4]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0407; Directorate Identifier 2008-NM-002-AD;
Amendment 39-15662; AD 2008-18-05]
RIN 2120-AA64

Airworthiness Directives; McDonnell Douglas Model 717-200
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
McDonnell Douglas Model 717-200 airplanes. This AD requires inspecting
the drive assembly of the aft elevator standby loop of the elevator
standby cable system for interference between the clevis and bolt of
the bellcrank assembly, correct orientation of the pull-pull cable
clevis bolt, and excessive freeplay of the bellcrank assembly bearing,
and corrective actions if necessary. This AD also requires modifying
the pull-pull cable clevis in the drive assembly of the aft elevator
standby loop for certain airplanes. This AD results from a report of an
aborted takeoff due to a control column disconnect. We are issuing this
AD to prevent binding of the bolt that connects the cable 264A clevis
to the bellcrank assembly against the adjacent (upper) clevis of the
pull-pull cable assembly. This binding condition could result in slow
airplane rotation or a control column disconnect during takeoff and a
runway excursion if takeoff must be aborted.

DATES: This AD is effective October 14, 2008.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 14,
2008.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood
Boulevard, Long Beach, California 90846; Attention: Data and Service
Management, Dept. C1-L5A (D800-0024).

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: David Rathfelder, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
certain McDonnell Douglas Model 717-200 airplanes. That NPRM was
published in the Federal Register on April 7, 2008 (73 FR 18725). That
NPRM proposed to require inspecting the drive assembly of the aft
elevator standby loop for interference between the clevis and bolt of
the bellcrank assembly, correct orientation of the pull-pull cable
clevis bolt, and excessive freeplay of the bellcrank assembly bearing,
and corrective actions if necessary. That NPRM also proposed to require
modifying the pull-pull cable clevis in the drive assembly of the aft
elevator standby loop for certain airplanes.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received.

Request To Change Summary Section for Clarification

    Boeing asks that the second sentence of the Summary section in the
NPRM, which describes what is to be inspected, be changed as follows:
``This proposed AD would require inspecting the aft elevator standby
loop drive assembly of the elevator standby cable system for
interference between the clevis and bolt of this bellcrank assembly,
correct orientation of the pull-pull cable clevis bolt, and excessive
freeplay of the bellcrank assembly bearing, and corrective actions if
necessary.'' Boeing states that this would more accurately describe the
drive assembly being inspected since there are two drive assemblies in
the elevator standby cable system.
    We agree that the description in the Summary section of the AD
should be clarified. Therefore, we have changed the Summary section and
all other

relevant sections in the AD to meet the commenter's intent.

Requests To Extend Compliance Time

    Midwest Airlines asks that the compliance time in the NPRM be
changed to one of the following: ``Complete the inspection and
modification within 27 months of the effective date of the AD,'' or
``Complete the inspection and modification within 3,000 flight hours or
27 months, whichever occurs later from the effective date of the AD.''
Midwest Airlines states that it currently has a utilization of 3,450
flight hours per year, and if the compliance time is not changed, it
would require compliance for all its airplanes in less than one year.
Midwest Airlines also states that it checked some of its airplanes for
the interference and none was found.
    Air Tran proposes that the inspection and clevis replacement
specified in the NPRM be done concurrently at 27 months after the
effective date of the AD, rather than the inspection being limited to
3,000 flight hours. Air Tran states that since similar access is
required for both the inspection and clevis replacement, it is more
practical to accomplish the clevis replacement at the same time as the
inspection. Twenty-seven months aligns with the Model 717 maintenance
program heavy maintenance visits, but 3,000 flight hours does not.
    We agree to extend the compliance time for performing the
inspection for the reasons provided by the commenters. We have
determined that a compliance time of within 3,000 flight hours or 27
months after the effective date of the AD, whichever occurs later, is
appropriate and will ensure an acceptable level of safety. We have
changed paragraph (f)(1) of this AD accordingly. The compliance time
for doing the clevis modification specified in paragraph (f)(2) of this
AD remains the same. Changing the compliance time for the inspection
provides the opportunity to do the inspection and modification at the
same time.

Request To Change Cost Section

    Midwest Airlines states that the work-hour estimate specified in
the Costs of Compliance section of the NPRM is underestimated. Midwest
Airlines notes that the NPRM specifies 1 work-hour for the inspection
and the referenced service bulletin specifies 2.4 to 11.9 work hours.
Midwest Airlines adds that the NPRM specifies 4 work-hours for the
modification and the referenced service bulletin specifies 5.4 work-
hours. Midwest Airlines believes the service bulletin is more accurate
than the NPRM.
    From this comment, we infer that Midwest Airlines would like us to
increase the work-hour estimate given in the NPRM. We do not agree. The
cost information below describes only the direct costs of the specific
actions required by this AD. Based on the best data available, the
manufacturer provided the number of work hours (1 for the inspection, 4
for the modification) necessary to do the required actions, as
specified in the service bulletin. We recognize that, in doing the
actions required by an AD, operators might incur incidental costs in
addition to the direct costs. The cost analysis in AD rulemaking
actions, however, typically does not include incidental costs such as
the time required to gain access and close up, time necessary for
planning, or time necessitated by other administrative actions. Those
incidental costs, which might vary significantly among operators, are
almost impossible to calculate. We have made no change to the AD in
this regard.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We also determined that
these changes will not increase the economic burden on any operator or
increase the scope of the AD.

Costs of Compliance

    We estimate that this AD will affect 123 airplanes of U.S.
registry.
    It will take about 1 work-hour per product to do the inspection.
The average labor rate is $80 per work-hour. Based on these figures, we
estimate the cost of the inspection required by this AD to the U.S.
operators to be $9,840, or $80 per product.
    It will take about 4 work-hours per product to do the modification.
Required parts will cost about $163 per product. Based on these
figures, we estimate the cost of the modification required by this AD
to the U.S. operators to be $59,409, or $483 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (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) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2008-18-05 McDonnell Douglas: Amendment 39-15662. Docket No. FAA-
2008-0407; Directorate Identifier 2008-NM-002-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective October 14,
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to McDonnell Douglas Model 717-200
airplanes, certificated in any category, as identified in Boeing
Alert Service Bulletin 717-27A0039, dated December 6, 2007.

Unsafe Condition

    (d) This AD results from a report of an aborted takeoff due to a
control column disconnect. We are issuing this AD to prevent binding
of the bolt that connects the cable 264A clevis to the bellcrank
assembly against the adjacent (upper) clevis of the pull-pull cable
assembly. This binding condition could result in slow airplane
rotation or a control column disconnect during takeoff and a runway
excursion if takeoff must be aborted.

Compliance

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

Inspection/Corrective Actions

    (f) Do the applicable actions specified in paragraphs (f)(1) and
(f)(2) of this AD at the time specified, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 717-
27A0039, dated December 6, 2007.
    (1) For all airplanes: Do a general visual inspection of the
drive assembly of the aft elevator standby loop of the elevator
standby cable system for interference between the clevis and bolt of
the bellcrank assembly, correct orientation of the pull-pull cable
clevis bolt, and excessive freeplay of the bellcrank assembly
bearing. Do the inspection within 3,000 flight hours or 27 months
after the effective date of this AD, whichever occurs later. Do all
applicable corrective actions before further flight.
    (2) For airplanes identified in the service bulletin as Group 1,
Configuration 1: Modify the pull-pull cable clevis in the drive
assembly of the aft elevator standby loop of the elevator standby
cable system. Do the modification at the applicable time specified
in paragraph 1.E., ``Compliance,'' of the service bulletin; except,
where the service bulletin specifies a compliance time after the
date on the service bulletin, this AD requires compliance within the
specified compliance time after the effective date of this AD.

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, ATTN: David Rathfelder, Aerospace Engineer, Airframe
Branch, ANM-120L, FAA, Los Angeles ACO, 3960 Paramount Boulevard,
Lakewood, California 90712-4137; telephone<PHONE_NUMBER>; fax (562)
627-5210; has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.

Material Incorporated by Reference

    (h) You must use Boeing Alert Service Bulletin 717-27A0039,
dated December 6, 2007, to do the actions required by this AD,
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood
Boulevard, Long Beach, California 90846; Attention: Data and Service
Management, Dept. C1-L5A (D800-0024).
    (3) You may review copies of the service information
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER>, or
go to: http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.

    Issued in Renton, Washington, on August 18, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-19721 Filed 9-5-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: September 4, 2008 (Volume 73, Number 172)]
[Notices]
[Page 51668-51669]
[DOCID:fr04se08-68]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58428; File No. SR-CBOE-2008-86]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to Voluntary Professional Transaction Fees

August 27, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 19, 2008, the Chicago Board Options Exchange,
Incorporated (``CBOE'' or the ``Exchange'') filed with the Securities
and Exchange Commission (``Commission'') the proposed rule change as
described in Items I, II and III below, which Items have been prepared
by the CBOE. 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\ 2 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    CBOE is proposing to amend its fees schedule for certain non-
broker-dealer orders. The text of the proposed rule change is available
on the Exchange's Web site (http://www.cboe.org/legal), at the
Exchange's Office of the Secretary and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the CBOE included statements
concerning the purpose of, and basis for, the

proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The CBOE 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On August 7, 2008, the Securities and Exchange Commission approved
a proposed rule change by the CBOE to establish a Voluntary
Professional \3\ designation.\4\ This designation permits non-broker-
dealer customers to voluntarily have their orders categorized as
broker-dealer orders for order handling, order execution, and cancel
fee calculation purposes. In the aforementioned filing, the Exchange
represented that it intends to establish, via a separate rule filing, a
transaction fee applicable to Voluntary Professionals.
---------------------------------------------------------------------------

    \3\ See CBOE Rule 1.1(fff).
    \4\ See Securities Exchange Act Release No. 58327 (August 7,
2008), 73 FR 47988 (August 15, 2008).
---------------------------------------------------------------------------

    In accordance with that representation, the Exchange now proposes
to amend its fees schedule to establish the transaction fees that would
be applicable to Voluntary Professional orders. Specifically, the
Exchange proposes to charge Voluntary Professional orders a $0.20 per
contract transaction fee in all equity options and options on indexes,
exchange-traded funds and holding company depository receipts (except
those listed below). The Exchange proposes a $0.30 per contract
transaction fee in XEO options, a $0.40 per contract transaction fee in
DXL options and all volatility index options, and a $0.85 per contract
transaction fee in credit default and credit default basket options.
    As reflected in Exhibit 5, the Exchange proposes to amend footnote
14 (index option surcharge fee) to clarify that the Surcharge fee would
apply to Voluntary Professionals.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Act,\5\ in general, and furthers the objectives of
Section 6(b)(4) \6\ of the Act in particular, in that it is designed to
provide for the equitable allocation of reasonable dues, fees, and
other charges among CBOE members. The proposed fee change would enable
the Exchange to implement the Voluntary Professional designation.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

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

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

    The Exchange neither solicited nor received comments on the
proposal.

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

    Because the foregoing proposed rule change establishes or changes a
due, fee, or other charged imposed by the Exchange, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-
4(f)(2) \8\ thereunder. At any time within 60 days of the filing of the
proposed rule change the Commission may summarily abrogate such
proposed 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.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 19b-4(f)(2).
---------------------------------------------------------------------------

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-CBOE-2008-86 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2008-86. 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, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of CBOE. 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-CBOE-2008-86 and should be
submitted on or before September 25, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Florence E. Harmon,
Acting Secretary.
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. E8-20524 Filed 9-3-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 88, Number 200 (Wednesday, October 18, 2023)]
[Proposed Rules]
[Pages 71786-71787]
[FR Doc No: 2023-22948]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-2052; Airspace Docket No. 23-ASO-39]
RIN 2120-AA66

Amendment of Class E Airspace; Thomasville, GA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This action proposes to amend Class E airspace extending
upward from 700 feet above the surface for Thomasville Regional
Airport, Thomasville, GA. This action would increase the exiting radius
and add an extension to the northeast, as well as update the airport's
name.

DATES: Comments must be received on or before December 4, 2023.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-2052 and
Airspace Docket No. 23-ASO-39 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow
the online instructions for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except for Federal holidays.
    * Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Docket: Background documents or comments received may be read at
www.regulations.gov anytime. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except for Federal holidays.
    FAA Order JO 7400.11H Airspace Designations and Reporting Points
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    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 would amend Class E airspace in Thomasville, GA.

Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal. The most
helpful comments reference a specific portion of the proposal, explain
the reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should submit only once if comments are filed electronically, or
commenters should send only one copy of written comments if comments
are filed in writing.
    The FAA will file in the docket all comments it receives and a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal,
the FAA will consider all comments it receives on or before the closing
date for comments. The FAA will consider comments filed after the
comment period has closed if it is

possible without incurring expense or delay. The FAA may change this
proposal in light of the comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without editing, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can be accessed through the FAA's web page at www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Operations office (see ADDRESSES section for address, phone number, and
hours of operations). 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 Ave., College
Park, GA, 30337.

Incorporation by Reference

    Class E airspace designations are published in Paragraph 6005 of
FAA Order JO 7400.11, Airspace Designations and Reporting Points,
incorporated by reference in 14 CFR 71.1 annually. This document
proposes to amend the current version of that order, FAA Order JO
7400.11H, Airspace Designations and Reporting Points, dated August 11,
2023, and effective September 15, 2023. These updates will be published
in the next FAA Order JO 7400.11 update. FAA Order JO 7400.11H is
publicly available as listed in the ADDRESSES section of this document.
FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas, air
traffic service routes, and reporting points.

The Proposal

    The FAA proposes an amendment to 14 CFR part 71 to amend Class E
airspace extending upward from 700 feet above the surface for
Thomasville Regional Airport, Thomasville, GA, by updating the airport
name (formerly Thomasville Municipal Airport). Also, an airspace
evaluation determined the radius would increase to 7 miles (previously
6.5 miles), and an extension to the northeast would be added.
Controlled airspace is necessary for the area's safety and management
of instrument flight rules (IFR) operations.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (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 proposed 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.

Environmental Review

    This proposal will be subject to an environmental analysis per FAA
Order 1050.1F, ``Environmental Impacts: Policies and Procedures,''
before any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 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(f), 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 FAA Order JO
7400.11H, Airspace Designations and Reporting Points, dated August 11,
2023, and effective September 15, 2023, is amended as follows:

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

* * * * *

ASO GA E5 Thomasville, GA [Amended]

Thomasville Regional Airport, GA
    (Lat 30[deg]54'05'' N, long 83[deg]52'53'' W)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of Thomasville Regional Airport and within
3.5 miles on each side of the 040[deg] bearing of the airport,
extending from the 7-mile radius to 9.7 miles northeast of the
airport.
* * * * *

    Issued in College Park, Georgia, on October 13, 2023
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2023-22948 Filed 10-17-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 27 (Thursday, February 9, 2023)]
[Rules and Regulations]
[Page 8371]
[FR Doc No: 2023-02807]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2023-0026]

Safety Zone; Riverwalk Marketplace/Lundi Gras Fireworks Display,
New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Notification of enforcement of regulation.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard will enforce a temporary safety zone for the
Riverwalk Marketplace/Lundi Gras fireworks display on February 20,
2023, to provide for the safety of life on navigable waterways during
this event. Our regulation for annual fireworks displays and other
events in the Eighth Coast Guard District requiring safety zones
identifies the regulated area for this event on the navigable waters of
the Lower Mississippi River between Mile Marker (MM) 93 and MM 96, New
Orleans, LA. During the enforcement period, entry into this zone is
prohibited unless authorized by the Captain of the Port or a designated
representative. All persons and vessels shall comply with the
instructions of the Captain of the Port or designated representative.
Designated representatives include commissioned, warrant, and petty
officers of the U.S. Coast Guard.

DATES: The regulation in 33 Code of Federal Regulations, Part 165.801,
Table 5, line 1 will be enforced from 6 p.m. through 7 p.m. on February
20, 2023.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email Lieutenant Commander William
Stewart, Sector New Orleans, U.S. Coast Guard; telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a temporary
safety zone in 33 CFR 165.801, Table 5, line 1, for the Riverwalk
Marketplace/Lundi Gras fireworks display event from 6 p.m. through 7
p.m. on February 20, 2023. This action is being taken to provide for
the safety of life on navigable waterways during this event. Our
regulation for annual fireworks displays and other events in the Eighth
Coast Guard District requiring safety zones, Sec.  165.801, identifies
the regulated area for the Riverwalk Marketplace/Lundi Gras fireworks
display on the navigable waters of the Lower Mississippi River between
Mile Marker (MM) 93 and MM 96, New Orleans, LA. During the enforcement
period, as reflected in Sec.  165.801(a)-(c), entry into this zone is
prohibited unless authorized by the Captain of the Port or a designated
representative. All persons and vessels shall comply with the
instructions of the Captain of the Port or designated representative.
Designated representatives include commissioned, warrant, and petty
officers of the U.S. Coast Guard.
    In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via Marine Safety Information Bulletin and Broadcast
Notice to Mariners.

    Dated: February 3, 2023.
K.K. Denning,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2023-02807 Filed 2-8-23; 8:45 am]
BILLING CODE 9110-04-P


CWPB2...................................            11.6            11.2            10.8            10.8            10.4            10.4            10.4
CWPB3...................................             2.5             2.4             2.4             2.3             2.3             2.3             2.3
SWPB....................................            14.8            13.8            13.8            13.8            13.8            13.8            13.8
VSS2....................................             1.7             1.6             1.5             1.5             1.4             1.4             1.4
--------------------------------------------------------------------------------------------------------------------------------------------------------

0
17. Table 3 to Subpart LL of Part 63 is redesignated as Table 4 to
Subpart LL of Part 63 and revised to read as follows:

               Table 4 to Subpart LL of Part 63--Anode Bake Furnace Limits for Emission Averaging
----------------------------------------------------------------------------------------------------------------
                                                                         Emission limit (lb/ton of anode)
                       Number of furnaces                        -----------------------------------------------
                                                                        TF              POM             PM
----------------------------------------------------------------------------------------------------------------
2...............................................................            0.11            0.17            0.11

3...............................................................            0.09            0.17           0.091
4...............................................................           0.077            0.17           0.076
5...............................................................            0.07            0.17           0.071
----------------------------------------------------------------------------------------------------------------

0
18. New Table 3 to Subpart LL of Part 63 is added to read as follows:

                                       Table 3 to Subpart LL of Part 63--Potline PM Limits for Emission Averaging
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Semiannual PM limit (lb/ton) [for given number of potlines]
                  Type                   ---------------------------------------------------------------------------------------------------------------
                                              2 lines         3 lines         4 lines         5 lines         6 lines         7 lines         8 lines
--------------------------------------------------------------------------------------------------------------------------------------------------------
CWPB1...................................             6.1             6.1             5.3             5.3             5.0             5.0             5.0
CWPB2...................................            10.6            10.3             9.9             9.9             9.5             9.5             9.5
CWPB3...................................            18.4            17.6            17.6            16.8            16.8            16.8            16.8
SWPB....................................             4.3             3.9             3.9             3.7             3.7             3.7             3.7
VSS2....................................              25            24.1            24.1            23.1            23.1            23.1            23.1
--------------------------------------------------------------------------------------------------------------------------------------------------------

0
19. Appendix A to Subpart LL of Part 63 is revised to read as follows:

      Appendix A to Subpart LL of Part 63--Applicability of General Provisions (40 CFR Part 63, Subpart A)
----------------------------------------------------------------------------------------------------------------
       Reference section(s)                 Requirement         Applies to subpart LL           Comment
----------------------------------------------------------------------------------------------------------------
63.1(a)(1) through (4)............  General Applicability.....  Yes..................
63.1(a)(5)........................  ..........................  No...................  [Reserved].
63.1(a)(6)........................  ..........................  Yes..................
63.1(a)(7) through (9)............  ..........................  No...................  [Reserved].
63.1(a)(10) through (12)..........  ..........................  Yes..................
63.1(b)(1) through (3)............  Initial Applicability       Yes..................  (b)(2) Reserved.
                                     Determination.
63.1(c)(1)........................  Applicability after         Yes..................
                                     standard Established.
63.1(c)(2)........................  ..........................  Yes..................  Area sources are not
                                                                                subject to this subpart.
63.1(c)(3) and (4)................  ..........................  No...................  [Reserved].
63.1(c)(5)........................  ..........................  Yes..................
63.1(d)...........................  ..........................  No...................  [Reserved].
63.1(e)...........................  Applicability of Permit     Yes..................
                                     Program.
63.2..............................  Definitions...............  Yes..................  Reconstruction defined in
                                                                                Sec.   63.842.
63.3..............................  Units and Abbreviations...  Yes..................
63.4(a)(1) and (2)................  Prohibited activities.....  Yes..................
63.4(a)(3) through (5)............  ..........................  No...................  [Reserved].
63.4(b) and (c)...................  Circumvention/Severability  Yes..................
63.5(a)...........................  Construction/               Yes..................
                                     Reconstruction
                                     Applicability.
63.5(b)(1)........................  Existing, New,              Yes..................
                                     Reconstructed Sources
                                     Requirements.
63.5(b)(2)........................  ..........................  No...................  [Reserved].
63.5(b)(3) and (4)................  ..........................  Yes..................
63.5(b)(5)........................  ..........................  No...................  [Reserved].
63.5(b)(6)........................  ..........................  Yes..................
63.5(c)...........................  ..........................  No...................  [Reserved].
63.5(d)...........................  Application for Approval    Yes..................
                                     of Construction/
                                     Reconstruction.
63.5(e)...........................  Approval of Construction/   Yes..................
                                     Reconstruction.
63.5(f)...........................  Approval of Construction/   Yes..................
                                     Reconstruction Based on
                                     State Review.
63.6(a)...........................  Compliance with Standards   Yes..................
                                     and Maintenance
                                     Applicability.
63.6(b)(1) through (5)............  New and Reconstructed       Yes..................  See Sec.   847(a)(6) and
                                     Source Dates.                                      (7).
63.6(b)(6)........................  ..........................  No...................  [Reserved].
63.6(b)(7)........................  ..........................  Yes..................
63.6(c)(1)........................  Existing Source Dates.....  No...................  See Sec.   847(a).
63.6(c)(2)........................  ..........................  Yes..................
63.6(c)(3) and (4)................  ..........................  No...................  [Reserved].
63.6(c)(5)........................  ..........................  Yes..................
63.6(d)...........................  ..........................  No...................  [Reserved].

63.6(e)(1)(i).....................  ..........................  No...................  See Sec.  Sec.
                                                                                63.843(f) and 63.844(f)
                                                                                for general duty
                                                                                requirement.
63.6(e)(1)(ii)....................  ..........................  No...................
63.6(e)(1)(iii)...................  ..........................  Yes..................
63.6(e)(2)........................  ..........................  No...................  [Reserved].
63.6(e)(3)........................  Startup, Shutdown and       No...................
                                     Malfunction Plan.
63.6(f)(1)........................  Compliance with Emissions   No...................
                                     Standards.
63.6(f)(2)........................  Methods/Finding of          Yes..................
                                     Compliance.
63.6(g)...........................  Alternative Standard......  Yes..................
63.6(h)...........................  Compliance with Opacity/VE  Only in Sec.   63.845  Opacity standards
                                     Standards.                                         applicable only when
                                                                                incorporating the NSPS
                                                                                requirements under Sec.
                                                                                63.845.
63.6(i)(1) through (14)...........  Extension of Compliance...  Yes..................
63.6(i)(15).......................  ..........................  No...................  [Reserved].
63.6(i)(16).......................  ..........................  Yes..................
63.6(j)...........................  Exemption from Compliance.  Yes..................
63.7(a)...........................  Performance Test            Yes..................
                                     Requirements
                                     Applicability.
63.7(b)...........................  Notification..............  Yes..................
63.7(c)...........................  Quality Assurance/Test      Yes..................
                                     Plan.
63.7(d)...........................  Testing facilities........  Yes..................
63.7(e)(1)........................  Conduct of Tests..........  No...................  See Sec.   63.847(d).
63.7(e)(2) through (4)............  ..........................  Yes..................
63.7(f), (g), (h).................  Alternative Test Method...  Yes..................
63.8(a)(1) and (2)................  Monitoring Requirements     Yes..................
                                     Applicability.
63.8(a)(3)........................  ..........................  No...................  [Reserved].
63.8(b)...........................  Conduct of Monitoring.....  Yes..................
63.8(c)(1)(i).....................  ..........................  No...................  See Sec.  Sec.
                                                                                63.843(f) and 63.844(f)
                                                                                for general duty
                                                                                requirement.
63.8(c)(1)(ii)....................  ..........................  Yes..................
63.8(c)(1)(iii)...................  ..........................  No...................
63.8(c)(2) through (d)(2).........  ..........................  Yes..................
63.8(d)(3)........................  ..........................  Yes, except for last
                                                                 sentence.
63.8(e) through (g)...............  ..........................  Yes..................
63.9(a)...........................  Notification Requirements   Yes..................
                                     Applicability.
63.9(b)...........................  Initial Notifications.....  Yes..................  Notification of re-start
                                                                                specified in Sec.
                                                                                63.850(a)(9).
63.9(c)...........................  Request for Compliance      Yes..................
                                     Extension.
63.9(d)...........................  New Source Notification     Yes..................
                                     for Special Compliance
                                     Requirements.
63.9(e)...........................  Notification of             No...................
                                     Performance Test.
63.9(f)...........................  Notification of VE/Opacity  No...................
                                     Test.
63.9(g)...........................  Additional CMS              No...................
                                     Notifications.
63.9(h)(1) through (3)............  Notification of Compliance  Yes..................
                                     Status.
63.9(h)(4)........................  ..........................  No...................  [Reserved].
63.9(h)(5) and (6)................  ..........................  Yes..................
63.9(i)...........................  Adjustment of Deadlines...  Yes..................
63.9(j)...........................  Change in Previous          Yes..................
                                     Information.
63.10(a)..........................  Recordkeeping/Reporting     Yes..................
                                     Applicability.
63.10(b)(1).......................  General Recordkeeping       Yes..................
                                     Requirements.
63.10(b)(2)(i)....................  ..........................  No...................
63.10(b)(2)(ii)...................  ..........................  No...................  See Sec.  Sec.
                                                                                63.850(e)(4)(xvi) and
                                                                                (xvii) for recordkeeping
                                                                                of occurrence and
                                                                                duration of malfunctions
                                                                                and recordkeeping of
                                                                                actions taken during
                                                                                malfunction.
63.10(b)(2)(iii)..................  ..........................  Yes..................
63.10(b)(2)(iv) and (v)...........  ..........................  No...................
63.10(b)(2)(vi) through (xiv).....  ..........................  Yes..................
63.(10)(b)(3).....................  ..........................  Yes..................
63.10(c)(1) through (9)...........  ..........................  Yes..................
63.10(c)(10) and (11).............  ..........................  No...................  See Sec.  Sec.
                                                                                63.850(e)(4)(xvi) and
                                                                                (xvii) for recordkeeping
                                                                                of malfunctions.
63.10(c)(12) through (14).........  ..........................  Yes..................
63.10(c)(15)......................  ..........................  No...................
63.10(d)(1).......................  General Reporting           Yes..................
                                     Requirements.
63.10(d)(2).......................  ..........................  No...................  See Sec.   63.850(b).
63.10(d)(3) and (4)...............  ..........................  Yes..................
63.10(d)(5).......................  Startup-Shutdown and        No...................  See Sec.   63.850(d)(2)
                                     Malfunction Reports.                               for reporting of
                                                                                malfunctions.

63.10(e) and (f)..................  Additional CMS Reports and  Yes..................
                                     Recordkeeping/Reporting
                                     Waiver.
63.11.............................  Control Device/work         No...................
                                     practices requirements
                                     Applicability.
63.12.............................  State Authority and         Yes..................
                                     Delegations.
63.13.............................  Addresses.................  Yes..................
63.14.............................  Incorporation by Reference  Yes..................
63.15.............................  Information Availability/   Yes..................
                                     Confidentiality.
63.16.............................  Performance Track           No...................
                                     Provisions.
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[FR Doc. 2015-25137 Filed 10-14-15; 8:45 am]
 BILLING CODE 6560-50-P