[Federal Register Volume 85, Number 159 (Monday, August 17, 2020)]
[Notices]
[Pages 50055-50059]
[FR Doc No: 2020-17823]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89525; File No. SR-CboeBZX-2020-065]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
To Amend Its Fees Schedule

August 11, 2020.
    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 4, 2020, Cboe BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe BZX Exchange, Inc. (the ``Exchange'' or ``BZX'') is filing
with the Securities and Exchange Commission (``Commission'') a proposed
rule change to amend its Fee Schedule. The text of the proposed rule
change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), 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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to amend its fee schedule for its equity
options platform (``BZX Options'').\3\
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    \3\ The Exchange initially filed the proposed fee changes on
July 31, 2020 (SR-CboeBZX-2020-062). On August 4, 2020, the Exchange
withdrew that filing and submitted this filing.
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    The Exchange first notes that it operates in a highly competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive or incentives to be insufficient. More specifically, the
Exchange is only one of 16 options venues to which market participants
may direct their order flow. Based on publicly available information,
no single options exchange has more than 17% of the market share and
currently the Exchange represents only approximately 8% of the market
share.\4\ Thus, in such a low-concentrated and highly competitive
market, no single options exchange, including the Exchange, possesses
significant pricing power in the execution of option order flow. The
Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
shift order flow, or discontinue to reduce use of certain categories of
products, in response to fee changes. Accordingly, competitive forces
constrain the Exchange's transaction fees, and market participants can
readily trade on competing venues if they deem pricing levels at those
other venues to

be more favorable. The Exchange's fee schedule sets forth standard
rebates and rates applied per contract, which varies depending on the
Member's Capacity (Customer, Firm, Market Maker, etc.), whether the
order adds or removes liquidity, and whether the order is in Penny or
Non-Penny Pilot Securities. Additionally, in response to the
competitive environment, the Exchange also offers tiered pricing which
provides Members opportunities to qualify for higher rebates or reduced
fees where certain volume criteria and thresholds are met. Tiered
pricing provides an incremental incentive for Members to strive for
higher tier levels, which provides increasingly higher benefits or
discounts for satisfying increasingly more stringent criteria.
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    \4\ See Cboe Global Markets U.S. Options Market Month-to-Date
Volume Summary (July 27, 2020), available at https://markets.cboe.com/us/options/market_statistics/.
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    For example, the Exchange currently offers five NBBO Setter Tiers
under footnote 7 of the Fee Schedule which provide additional rebates
between $0.01 and $0.05 per contract for qualifying orders which
establish a new NBBO and yield fee code PM or PN,\5\ where a Member
meets certain liquidity thresholds. Under the current NBBO Setter
Tiers, a Member may receive an additional rebate where the Member has
an ADAV \6\ in Non-Customer orders, or Firm/Market Maker/Away MM orders
greater or equal to a specified percentage of OCV.\7\ The Exchange now
proposes to amend the criteria in NBBO Setter Tiers 2 through 5 by
increasing, in each, a percentage of ADV into average OCV within
existing criteria and also adding to Tier 5 a new, additional criteria
that that a Member must meet to receive the existing additional rebate.
The Exchange notes that the proposed changes do not alter the current
rebates provided under NBBO Setter Tiers 2 through 5.
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    \5\ Orders yielding fee code PM are Market Maker orders that add
liquidity in Penny Pilot Securities and are offered a rebate of
$0.29, and orders yielding fee code PN are Away Market Maker orders
that add liquidity in Penny Pilot Securities and are offered a
rebate of $0.26.
    \6\ ``ADAV'' means average daily added volume calculated as the
number of contracts added, per day.
    \7\ ``OCC Customer Volume'' or ``OCV'' means the total equity
and ETF options volume that clears in the Customer range at the
Options Clearing Corporation (``OCC'') for the month for which the
fees apply, excluding volume on any day that the Exchange
experiences an Exchange System Disruption and on any day with a
scheduled early market close.
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    Specifically, Tier 2 currently provides an additional rebate of
$0.02 for a Member's qualifying orders (i.e., that yield fee code PM or
PN and establish a new NBBO) for Members that have (1) an ADAV in Non-
Customer orders greater than or equal to 0.40% of average OCV, and (2)
an ADAV in Firm/Market Maker/Away Market Maker (MM) orders that
establish a new NBBO greater than or equal to 0.05% of average OCV.
Tier 3 currently provides an additional rebate of $0.03 for qualifying
orders for Members that have (1) an ADAV in Non-Customer orders greater
than or equal to 0.75% of average OCV, and (2) an ADAV in Firm/Market
Maker/Away MM orders that establish a new NBBO greater than or equal to
0.05% of average OCV. Tier 4 currently provides an additional rebate of
$0.04 for qualifying orders for Members that have (1) an ADAV in Non-
Customer orders greater than or equal to 1.80% of average OCV, (2) an
ADAV in Non-Customer Non-Penny orders greater than or equal to 0.20% of
average OCV, and (3) an ADAV in Firm/Market Maker/Away MM orders that
establish a new NBBO greater than or equal to 0.05% of average OCV.
Tier 5 currently provides an additional rebate of $0.05 for qualifying
orders for Member that have (1) an ADAV in Non-Customer orders greater
than or equal to 3.00% of average OCV, and (2) Member has an ADAV in
Firm/Market Maker/Away MM orders that establish a new NBBO greater than
or equal to 0.05% of average OCV. The Exchange notes that prong 2 of
Tiers 2, 3, and 5 and prong 3 of Tier 4 (as well as prong 2 of Tier 1
which is not being amended) provide the same criteria. The proposed
change updates these criteria in each tier to instead become
incrementally more difficult. The proposed criteria in Tier 2 requires
that a Member have an has an ADAV in Firm/Market Maker/Away MM orders
that establish a new NBBO greater than or equal to 0.15% of average
OCV, in Tier 3 requires a threshold greater than or equal to 0.30% of
average OCV, in Tier 4 requires a threshold of greater than or equal to
0.50% of average OCV, and in Tier 5 requires a threshold of 0.80% of
average OCV. In addition to this, the proposed change amends the
criteria in prong 1 of Tier 5 to decrease the threshold of Non-Customer
orders over average OCV from 3.00% to 2.55% and adopts an additional
criteria in Tier 5, a new prong 2 (current prong 2 will become prong
3), which requires an ADAV in Non-Customer Non-Penny orders greater
than or equal to 0.25% of average OCV. The proposed increases in Firm/
Market Maker/Away MM order ADAV that establish a new NBBO as a
percentage of average OCV in Tiers 2 through 5 are intended to
incrementally increase the level of difficulty in achieving each of
these tiers, thus, incentivizing Members to increase their overall
order flow to the Exchange by encouraging those Members to strive for
the different, incrementally more difficult tier criteria under the
proposed tiers to receive the additional rebates. The proposed
additional prong of criteria in Tier 5 is also designed to
incrementally increase the level of difficulty in achieving Tier 5,
while the proposed decrease in the threshold of ADAV over average OCV
in prong 1 is designed to balance the entirety of Tier 5's difficulty
in light of the proposed additional criteria, incentivizing Members to
continue to submit Non-Customer orders to the Exchange's Order Book.
    The Exchange believes that the proposed fee changes are overall
designed to incentivize more Firm, Market Maker, and Away Market Maker
add volume order flow to establish a new NBBO as well as overall Non-
Customer add volume order flow to the Exchange. Increased add volume
order flow, particularly by liquidity providers, contributes to a
deeper, more liquid market, which, in turn, provides for increased
execution opportunities and thus overall enhanced price discovery and
price improvement opportunities on the Exchange. As such, this benefits
all Members by contributing towards a robust and well-balanced market
ecosystem, offering additional flexibility for all investors to enjoy
cost savings, supporting the quality of price discovery, promoting
market transparency and improving investor protection.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\8\ in general, and
furthers the objectives of Section 6(b)(4),\9\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and issuers and other persons
using its facilities. The Exchange also believes that the proposed rule
change is consistent with the objectives of Section 6(b)(5) \10\
requirements that the rules of an exchange be 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, and, particularly, is not designed
to permit unfair discrimination between customers, issuers, brokers, or
dealers.
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    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(4).
    \10\ 15 U.S.C. 78f.(b)(5).
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    As described above, the Exchange operates in a highly competitive
market in which market participants can readily direct order flow to
competing venues if they deem fee levels at a particular venue to be
excessive or incentives to be insufficient. The proposed rule change
reflects a competitive pricing structure designed to incentivize market
participants to direct their order flow to the Exchange, which the
Exchange believes would enhance market quality to the benefit of all
Members.
    In particular, the Exchange believes the proposed tiers are
reasonable because they amend existing opportunities in a manner that
incentivizes increased Non-Customer (which would include, where
applicable, Firm, Market Maker, and Away MM specifically) order flow
via incrementally more challenging criteria in order to receive the
same additional rebates on a Member's qualifying orders. The Exchange
notes that volume-based incentives and discounts have been widely
adopted by exchanges,\11\ including the Exchange,\12\ and are
reasonable, equitable and non-discriminatory because they are open to
all Members on an equal basis and provide additional benefits or
discounts that are reasonably related to (i) the value to an exchange's
market quality and (ii) associated higher levels of market activity,
such as higher levels of liquidity provision and/or growth patterns.
Additionally, as noted above, the Exchange operates in a highly
competitive market. The Exchange is only one of several options venues
to which market participants may direct their order flow, and it
represents a small percentage of the overall market. Competing options
exchanges offer similar tiered pricing structures to that of the
Exchange, including schedules of rebates and fees that apply based upon
Members achieving certain volume and/or growth thresholds.
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    \11\ See e.g., NYSE Arca Options Fee Schedule, Firm and Broker
Dealer Penny Posting Credit Tiers, and Non-Customer Non-Penny
Posting Credit Tiers.
    \12\ See e.g., The Exchange's Fee Schedule, Footnote 4, NBBO
Setter Tiers.
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    Moreover, the Exchange believes the amended NBBO Setter Tiers are a
reasonable means to encourage Members to increase their liquidity on
the Exchange, specifically their Non-Customer add volume order flow.
The Exchange believes that modifying existing criteria in Tiers 2
through 5 to be incrementally more difficult to achieve, as opposed to
the current fixed criteria pursuant to the same prong in each tier, and
adopting an additional prong of criteria in Tier 5 are reasonable
modifications of existing criteria because they are designed to
incrementally increase the difficulty in achieving these tiers, thereby
incentivizing Members to increase their overall add volume order flow,
and particularly, to strive to establish new NBBOs. This benefits all
market participants by incentivizing continuous display of and
opportunity to execute at the best prices, and by incentivizing overall
additional liquidity, which signals other market participants to take
the additional execution opportunities provided by such liquidity. This
overall increase in activity deepens the Exchange's liquidity pool,
offers additional cost savings, supports the quality of price
discovery, promotes market transparency and improves market quality,
for all investors. The Exchange also notes that it is reasonable to
decrease the threshold of ADAV as a percentage average OCV in prong 1
of Tier 5 in order to balance the ultimate level of difficult in
achieving the tier with the added proposed prong of criteria that a
Member must meet to achieve the current rebate.
    Further, the Exchange believes that the proposed rule changes are
reasonable as they represent proportional increases in difficulty per
adjacent tiers and the criteria thresholds appropriately reflect the
incremental difficulty to achieve the existing rebates that increase
with each ascending tier. For example, the Exchange proposes to
simultaneously increase the ADAV thresholds of Firm/Market Maker/Away
MM orders that establish a new NBBO in each of Tier 2, 3, 4, and 5 in a
manner that poses a step up in difficulty per each ascending tier to
achieve the current ascending rebates per each tier. The Exchange also
believes that the proposed change to Tier 5 in adding another prong of
criteria, as well as tempering the difficulty posed by the added prong
by decreasing the threshold of ADAV over average OCV in an existing
prong, appropriately balances the step up in difficulty from Tier 4 to
Tier 5. The Exchange again notes that the proposed rule changes do not
alter the amount of any of the current rebates in place.
    The Exchange believes that the proposal represents an equitable
allocation of fees and is not unfairly discriminatory because all
Members will be eligible for the proposed tier and the corresponding
additional rebate will apply uniformly to all Members that reach the
proposed tier criteria. That is, the proposed tiers are designed as an
incentive to any and all Members interested in meeting the tier
criteria to submit additional order flow to the Exchange and each will
receive the proposed additional rebate if the tier criteria is met.
    The Exchange believes that the proposal represents an equitable
allocation of rebates and is not unfairly discriminatory because all
Members will continue to be eligible for NBBO Setter Tiers 2 through 5,
as amended. The proposed changes to the tiers' criteria are designed as
an incentive to any and all Members interested in meeting the tier
criteria to submit additional Non-Customer orders (with opportunities
to achieve such tiers via criteria for Firm/Market Maker/Away MM
orders) to the Exchange. Each will have the opportunity to submit the
requisite order flow and will receive the applicable existing rebate if
the tier criteria are met. Without having a view of activity on other
markets and off-exchange venues, the Exchange has no way of knowing
whether this proposed rule change would definitely result in any
Members qualifying for the proposed tiers. While the Exchange has no
way of predicting with certainty how the proposed tiers will impact
Member activity, the Exchange anticipates that approximately at least
three Members will be able to compete for and achieve the amended
criteria in each of Tier 2 and Tier 3, and at least one Member will be
able to compete for and achieve the amended criteria in each of Tier 4
and Tier 5. The Exchange anticipates that the tiers will particularly
include liquidity providers, such as traditional Market Makers, and
wholesale or consolidator firms that mainly make markets for retail
orders, each providing distinct types of order flow to the Exchange to
the benefit of all market participants. The Exchange also notes that
the proposed tiers will not adversely impact any Member's pricing or
their ability to qualify for other rebate tiers. Rather, should a
Member not meet the proposed criteria for a tier, the Member will
merely not receive the corresponding additional rebate. Furthermore,
the existing rebate and fees will continue to uniformly apply to all
Members that meet the required criteria, as amended, per each
respective tier.

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 intramarket or intermarket competition that is not

necessary or appropriate in furtherance of the purposes of the Act.
Rather, as discussed above, the Exchange believes that the proposed
change would encourage the submission of additional liquidity to a
public exchange, thereby promoting market depth, price discovery and
transparency and enhancing order execution opportunities for all
Members. As a result, the Exchange believes that the proposed change
furthers the Commission's goal in adopting Regulation NMS of fostering
competition among orders, which promotes ``more efficient pricing of
individual stocks for all types of orders, large and small.'' \13\
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    \13\ Securities Exchange Act Release No. 51808, 70 FR 37495,
37498-99 (June 29, 2005) (S7-10-04) (Final Rule).
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    The Exchange believes the proposed rule change does not impose any
burden on intramarket competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Particularly, the proposed
change applies to all Members equally in that all Members are eligible
to achieve the tiers' proposed criteria, have a reasonable opportunity
to meet the tiers' proposed criteria and will all receive the existing
rebates if such criteria is met. Overall, the proposed change is
designed to attract additional Non-Customer (including, where
applicable, specifically Firm/Market Maker/Away MM) order flow to the
Exchange. The Exchange believes that the modified tier criteria would
incentivize market participants to strive to increase such order flow
to the Exchange to meet the proposed criteria and, as a result, provide
for deeper levels of liquidity, increasing trading opportunities for
other market participants, thus signaling further trading activity,
ultimately incentivizing more overall order flow and improving price
transparency on the Exchange. Greater overall order flow and pricing
transparency benefits all market participants on the Exchange by
generally providing continuous trading opportunities, enhancing market
quality, and continuing to encourage Members to send orders, thereby
contributing towards a robust and well-balanced market ecosystem, which
benefits all market participants.
    Next, the Exchange believes the proposed rule change does not
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. As previously
discussed, the Exchange operates in a highly competitive market.
Members have numerous alternative venues that they may participate on
and director their order flow, including 15 other options exchanges and
off-exchange venues. Additionally, the Exchange represents a small
percentage of the overall market. Based on publicly available
information, no single options exchange has more than 17% of the market
share.\14\ Therefore, no exchange possesses significant pricing power
in the execution of option order flow. Indeed, participants can readily
choose to send their orders to other exchange and off-exchange venues
if they deem fee levels at those other venues to be more favorable.
Moreover, the Commission has repeatedly expressed its preference for
competition over regulatory intervention in determining prices,
products, and services in the securities markets. Specifically, in
Regulation NMS, the Commission highlighted the importance of market
forces in determining prices and SRO revenues and, also, recognized
that current regulation of the market system ``has been remarkably
successful in promoting market competition in its broader forms that
are most important to investors and listed companies.'' \15\ The fact
that this market is competitive has also long been recognized by the
courts. In NetCoalition v. Securities and Exchange Commission, the D.C.
Circuit stated as follows: ``[n]o one disputes that competition for
order flow is `fierce.' . . . As the SEC explained, `[i]n the U.S.
national market system, buyers and sellers of securities, and the
broker-dealers that act as their order-routing agents, have a wide
range of choices of where to route orders for execution'; [and] `no
exchange can afford to take its market share percentages for granted'
because `no exchange possesses a monopoly, regulatory or otherwise, in
the execution of order flow from broker dealers'. . . .''.\16\
Accordingly, the Exchange does not believe its proposed fee change
imposes any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.
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    \14\ See supra note 3.
    \15\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005).
    \16\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
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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
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \17\ and paragraph (f) of Rule 19b-4 \18\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such 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. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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    \17\ 15 U.S.C. 78s(b)(3)(A).
    \18\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CboeBZX-2020-065 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-CboeBZX-2020-065. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public

Reference Room, 100 F Street NE, Washington, DC 20549, on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
the filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change. Persons submitting comments are cautioned that we do
not redact or edit personal identifying information from comment
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
CboeBZX-2020-065 and should be submitted on or before September 8,
2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-17823 Filed 8-14-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Rules and Regulations]
[Pages 40717-40720]
[FR Doc No: 2022-14377]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2022-0161]
RIN 1625-AA08

Special Local Regulation; Back River, Baltimore County, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local
regulations for certain waters of Back River. This action is necessary
to provide for the safety of life on these navigable waters located in
Baltimore County, MD during a high-speed power boat event on July 16,
2022 (alternate date on July 17, 2022). This regulation prohibits
persons and vessels from entering the regulated area unless authorized
by the Captain of the Port, Maryland-National Capital Region or the
Coast Guard Event Patrol Commander.

DATES: This rule is effective from 9 a.m. on July 16, 2022 through 6
p.m. on July 17, 2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0161 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 Mr. Ron Houck, U.S. Coast Guard Sector Maryland-National
Capital Region; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    Tiki Lee's Dock Bar of Sparrows Point, MD notified the Coast Guard
that they will be conducting the 2nd Annual Tiki Lee's Shootout on the
River, on Back River between Porter Point and Stansbury Point, in
Baltimore County, MD on July 16, 2022. In the event of inclement
weather on July 16, 2022, the event will be conducted from 10 a.m. to 5
p.m. on July 17, 2022. In response, on April 29, 2022, the Coast Guard
published a notice of proposed rulemaking (NPRM) titled ``Special Local
Regulation; Back River, Baltimore County, MD'' (87 FR 25434). There, we
stated why we issued the NPRM, and invited comments on our proposed
regulatory action related to this high-speed power boat event. During
the comment period that ended May 31, 2022, we received no comments.
    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. Due to the date of the event, it
would be impracticable to make the regulation effective 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because it would delay the safety measures necessary to respond to
potential safety hazards associated with this marine event. Hazards
from the high-speed power boat event include participants operating
within and adjacent to the designated navigation channel and
interfering with vessels intending to operate within that channel, as
well as operating within approaches to local marinas and boat
facilities and waterfront residential communities. Immediate action is
needed to protect participants, spectators, and other persons and
vessels during the high-speed power boat event on these navigable
waters.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port, Maryland-National Capital Region (COTP)
has determined that potential hazards associated with the high-speed
power boat event held on July 16, 2022 will be a safety concern for
anyone intending to operate within certain waters of Back River in
Baltimore County, MD in or near the event area.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published April
29, 2022. There are no substantive changes in the regulatory text of
this rule from the proposed rule in the NPRM. However, three
administrative errors have been found in the regulatory text of the
proposed rule. The first change is in the last sentence of subparagraph
(a)(1), changing the words ``aerobatics box'' to ``course area, buffer
area.'' The second change is in paragraph (b), removing the term
``Aerobatics Box'' and its definition, and adding the terms and
definitions for ``Course Area'' and ``Buffer Area.'' The third change
is in subparagraph (c)(4), changing the words ``aerobatics box'' to
``course area.'' Therefore, the regulatory text of this rule has been
changed to make those corrections.
    This rule establishes special local regulations from 9 a.m. on July
16, 2022 through 6 p.m. on July 17, 2022. The regulations will be
enforced from 9 a.m. to 6 p.m. on July 16, 2022, and if necessary due
to inclement weather on July 16, 2022, from 9 a.m. to 6 p.m. on July
17, 2022. The regulated area will cover all navigable waters of Back
River, within an area bounded by a line

connecting the following points: from the shoreline at Lynch Point at
latitude 39[deg]14'46'' N, longitude 076[deg]26'23'' W, thence
northeast to Porter Point at latitude 39[deg]15'13'' N, longitude
076[deg]26'11'' W, thence north along the shoreline to Walnut Point at
latitude 39[deg]17'06'' N, longitude 076[deg]27'04'' W, thence
southwest to the shoreline at latitude 39[deg]16'41'' N, longitude
076[deg]27'31'' W, thence south along the shoreline to the point of
origin, located in Baltimore County, MD. This rule provides additional
information about areas within the regulated area and their
definitions. These areas include ``Course Area,'' ``Buffer Area,'' and
``Spectator Areas.'' The size of the regulated area and duration of the
special local regulations are intended to ensure the safety of life on
these navigable waters before, during, and after the high-speed power
boat event, scheduled from 10 a.m. to 5 p.m. on July 16, 2022,
(alternate date on July 17, 2022). The COTP and the Coast Guard Event
Patrol Commander (PATCOM) will have authority to forbid and control the
movement of all vessels and persons, including event participants, in
the regulated area. When hailed or signaled by an official patrol, a
vessel or person in the regulated area will be required to immediately
comply with the directions given by the COTP or Event PATCOM. If a
person or vessel fails to follow such directions, the Coast Guard may
expel them from the area, issue them a citation for failure to comply,
or both.
    Except for 2nd Annual Tiki Lee's Shootout on the River participants
and vessels already at berth, a vessel or person will be required to
get permission from the COTP or Event PATCOM before entering the
regulated area. Vessel operators will be able to request permission to
enter and transit through the regulated area by contacting the Event
PATCOM on VHF-FM channel 16. Vessel traffic will be able to safely
transit the regulated area once the Event PATCOM deems it safe to do
so. A vessel within the regulated area must operate at safe speed that
minimizes wake. A person or vessel not registered with the event
sponsor as a participant or assigned as official patrols will be
considered a spectator. Official Patrols are any vessel assigned or
approved by the Commander, Coast Guard Sector Maryland-National Capital
Region with a commissioned, warrant, or petty officer on board and
displaying a Coast Guard ensign. Official Patrols enforcing this
regulated area can be contacted on VHF-FM channel 16 and channel 22A.
    If permission is granted by the COTP or Event PATCOM, a person or
vessel will be allowed to enter the regulated area or pass directly
through the regulated area as instructed. Vessels will be required to
operate at a safe speed that minimizes wake while within the regulated
area. A spectator vessel must not loiter within the navigable channel
while within the regulated area. Official patrol vessels will direct
spectators to the designated spectator area. Only participant vessels
and official patrol vessels will be allowed to enter and remain within
the course area. The Coast Guard will publish a notice in the Fifth
Coast Guard District Local Notice to Mariners and issue a marine
information broadcast on VHF-FM marine band radio announcing specific
event dates and times.

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 and
duration of the regulated area, which will impact a small designated
area of Back River for 18 total enforcement hours. This waterway
supports mainly recreational vessel traffic, which at its peak, occurs
during the summer season. The Coast Guard will issue a Broadcast Notice
to Mariners via VHF-FM marine channel 16 about the status of the
regulated area. Moreover, the rule will allow vessels to seek
permission to enter the regulated area, and vessel traffic will be able
to safely transit the regulated area once the Event PATCOM deems it
safe 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 received no comments from the Small Business
Administration on this rulemaking. 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
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area lasting for 18 total enforcement
hours. It is categorically excluded from further review under paragraph
L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. A Memorandum for the Record 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 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, 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:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.501T05-0161 to read as follows:

Sec.  100.501T05-0161   2nd Annual Tiki Lee's Shootout on the River,
Back River, Baltimore County, MD.

    (a) Locations. All coordinates are based on datum NAD 1983.
    (1) Regulated area. All navigable waters of Back River, within an
area bounded by a line connecting the following points: from the
shoreline at Lynch Point at latitude 39[deg]14'46'' N, longitude
076[deg]26'23'' W, thence northeast to Porter Point at latitude
39[deg]15'13'' N, longitude 076[deg]26'11'' W, thence north along the
shoreline to Walnut Point at latitude 39[deg]17'06'' N, longitude
076[deg]27'04'' W, thence southwest to the shoreline at latitude
39[deg]16'41'' N, longitude 076[deg]27'31'' W, thence south along the
shoreline to and terminating at the point of origin. The course area,
buffer area and spectator areas are within the regulated area.
    (2) Course Area. The course area is a polygon in shape measuring
approximately 1,400 yards in length by 50 yards in width. The area is
bounded by a line commencing at position latitude 39[deg]16'14.98'' N,
longitude 076[deg]26'57.38'' W, thence east to latitude
39[deg]16'15.36'' N, longitude 076[deg]26'55.56'' W, thence south to
latitude 39[deg]15'33.40'' N, longitude 076[deg]26'49.70'' W, thence
west to latitude 39[deg]15'33.17'' N, longitude 076[deg]26'51.60'' W,
thence north to and terminating at the point of origin.
    (3) Buffer Area. The buffer area is a polygon in shape measuring
approximately 100 yards in east and west directions and approximately
150 yards in north and south directions surrounding the entire course
area described in the preceding paragraph of this section. The area is
bounded by a line commencing at position latitude 39[deg]16'18.72'' N,
longitude 076[deg]27'01.74'' W, thence east to latitude
39[deg]16'20.36'' N, longitude 076[deg]26'52.39'' W, thence south to
latitude 39[deg]15'29.27'' N, longitude 076[deg]26'45.36'' W, thence
west to latitude 39[deg]15'28.43'' N, longitude 076[deg]26'54.94'' W,
thence north to and terminating at the point of origin.
    (4) Spectator Areas. (i) East Spectator Fleet Area. The area is a
polygon in shape measuring approximately 2,200 yards in length by 450
yards in width. The area is bounded by a line commencing at position
latitude 39[deg]15'20.16'' N, longitude 076[deg]26'17.99'' W, thence
west to latitude 39[deg]15'17.47'' N, longitude 076[deg]26'27.41'' W,
thence north to latitude 39[deg]16'18.48'' N, longitude
076[deg]26'48.42'' W, thence east to latitude 39[deg]16'25.60'' N,
longitude 076[deg]26'27.14'' W, thence south to latitude
39[deg]15'40.90'' N, longitude 076[deg]26'31.30'' W, thence south to
and terminating at the point of origin.
    (ii) Northwest Spectator Fleet Area. The area is a polygon in shape
measuring approximately 750 yards in length by 150 yards in width. The
area is bounded by a line commencing at position latitude
39[deg]16'01.64'' N, longitude 076[deg]27'11.62'' W, thence south to
latitude 39[deg]15'47.80'' N, longitude 076[deg]27'06.50'' W, thence
southwest to latitude 39[deg]15'40.11'' N, longitude 076[deg]27'08.71''
W, thence northeast to latitude 39[deg]15'45.63'' N, longitude
076[deg]27'03.08'' W, thence northeast to latitude 39[deg]16'01.19'' N,
longitude 076[deg]27'05.65'' W, thence west to and terminating at the
point of origin.
    (iii) Southwest Spectator Fleet Area. The area is a polygon in
shape measuring approximately 400 yards in length by 175 yards in
width. The area is bounded by a line commencing at position latitude
39[deg]15'30.81'' N, longitude 076[deg]27'05.58'' W, thence south to
latitude 39[deg]15'21.06'' N, longitude 076[deg]26'56.14'' W, thence
east to latitude 39[deg]15'21.50'' N, longitude 076[deg]26'52.59'' W,
thence north to latitude 39[deg]15'29.75'' N, longitude
076[deg]26'56.12'' W, thence west to and terminating at the point of
origin.
    (b) Definitions. As used in this section--
    Buffer area is a neutral area that surrounds the perimeter of the
Course Area within the regulated area described by this section. The
purpose of a buffer area is to minimize potential collision conflicts
with marine event participants or high-speed power boats and spectator
vessels or nearby transiting vessels. This area provides separation
between a Course Area and a specified Spectator Areas or other vessels
that are operating in the vicinity of the regulated area established by
the special local regulations.
    Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant

or petty officer who has been authorized by the COTP to act on his
behalf.
    Course area is an area described by a line bound by coordinates
provided in latitude and longitude within the regulated area defined by
this section that outlines the boundary of an course area reserved for
participant vessels competing in the event.
    Event Patrol Commander or Event PATCOM means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
    Official Patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
    Participant means all persons and vessels registered with the event
sponsor as participating in the ``2nd Annual Tiki Lee's Shootout on the
River'' event, or otherwise designated by the event sponsor as having a
function tied to the event.
    Spectator means a person or vessel not registered with the event
sponsor as participants or assigned as official patrols.
    Spectator Area is an area described by a line bound by coordinates
provided in latitude and longitude within the regulated area defined by
this section that outlines the boundary of an area reserved for non-
participant vessels watching the event.
    (c) Special local regulations. (1) The COTP Maryland-National
Capital Region or Event PATCOM may forbid and control the movement of
all vessels and persons, including event participants, in the regulated
area. When hailed or signaled by an official patrol, a vessel or person
in the regulated area shall immediately comply with the directions
given by the patrol. Failure to do so may result in the Coast Guard
expelling the person or vessel from the area, issuing a citation for
failure to comply, or both. The COTP Maryland-National Capital Region
or Event PATCOM may terminate the event, or a participant's operations
at any time the COTP Maryland-National Capital Region or Event PATCOM
believes it necessary to do so for the protection of life or property.
    (2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
    (3) A spectator must contact the Event PATCOM to request permission
to either enter or pass through the regulated area. The Event PATCOM,
and official patrol vessels enforcing this regulated area, can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and
channel 22A (157.1 MHz). If permission is granted, the spectator must
enter the designated Spectator Area or pass directly through the
regulated area as instructed by Event PATCOM. A vessel within the
regulated area must operate at safe speed that minimizes wake. A
spectator vessel must not loiter within the navigable channel while
within the regulated area.
    (4) Only participant vessels and official patrol vessels are
allowed to enter and remain within the course area.
    (5) A person or vessel that desires to transit, moor, or anchor
within the regulated area must obtain authorization from the COTP
Maryland-National Capital Region or Event PATCOM. A person or vessel
seeking such permission can contact the COTP Maryland-National Capital
Region at telephone number<PHONE_NUMBER> or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the Event PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
    (6) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event dates
and times.
    (d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
federal, state, and local agencies.
    (e) Enforcement periods. This section will be enforced from 9 a.m.
to 6 p.m. on July 16, 2022, and, if necessary due to inclement weather
on July 16, 2022, from 9 a.m. to 6 p.m. on July 17, 2022.

    Dated: June 30, 2022.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2022-14377 Filed 7-7-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Notices]
[Pages 14480-14481]
[FR Doc No: 2018-06809]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-B-1817]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before July 3, 2018.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://www.fema.gov/preliminaryfloodhazarddata and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1817, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email) [email protected].

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and also are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://www.fema.gov/preliminaryfloodhazarddata and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: March 22, 2018.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
                Iron County, Utah and Incorporated Areas
Project: 16-08-0636S Preliminary Date: December 15, 2009, July 29, 2011,
                         and September 28, 2017
------------------------------------------------------------------------
City of Cedar City.....................  Engineering Department, 10
                                          North Main Street, Cedar City,
                                          UT 84720.
City of Enoch..........................  City Manager Office, 900 East
                                          Midvalley Road, Enoch, UT
                                          84721.
City of Parowan........................  Planning and Zoning Committee,
                                          35 East 100 North, Parowan, UT
                                          84761.
Town of Kanarraville...................  Town Hall, 40 South Main
                                          Street, Kanarraville, UT
                                          84742.
Town of Paragonah......................  Town Hall, 44 North 100 West,
                                          Paragonah, UT 84760.
Unincorporated Areas of Iron County....  Iron County Engineering
                                          Department, 82 North 100 East,
                                          Suite 104, Cedar City, UT
                                          84720.
------------------------------------------------------------------------
            Frederick County, Virginia and Incorporated Areas
        Project: 12-03-0413S Preliminary Date: September 12, 2017
------------------------------------------------------------------------
Town of Middletown.....................  Town Office, 7735 Main Street,
                                          Middletown, VA 22645.
Town of Stephens City..................  Town Office, 1033 Locus Street,
                                          Stephens City, VA 22655.
Unincorporated Areas of Frederick        Frederick County Administration
 County.                                  Building, 107 North Kent
                                          Street, Suite 202, Winchester,
                                          VA 22601.
------------------------------------------------------------------------
                Independent City of Winchester, Virginia
        Project: 12-03-0413S Preliminary Date: September 12, 2017
------------------------------------------------------------------------
City of Winchester.....................  Rouss City Hall, 15 North
                                          Cameron Street, Winchester, VA
                                          22601.
------------------------------------------------------------------------

[FR Doc. 2018-06809 Filed 4-3-18; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Notices]
[Pages 74428-74429]
[FR Doc No: 2016-25873]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2005-0062; FRL-9954-49-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Procedures for Implementing the National
Environmental Policy Act and Assessing the Environmental Effects Abroad
of EPA Actions (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), ``Procedures for Implementing the
National Environmental Policy Act and Assessing the Environmental
Effects Abroad of EPA Actions (Renewal)'' (EPA ICR No. 2243.08, OMB
Control No. 2020-0033) to the Office of Management and Budget (OMB) for
review and approval in accordance with the Paperwork Reduction Act (44
U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is
currently approved through October 31, 2016. Public comments were
previously requested via the Federal Register (81 FR 35762) on June 3,
2016 during a 60-day comment period. This notice allows for an
additional 30 days for public comments. A fuller description of the ICR
is given below, including its estimated burden and cost to the public.
An Agency may not conduct or sponsor and a person is not required to
respond to a collection of information unless it displays a currently
valid OMB control number.

DATES: Additional comments may be submitted on or before November 25,
2016.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2005-0062, to (1) EPA online using www.regulations.gov (our
preferred method), or by mail to: EPA Docket Center, Environmental
Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    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.

FOR FURTHER INFORMATION CONTACT: Jessica Trice, Office of Federal
Activities, NEPA Compliance Division, 2252A, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
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 Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: The National Environmental Policy Act of 1969 (NEPA), 42
U.S.C. 4321-4347, establishes a national policy for the environment.
The Council on Environmental Quality (CEQ) oversees the NEPA
implementation. CEQ's Regulations at 40 CFR parts 1500 through 1508 set
the standard for NEPA compliance. They also require agencies to
establish their own NEPA implementing procedures. EPA's procedures for
implementing NEPA are found in 40 CFR part 6. Through this part, EPA
adopted the CEQ Regulations and supplemented those regulations for
actions by EPA that are subject to NEPA requirements. EPA actions
subject to NEPA include the award of wastewater treatment construction
grants under Title II of the Clean Water Act, EPA's issuance of new
source National Pollutant Discharge Elimination System (NPDES) permits
under section 402 of the Clean Water Act, certain research and
development projects, development and issuance of regulations, EPA
actions involving renovations or new construction of facilities, and
certain grants awarded for projects authorized by Congress through the
Agency's annual Appropriations Act. EPA is collecting information from
certain applicants as part of the process of complying with either NEPA
or Executive Order 12114 (``Environmental Effects Abroad of Major
Federal Actions''). EPA's NEPA regulations apply to the actions of EPA
that are subject to NEPA in order to ensure that environmental
information is available to the Agency's decision-makers and the public
before decisions are made and before actions are taken. When EPA
conducts an environmental assessment pursuant to its Executive Order
12114 procedures, the Agency generally follows its NEPA procedures.
Compliance with the procedures is the responsibility of EPA's
Responsible Officials, and for applicant proposed actions applicants
may be required to provide environmental information to EPA as part of
the environmental review process. For this Information Collection
Request (ICR), applicant-proposed projects subject to either NEPA or
Executive Order 12114 (and that are not addressed in other EPA
programs' ICRs) are addressed through the NEPA process.
    Form Numbers: None.
    Respondents/affected entities: Entities potentially affected by
this action are certain grant or permit applicants who must submit
environmental information documentation to EPA for their projects to
comply with NEPA or Executive Order 12114, including Wastewater
Treatment Construction Grants Program facilities, State and Tribal
Assistance Grant recipients and new source National Pollutant Discharge
Elimination System permittees.
    Respondent's obligation to respond: voluntary.
    Estimated number of respondents: 62 (total).
    Frequency of response: on occasion.
    Total estimated burden: 13,677 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $1,688,598 (per year), includes $2,145
annualized capital or operation & maintenance costs.
    Changes in the Estimates: There is a decrease of 23,848 hours in
the total estimated respondent burden compared with the ICR currently
approved by OMB. This decrease is due to fewer NEPA documents being
completed

following the elimination of awarding SAAP grants in 2010. This is
further supported by information posted online in EPA's NEPA Compliance
Database on NEPA documents for its own actions that require
documentation.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2016-25873 Filed 10-25-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: June 12, 2008 (Volume 73, Number 114)]
[Notices]
[Page 33466-33467]
[DOCID:fr12jn08-111]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

In the Matter of: Struthers, Inc. (n/k/a Global Marine, Ltd.),
Sun Vacation Properties Corp., and Sunshine Mining & Refining Co.,;
Order of Suspension of Trading

June 10, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Struthers, Inc. (n/k/a Global Marine Ltd.) because it has not filed any
periodic reports since the period ended September 30, 2001.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Sun Vacation Properties Corp. because it has not filed any periodic
reports since the period ended December 31, 2003.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Sunshine Mining & Refining Co. because it has not filed any periodic
reports since September 30, 2001.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies.
    Therefore, it is ordered, pursuant to section 12(k) of the
Securities Exchange Act of 1934, that trading in the above-listed
companies is suspended for the period from 9:30 a.m. EDT on June 10,
2008, through 11:59 p.m. EDT on June 23, 2008.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 08-1347 Filed 6-10-08; 10:23 am]

BILLING CODE 8010-01-P