[Federal Register Volume 88, Number 159 (Friday, August 18, 2023)]
[Rules and Regulations]
[Pages 56470-56471]
[FR Doc No: 2023-17750]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2023-0175]
RIN 1625-AA09

Drawbridge Operation Regulation; Pequonnock River, Bridgeport, CT

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the East Washington Street Bridge across the Pequonnock
River, mile 0.6, Bridgeport, CT. The drawbridge was converted to a
fixed bridge in 2022 and the operating regulation is no longer
applicable or necessary.

DATES: This rule is effective August 18, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0175. In the ``SEARCH'' box and click ``SEARCH.'' In the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Ms. Stephanie E. Lopez, First Coast Guard District,
Project Officer, telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this final 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), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is unnecessary. The East
Washington Street Bridge, that once required draw operations in 33 CFR
117.219(c), was converted to a fixed bridge in 2022. Therefore, the
regulation is no longer applicable and shall be removed from
publication. It is unnecessary to publish an NPRM because this
regulatory action does not purport to place any restrictions on
mariners but rather removes a restriction that has no further use or
value.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register because it is unnecessary. The
bridge has been a fixed bridge for one year and this rule merely
requires an administrative change to the Federal Register, in order to
omit a regulatory requirement that is no longer applicable or
necessary. The modification to a fixed bridge has already taken place
and the removal of the regulation will not affect mariners currently
operating on this waterway.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The East Washington Street Bridge was converted to a fixed bridge
in 2022. It has come to the attention of the Coast Guard that the
governing regulation for this drawbridge was never removed subsequent
to the completion of the conversion to a fixed bridge. The conversion
of this drawbridge to fixed bridge necessitates the removal of the
drawbridge operation regulation, 33 CFR 117.219(c), that pertains to
the former drawbridge.
    The purpose of this rule is to remove paragraph (c) of 33 CFR
117.219 that refers to the East Washington Street Bridge across the
Pequannock River, mile 0.6, Bridgeport, CT from the Code of Federal
Regulations since it governs a drawbridge that can longer be opened.

IV. Discussion of Final Rule

    The Coast Guard is removing the regulation in 33 CFR 117.219(c)
related to the draw operations for this bridge because it is no longer
a drawbridge. The change removes the paragraph of the regulation
governing the East Washington Street Bridge since the bridge has been
converted to a fixed bridge. This Final Rule seeks to update the Code
of Federal Regulations by removing language that governs the operation
of the East Washington Street Bridge, which in fact is no longer a
drawbridge. This change does not affect waterway or land traffic. This
change does not affect, nor does it alter the operating schedules in 33
CFR 117.219 (a) and (b) that govern the remaining active drawbridges on
the Pequonnock River.

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.

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, it has
not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the fact that the
bridge was modified to a fixed bridge and no longer operates as a
drawbridge. The removal of the operating schedule from 33 CFR
117.219(c) will have no effect on the movement of the Pequonnock River
or land traffic.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A.
above this final rule would 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
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

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

C. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    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
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series) which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has 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 promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further review, under paragraph L49, of Chapter 3, Table 3-1 of
the U.S. Coast Guard Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 00170.1, Revision No. 01.3.

0
2. Amend Sec.  117.219 by removing paragraph (c).

    Dated: July 28, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2023-17750 Filed 8-17-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 220 (Friday, November 13, 2020)]
[Notices]
[Pages 72674-72675]
[FR Doc No: 2020-25073]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3547-EM; Docket ID FEMA-2020-0001]

Louisiana; Amendment No. 1 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of an emergency declaration for
the State of Louisiana (FEMA-3547-EM), dated October 7, 2020, and
related determinations.

DATES: This amendment was issued October 9, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of an emergency declaration for
the State of Louisiana is hereby amended to include reimbursement for
eligible emergency protective measures for the following areas among
those areas determined to have been adversely affected by the event
declared an

emergency by the President in his declaration of October 7, 2020.

    The parishes of Grant, La Salle, Natchitoches, Sabine, Vernon,
and Winn for reimbursement for eligible emergency protective
measures (already designated for emergency protective measures
(Category B), limited to direct Federal assistance assistance).

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-25073 Filed 11-12-20; 8:45 am]
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			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on September 6, 2002

NOTICE OF ACTION TAKEN -- DOCKET OST 1995-243

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  AEROMEXPRESS, S.A. de C.V.
                               Date Filed:  August 21, 2002

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to continue to conduct all-cargo charter operations between
Mexico and the United States, and other all-cargo charters in accordance
with 14 CFR Part 212.

If renewal, date and citation of last action:  August 28, 2001, in this
Docket.

Applicant representative(s):  William C. Evans,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.			       			                        Action date:
September 6, 2002

Effective dates of authority granted:  September 6, 2002, through
September 6, 2003.

Basis for approval:  United States-Mexico Air Transport Services
Agreement

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated: Standard exemption
conditions.

Special conditions/Remarks:

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
_______________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp


[Federal Register: February 19, 2009 (Volume 74, Number 32)]
[Notices]
[Page 7719-7721]
[DOCID:fr19fe09-87]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59377; File No. SR-ISE-2009-04]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing of Proposed Rule Change Relating to the $1 Strike
Program

February 10, 2009.
    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 January 21, 2009, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change, on
February 9, 2009, filed Amendment No. 1 to the proposed rule change,
and on February 10, 2009 filed partial Amendment No. 2 to the proposed
rule change, as described in Items I, II, and III below, which items
have been prepared by the self-regulatory organization. The Commission
is publishing this notice to solicit comments on the proposed rule
change, as amended, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The ISE proposes to expand the $1 Strike Program. The text of the
proposed rule change is available on the Exchange's Web site (http://
www.ise.com), at the principal office of the Exchange, 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 self-regulatory organization
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 self-regulatory organization
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 purpose of the proposed rule change is to expand the $1 Strike
Program (the ``Program'').\3\ The Program

currently allows ISE to select a total of 10 individual stocks on which
option series may be listed at $1 strike price intervals. In order to
be eligible for selection into the Program, the underlying stock must
close below $50 in its primary market on the previous trading day. If
selected for the Program, the Exchange may list strike prices at $1
intervals from $3 to $50, but no $1 strike price may be listed that is
greater than $5 from the underlying stock's closing price in its
primary market on the previous day. The Exchange may also list $1
strikes on any other option class designated by another securities
exchange that employs a similar Program under their respective rules.
The Exchange may not list long-term option series (``LEAPS'') at $1
strike price intervals for any class selected for the Program. The
Exchange also is restricted from listing any series that would result
in strike prices being $0.50 apart.
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    \3\ The Commission approved the Program as a pilot on June 16,
2003. See Exchange Act Release No. 48033 (June 16, 2003), 68 FR
37036 (June 20, 2003). The pilot was subsequently extended through
June 5, 2008. See Exchange Act Release Nos. 49827 (June 8, 2004), 69
FR 33966 (June 17, 2004) (Extending the pilot until August 5, 2004);
50060 (July 22, 2004), 69 FR 45864 (July 30, 2004) (Extending the
pilot for 10 months until June 5, 2005); 51769 (May 31, 2005), 70 FR
33232 (June 7, 2005) (Extending the pilot until June 5, 2006); 53806
(May 15, 2006), 71 FR 29694 (Extending the pilot until June 5,
2007); and 55715 (May 7, 2007), 72 FR 26854 (May 11, 2007)
(Extending the pilot until June 5, 2008). The pilot was subsequently
expanded and made permanent in 2008. See Exchange Act Release No.
57169 (January 14, 2008), 73 FR 4654 (January 25, 2008) (Approving
SR-ISE-2007-110).
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    The Exchange now proposes to expand the Program to allow ISE to
select a total of 55 individual stocks on which option series may be
listed at $1 strike price intervals, and to expand slightly the price
range on which the Exchange may list $1 strikes, i.e., from $1 to $50.
The existing restrictions on listing $1 strikes would continue, i.e.,
no $1 strike price may be listed that is greater than $5 from the
underlying stock's closing price in its primary market on the previous
day, and ISE is restricted from listing any series that would result in
strike prices being $0.50 apart.
    As stated in the Commission order that initially approved ISE's
Program and in subsequent extensions and expansions of the Program, ISE
believes that $1 strike price intervals provide investors with greater
flexibility in the trading of equity options that overlie lower price
stocks by allowing investors to establish equity options positions that
are better tailored to meet their investment objectives. Indeed, member
firms representing customers have repeatedly requested that ISE seek to
expand the Program in terms of the number of classes on which option
series may be listed at $1 strike price intervals. The Exchange notes
that current market conditions, in which the number of securities
trading below $50 has increased dramatically, further warrant the
expansion of the Program.
    The Exchange is also proposing to set forth a delisting policy.
Specifically, the Exchange would, on a monthly basis, review series
that were originally listed under the $1 Strike Program with strike
prices that are more than $5 from the current values of the options
classes in the Program. The Exchange would delist series with no open
interest in both the put and the call series having a: (i) Strike
higher than the highest strike price with open interest in the put and/
or call series for a given expiration month; and (ii) strike lower than
the lowest strike price with open interest in the put and/or call
series for a given expiration month.
    Notwithstanding the proposed delisting policy, member requests to
add strikes and/or maintain strikes in certain options classes in
series eligible for delisting may be granted.
    Further, in connection with the proposed delisting policy, if the
Exchange identifies series for delisting, the Exchange shall notify
other options exchanges with similar delisting policies regarding
eligible series for listing, and shall work with such other exchanges
to develop a uniform list of series to be delisted so as to ensure
uniform series delisting of multiply listed options classes. ISE
expects that the proposed delisting policy will be adopted by other
options exchanges that amend their rules to employ a similar expansion
of the Program.
    With regard to the impact on system capacity, ISE has analyzed its
capacity and represents that it and the Options Price Reporting
Authority have the necessary systems capacity to handle the additional
traffic associated with the listing and trading of an expanded number
of series as proposed by this filing.
    The Exchange believes that the Program has provided investors with
greater trading opportunities and flexibility and the ability to more
closely tailor their investment strategies and decisions to the
movement of the underlying security. Furthermore, the Exchange has not
detected any material proliferation of illiquid options series
resulting from the narrower strike price intervals. For these reasons,
ISE requests an expansion of the current Program.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder and, in particular, the requirements of Section
6(b) of the Act.\4\ Specifically, the Exchange believes the proposed
rule change is consistent with Section 6(b)(5) \5\ requirements that
the rules of an exchange be designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts, to
remove impediments to and perfect the mechanism for a free and open
market and a national market system, and, in general, to protect
investors and the public interest. The Exchange believes that expanding
the current Program will result in a continuing benefit to investors by
giving them more flexibility to closely tailor their investment
decisions in greater number of securities.
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    \4\ 15 U.S.C 78f.
    \5\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not 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 not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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 http://
www.sec.gov/rules.sro.shtml); or

     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-ISE-04 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2009-04. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, on business days
between the hours of 10 a.m. and 3 p.m., located at 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 Number SR-ISE-2009-04 and should be
submitted on or before March 12, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-3422 Filed 2-18-09; 8:45 am]

BILLING CODE 8011-01-P