[Federal Register Volume 87, Number 179 (Friday, September 16, 2022)]
[Notices]
[Pages 56945-56946]
[FR Doc No: 2022-20024]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2022-0710; FRL-10148-01-OAR]

Access by EPA Contractors to Information Claimed as Confidential
Business Information Submitted Under the Clean Air Act and Related to
Various Fuel Quality Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of contractor access to data and request for comments.

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SUMMARY: The Environmental Protection Agency (EPA) plans to authorize
various contractors to access information that is submitted to EPA, and
which may be claimed as, or may be determined to be, confidential
business information (CBI). The information is related to EPA's fuel
quality programs, including fuel and fuel additive registration, the
renewable fuel standard, standards applicable to gasoline and diesel
fuel, and gasoline detergent additives.

DATES: Comments must be received on or before September 21, 2022.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2022-0710, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov
(our preferred method) Follow the online instructions for submitting
comments.
     Email: [email protected]. Include Docket ID No. EPA-
HQ-OAR-2022-0710 in the subject line of the message.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Air Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460.
     Hand Delivery or Courier: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operations are 8:30 a.m.-4:30 p.m.,
Monday-Friday (except Federal Holidays).
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov, including any personal information
provided. For the full EPA public comment policy, information about CBI
or multimedia submissions, and general guidance on making effective
comments, please visit http://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Anne-Marie Pastorkovich, Environmental
Protection Agency, telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. Does this notice apply to me?

    This action is directed to the public. However, this action may be
of particular interest to parties who submit information to EPA
regarding various fuel standards, such as fuel and fuel additive
registration under 40 CFR part 79; the renewable fuel standard (RFS)
under 40 CFR part 80; and the standards for reformulated and
conventional gasoline, regulated blendstocks, diesel fuel, and
detergent under 40 CFR part 1090. Parties who may be interested in this
action include fuel manufacturers (such as refiners and importers),
renewable fuel producers, biointermediate producers, manufacturers of
fuel additives, renewable fuel exporters, parties in the fuel
distribution chain, and all those who submit registrations or reports
to EPA via any method or system. Existing e-registration and e-
reporting systems include the EPA Central Data Exchange (CDX), DCFUEL,
OTAQREG, and the EPA Moderated Transaction System (EMTS).
    This Federal Register notice may be of relevance to parties that
submit data and other information under the above-listed programs or
systems. Since other parties may also be interested, we have not
attempted to describe all the specific parties that may be affected by
this action. If you have further questions regarding the applicability
of this action to a party, please contact the person listed in FOR
FURTHER INFORMATION CONTACT.

II. Public Participation

    Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2022-
0710 at https://www.regulations.gov (our preferred method), or the
other methods identified in the ADDRESSES section. Once submitted,
comments cannot be edited or removed from the docket. EPA may publish
any comment received to its public docket. Do not submit to EPA's
docket at https://www.regulations.gov any information you consider to
be confidential business information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

III. Description of Programs and Potential Disclosure of Information
Claimed as Confidential Business Information (CBI) to Contractors

    EPA's Office of Transportation and Air Quality (OTAQ) has
responsibility for protecting public health and the environment by
regulating air pollution from motor vehicles, engines, and the fuels
used to operate them, and by encouraging travel choices that minimize
emissions. To implement various Clean Air Act (CAA) programs, and to
permit regulated entities flexibility in meeting regulatory
requirements (e.g., compliance on average), we collect compliance
reports and other information from them. Parties may claim the
submitted information as CBI. Information submitted under such a claim
is handled in accordance with EPA's regulations at 40 CFR part 2,
subpart B and in accordance with EPA procedures, including
comprehensive system security planning. When EPA has determined that
disclosure of information claimed as CBI to contractors is necessary,
the corresponding contract must address the appropriate use and
handling of the information by the contractor and the contractor must
require its personnel who require access to information claimed as CBI
to sign written non-disclosure agreements before they are granted
access to data.
    In accordance with 40 CFR 2.301(h), we have determined that the
contractors, subcontractors, and grantees (collectively referred to as
``contractors'') listed below require access to CBI submitted to us
under the CAA and in connection with various programs related to the
regulation of fuels under 40 CFR parts 79, 80 and 1090. OTAQ collects
this data to monitor compliance with CAA programs and, in many cases,
to permit regulated parties flexibility in meeting regulatory
requirements. Certain programs under 40 CFR parts 79, 80 and 1090 are
designed to permit regulated parties an opportunity to comply on
average, or to engage in transactions using various types of credits.
For example, parties that participate in programs that utilize credits
(e.g., the gasoline sulfur and gasoline benzene

program, or renewable identification numbers, RINs, in RFS) submit
information related to credit or RIN transactions. Data submitted under
40 CFR parts 79, 80 and1090 includes information related to fuel and
fuel additives (e.g., chemical formulas), renewable fuels, gasoline,
diesel fuel, gasoline detergent additives, and regulated blendstocks.
Fuels program data is reviewed and assessed to determine the
environmental performance of the programs or to plan for regulatory
improvements. We are issuing this notice to inform all affected
submitters of information that we plan to grant access to material that
may be claimed as CBI to the contractors identified below on a need-to-
know basis.
    Under EPA Contract Number HHSN316201200188, VMD Systems
Integrators, Incorporated (``VMD''), 4114 Legato Rd. Suite 700, Fairfax
Virginia 22033-4002 provides report processing, program support,
technical support and analysis and information technology services that
involve access to information claimed as CBI related to 40 CFR parts
79, 80, and 1090. General Dynamics Information Technology (GDIT), 3150
Fairview Park Drive, Falls Church, Virginia, 22042, is a subcontractor
of VMD performing work on this contract. GDIT, in turn, has the
following subcontractors:
     Ferguson Digital Solutions Inc., 12639 Blue Sky Drive,
Clarksburg Maryland 20871;
     Powersolv, Inc., 1801 Robert Fulton Drive, Suite 550,
Reston, Virginia 20191;
     Potomac Economics, LTD, 9990 Fairfax Blvd., Suite 560,
Fairfax, Virginia 22030; and
     Premier ITech, Inc., 8869 Grand Ave., Beulah, Colorado
81023.
    Access to data by VMD and its subcontractors will begin September
26, 2022 and will continue until June 30, 2027. If the contract is
extended, this access will continue for the remainder of the contract
without further notice. If the contract expires prior to June 30, 2027,
the access will cease at that time. If VMD employs additional
subcontractors to support EPA on a regular basis or on a limited or
one-time basis under the above-listed contract, and those
subcontractors require access to CBI, EPA will notify interested
parties of the contemplated disclosure and provide them with an
opportunity to comment by publishing a notice in the Federal Register.
    Under General Services Administration (GSA) Alliant Contract number
GS00Q09BGD0022, FEDSIM Task Order 47QFCA-18-F-0009, Project Number:
00045-OAR-000, CGI Federal, Incorporated, 12601 Fair Lakes Circle,
Fairfax, Virginia 22033-4902, provides report processing, program
support, technical support and analysis and information technology
services that involve access to information claimed as CBI related to
40 CFR parts 79, 80, and 1090. Access to data by CGI will begin
September 26, 2022 and will continue until at least February 25, 2023.
If the project date extended, this access will continue without further
notice. If the project ends prior to February 25, 2023, the access will
cease at that time. If CGI employs subcontractors to support EPA on a
regular basis or on a limited or one-time basis under the above-listed
contract, and those subcontractors require access to CBI, EPA will
notify interested parties of the contemplated disclosure and provide
them with an opportunity to comment by publishing a notice in the
Federal Register.
    EPA uses the services of Senior Environmental Employees (SEEs)
whose involve access to information claimed as CBI. These SEEs are
provided by the Center for Workforce Inclusion (CWI). The Grant Numbers
are 84021701--Washington, DC; and Grant Number 83967201--Ann Arbor, MI.
CWI is located at 8403 Colesville Road, Suite 200, Silver Spring, MD
20910. The Ann Arbor, MI Grant Number 83967201 will expire on September
30, 2022, and the work will continue with CWI under new Grant Number
8404420, starting October 1, 2022. Access to data by CWI SEEs will
begin September 26, 2022 and will continue indefinitely thereafter. If
the grantee providing SEEs changes, EPA will notify interested parties
of the contemplated disclosure and provide them with an opportunity to
comment by publishing a notice in the Federal Register.
    Parties who want further information about this notice or about
OTAQ's disclosure of information claimed as CBI to contactors may
contact the person listed under FOR FURTHER INFORMATION CONTACT.

Byron Bunker,
Director, Compliance Division, Office of Transportation & Air Quality.
[FR Doc. 2022-20024 Filed 9-15-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Notices]
[Pages 50639-50640]
[FR Doc No: 2015-20540]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-N-0001]

Bone, Reproductive, and Urologic Drugs Advisory Committee; Notice
of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Bone, Reproductive, and Urologic Drugs Advisory
Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on November 3, 2015, from
8:30 a.m. to 5 p.m.
    Location: FDA White Oak Campus, 10903 New Hampshire Ave., Bldg. 31
Conference Center, the Great Room (rm. 1503), Silver Spring, MD 20993-
0002. Answers to commonly asked questions including information
regarding special accommodations due to a disability, visitor parking,
and transportation may be accessed at: http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.
    Contact Person: Kalyani Bhatt, Center for Drug Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
31, Rm. 2417, Silver Spring, MD 20993-0002,<PHONE_NUMBER>, FAX: 301-847-
8533, email<EMAIL_ADDRESS>or FDA Advisory Committee Information
Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC area). A
notice in the Federal Register about last minute modifications that
impact a previously announced advisory committee meeting cannot always
be published quickly enough to provide timely notice. Therefore, you
should always check the Agency's Web site at http://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before coming to
the meeting.
    Agenda: The committee will discuss new drug application (NDA)
207959, enclomiphene citrate 12.5 milligram (mg) and 25 mg capsules,
submitted by Repros Therapeutics, Inc., for the proposed treatment of
secondary hypogonadism in fertile men (men with more than 15 million
sperm/milliliter (ml)), younger than 60 years of age with a Body Mass
Index (BMI) over 25 kilograms (kg)/meters squared (m2).
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
October 20, 2015. Oral presentations from the public will be scheduled
between approximately 1 p.m. and 2 p.m. Those individuals interested in
making formal oral presentations should notify the contact person and
submit a brief statement of the general nature of the evidence or
arguments they wish to present, the names and addresses of proposed
participants, and an indication of the approximate time requested to
make their presentation on or before October 9, 2015. Time allotted for
each presentation may be limited. If the number of registrants
requesting to speak is greater than can be reasonably accommodated
during the scheduled open public hearing session, FDA may conduct a
lottery to determine the speakers for the scheduled open public

hearing session. The contact person will notify interested persons
regarding their request to speak by October 13, 2015.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Kalyani Bhatt at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: August 14, 2015.
Jill Hartzler Warner,
Associate Commissioner for Special Medical Programs.
[FR Doc. 2015-20540 Filed 8-19-15; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: July 28, 2009 (Volume 74, Number 143)]
[Proposed Rules]
[Page 37185-37186]
[DOCID:fr28jy09-15]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-0303(b); FRL-8936-1]

Approval and Promulgation of Implementation Plans; South
Carolina; Transportation Conformity Memorandum of Agreement Update

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a revision to the South Carolina
State Implementation Plan (SIP) submitted on November 28, 2008, through
the South Carolina Department of Health and Environmental Control. This
revision consists of transportation conformity criteria and procedures
related to interagency consultation and enforceability of certain
transportation-related control measures and mitigation measures. The
intended effect is to update the transportation conformity criteria and
procedures in the South Carolina SIP.
    In the Final Rules Section of this Federal Register, EPA is
approving the State's SIP revision as a direct final rule without prior
proposal because the Agency views this as a noncontroversial submittal
and anticipates no adverse comments. A detailed rationale for the
approval is set forth in the direct final rule. If no adverse comments
are received in response to this rule, no further activity is
contemplated. If EPA receives adverse comments, the direct final rule
will be withdrawn and all public comments received will be addressed in
a subsequent final rule based on this proposed rule. EPA will not
institute a second comment period on this document. Any parties
interested in commenting on this document should do so at this time.

DATES: Written comments must be received on or before August 27, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2009-0303, by one of the following methods:
    a. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    b. E-mail<EMAIL_ADDRESS>    c. Fax:<PHONE_NUMBER>.
    d. Mail: EPA-R04-OAR-2009-0303, Air Quality Modeling and
Transportation Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency,

Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960.
    e. Hand Delivery or Courier: Amanetta Wood, Air Quality Modeling
and Transportation Section, Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30, excluding Federal holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Amanetta Wood of the Air Quality
Modeling and Transportation Section at the Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. Ms. Wood's telephone number is<PHONE_NUMBER>. She can also
be reached via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For additional information see the direct
final rule which is published in the Rules Section of this Federal
Register.

    Dated: July 8, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. E9-17817 Filed 7-27-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Rules and Regulations]
[Pages 40442-40445]
[FR Doc No: 2022-14484]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket Number USCG-2022-0374]
RIN 1625-AA08, 1625-AA00

Special Local Regulation and Safety Zone; Back River, Baltimore
County, MD

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary regulations for
certain waters of the Back River. This action is necessary to provide
for the safety of life on these navigable waters near Baltimore County,
MD, during a fireworks display on July 16, 2022. This regulation
prohibits persons and vessels from being in the regulated area and
safety zone unless authorized by the Captain of the Port, Maryland-
National Capital Region or a designated representative.

DATES: This rule is effective from 8 p.m. to 10:30 p.m. on July 16,
2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0374 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

    On February 8, 2022, Fantastic Fireworks, on behalf of Tiki Lee's
Dock Bar, notified the Coast Guard that it will be conducting a
fireworks display between 9 and 10 p.m. on July 16, 2022, as a part of
the ``Shootout on the River'' event activities. The fireworks are to be
launched from a barge in the Back River located near Tiki Lee's Dock
Bar in Sparrows Point, MD. Hazards from firework displays include
accidental discharge of fireworks, dangerous projectiles, and falling
hot embers or other debris. The Captain of the Port, Maryland-National
Capital Region (COTP) has determined that potential hazards associated
with the fireworks to be used in this display would be a safety concern
for anyone within a 420-foot radius of the barge. The Coast Guard
anticipates a large spectator fleet for these events. In response, on
May 20, 2022, the Coast Guard published a notice of proposed rulemaking
(NPRM) titled ``Special Local Regulation and Safety Zone; Back River,
Baltimore County, MD'' (87 FR 30846). There, we stated why we issued
the NPRM, and invited comments on our proposed regulatory action
related to this fireworks event. During the comment period that ended
June 21, 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 and contrary to the public interest 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 fireworks event. Hazards include explosive materials,
dangerous projectiles, and falling debris. The fireworks fall out zone
extends across the navigable channel.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231) and 46 U.S.C. 70041. The Captain of
the Port, Maryland-National Capital Region (COTP) has determined that
potential hazards associated with the fireworks to be used in the July
16, 2022, display 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 May
20, 2022. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
    This rule establishes a special local regulation for the area in
the Back River

in which spectating vessels will transit and gather. The regulated area
covers 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. The regulated area is
approximately 4,200 yards in length and 1,200 yards in width.
    In addition to establishing a special local regulation, the COTP is
establishing a temporary safety zone around the fireworks discharge
site, in approximate position latitude 39[deg]15'35.54'' N, longitude
76[deg]26'56.62'' W. The safety zone covers all navigable waters within
420 feet of a fireworks barge in the Back River located near Tiki Lee's
Dock Bar in Sparrow's Point, MD. The duration of the zone is intended
to ensure the safety of vessels and these navigable waters before,
during, and after the scheduled fireworks display. No vessel or person
would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.

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,
duration, and time-of-day of the special local regulation and safety
zone, which would impact a small designated area of the Back River for
a total of no more than 2.5 enforcement hours during the evening when
vessel traffic is normally low. Moreover, the Coast Guard will issue
Local Notices to Mariners and a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zones.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard 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 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
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, and within 33 CFR part 165
establishing a temporary safety zone that would prohibit entry within
420 feet of a fireworks barge, both lasting a total of 2.5 consecutive
hours.

It is categorically excluded from further review under paragraph L60(a)
of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
A Record of Environmental Consideration supporting this determination
is available in the docket. For instructions on locating the docket,
see the ADDRESSES section of this preamble.

G. Protest Activities

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

List of Subjects

33 CFR Part 100

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

33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 100 and 165 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.  100.501T05-0374 to read as follows:

Sec.  100.501T05-0374   2022 Tiki Lee's Shootout on the River
Fireworks, Back River, Baltimore County, MD.

    (a) Locations. All coordinates are based on datum North American
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.
    (2) [Reserved]
    (b) Definitions. As used in this section--
    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.
    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 a person or vessel registered with the event
sponsor as participating in the ``2022 Tiki Lee's Shootout on the River
Fireworks'' 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.
    (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 described in paragraph (a)(1) of this section. 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 the 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 a 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) 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).
    (5) 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 period. This section will be enforced from 8 p.m.
to 10:30 p.m. on July 16, 2022.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
4. Add Sec.  165.T05-0374 to read as follows:

Sec.  165.T05-0374   Safety Zone; Back River, Baltimore County, MD.

    (a) Location. The following area is a safety zone: All navigable
waters of the Back River within 420 feet of the fireworks barge in
approximate position latitude 39[deg]15'35.54'' N, longitude
76[deg]26'56.62'' W. These coordinates are based on datum North
American Datum (NAD) 1983.
    (b) Definitions. As used in this section--
    Captain of the Port (COTP) means the Commander, U.S. Coast Guard
Sector Maryland-National Capital Region.
    Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port, Maryland-National Capital Region to assist in

enforcing the safety zone described in paragraph (a) of this section.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by telephone at<PHONE_NUMBER> or on Marine Band Radio
VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this
section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8
MHz).
    (3) Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
    (e) Enforcement period. This section will be enforced from 8 p.m.
to 10:30 p.m. on July 16, 2022.

    Dated: July 1, 2022.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2022-14484 Filed 7-6-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
[Notices]
[Pages 15209-15210]
[FR Doc No: 2019-07420]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC19-8-000]

Commission Information Collection Activities Consolidated Comment
Request; Extension (FERC-606 and FERC-607)

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of information collection and request for comments.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on the currently approved
information collection FERC-606, (Notification of Request for Federal
Authorization and Requests for Further Information), and FERC-607,
(Report on Decision or Action on Request for Federal Authorization) and
submitting the information collections to the Office of Management and
Budget (OMB) for review. Any interested person may file comments
directly with OMB and should address a copy of those comments to the
Commission as explained below. On February 8, 2019, the Commission
published a Notice in the Federal Register in Docket No. IC19-8-000
requesting public comments. The Commission received no public comments
and is noting that in the related submittal to OMB.

DATES: Comments on the collection of information are due May 15, 2019.

ADDRESSES: Comments filed with OMB, identified by OMB Control No. 1902-
0241, should be sent via email to the Office of Information and
Regulatory Affairs: [email protected]. Attention: Federal Energy
Regulatory Commission Desk Officer.
    A copy of the comments should also be sent to the Commission, in
Docket No. IC19-8-000, by either of the following methods:
     eFiling at Commission's Website: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance, contact FERC Online Support
by email at [email protected], or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
[email protected], telephone at<PHONE_NUMBER>, and fax at (202)
273-0873.

SUPPLEMENTARY INFORMATION:
    Title: FERC-606, Notification of Request for Federal Authorization
and Requests for Further Information; FERC-607, Report on Decision or
Action on Request for Federal Authorization.
    OMB Control No.: 1902-0241.
    Type of Request: Three-year extension of these information
collection requirements for all collections described below with no
changes to the current reporting requirements. Please note that each
collection is distinct from the other.
    Abstract: FERC-606 requires agencies and officials responsible for
issuing, conditioning, or denying requests for federal authorizations
necessary for a proposed natural gas project to report to the
Commission regarding the status of an authorization request. This
reporting requirement is intended to allow agencies to assist the
Commission to make better informed decisions in establishing due dates
for agencies' decisions. FERC-607 requires agencies or officials to
submit to the Commission a copy of a decision or action on a request
for federal authorization and an accompanying index to the documents
and materials relied on in reaching a conclusion.
    The information collections can neither be discontinued nor
collected less frequently because of statutory requirements. The
consequences of not collecting this information are that the Commission
would be unable to fulfill its statutory mandate under the Energy
Policy Act of 2005 to:

     Establish a schedule for agencies to review requests for
federal authorizations required for a project, and
     Compile a record of each agency's decision, together with
the record of the Commission's decision, to serve as a consolidated
record for the purpose of appeal or review, including judicial review.
    Type of Respondent: Agencies with federal authorization
responsibilities.
    Estimate of Annual Burden: \1\ The Commission estimates the annual
public reporting burden and cost \2\ (rounded) for the information
collection as follows:
---------------------------------------------------------------------------

    \1\ Burden is defined as the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. For
further explanation of what is included in the information
collection burden, refer to 5 CFR 1320.3.
    \2\ The estimates for cost per response are derived using the
formula: Average Burden Hours per Response * 79.00 per hour =
Average Cost per Response. The hourly cost figure comes from the
FERC average salary plus benefits of $164,820 per year (or $79.00/
hour). These estimates were updated in May 2018. This figure is
being used because the staff thinks industry is similarly situated
in terms of average hourly cost.

FERC-606 (Notification of Request for Federal Authorization and Requests for Further Information), and FERC-607 (Report on Decision or Action on Request
                                                               for Federal Authorization)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Annual number                                                 Total annual burden
                                     Number of       of responses    Total number of    Average burden hours &    hours & total annual       Cost per
                                    respondents     per respondent      responses         cost per response               cost           respondent  ($)
                                              (1)              (2)    (1) * (2) = (3)  (4)....................  (3) * (4) = (5)........  (5) / (1) x (2)
--------------------------------------------------------------------------------------------------------------------------------------------------------
FERC-606........................                6                1                  6  4 hrs.; $316...........  24 hrs.; $1,896........             $316
FERC-607........................                1                1                  1  1 hr.; $79.............  1 hr.; $79.............               79
                                 -----------------------------------------------------------------------------------------------------------------------
    Total.......................                7  ...............                  7  .......................  25 hrs.; $1,975........  ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Comments: Comments are invited on: (1) Whether the collections of
information are necessary for the proper performance of the functions
of the Commission, including whether the information will have
practical utility; (2) the accuracy of the agency's estimates of the
burden and cost of the collections of information, including the
validity of the methodology and assumptions used; (3) ways to enhance
the quality, utility and clarity of the information collections; and
(4) ways to minimize the burden of the collections of information on
those who are to respond, including the use of automated collection
techniques or other forms of information technology.

    Dated: April 9, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-07420 Filed 4-12-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 39 (Wednesday, March 1, 2017)]
[Notices]
[Pages 12269-12270]
[FR Doc No: 2017-03984]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80100; File No. SR-ISE-2017-15]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Delay Directed Orders

February 24, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 23, 2017, the International Securities Exchange, LLC
(``ISE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to delay the implementation of the Directed
Orders \3\ functionality on ISE.
---------------------------------------------------------------------------

    \3\ ISE currently operates a Directed Orders system in which
Electronic Access Members (``EAMs'') can send an order to a DMM for
possible price improvement. If a DMM accepts Directed Orders
generally, that DMM must accept all Directed Orders from all EAMs.
Once such a DMM receives a Directed Order, it either (i) must enter
the order into the Exchange's PIM auction and guarantee its
execution at a price better than the ISE best bid or offer (``ISE
BBO'') by at least a penny and equal to or better than the NBBO or
(ii) must release the order into the Exchange's limit order book, in
which case there are certain restrictions on the DMM interacting
with the order. See ISE Rule 811.
---------------------------------------------------------------------------

    The text of the proposed rule change is available on the Exchange's
Web site at 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 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 delay the implementation of the Directed
Orders functionality in ISE Rule 811. The Exchange proposes to no
longer offer the functionality as of February 24, 2017. The Exchange
has notified Members that the functionality will no longer be available
by issuing a Market Information Circular. The Exchange proposes to
launch this functionality within one year from the date of filing of
this rule change to be announced in a separate notice.\4\ The Exchange
notes that ISE Gemini functionality is also similarly being turned off
on February 24, 2017.\5\
---------------------------------------------------------------------------

    \4\ The separate notice will be an Options Trader Alert.
    \5\ See Securities Exchange Act Release No. 80011 (February 10,
2017), 82 FR 10927 (SR-ISEGemini-2016-17) (Order Approving Proposed
Rule Change, as Modified by Amendment Nos. 1 and 2, To Amend Various
Rules in Connection With a System Migration to Nasdaq INET
Technology).
---------------------------------------------------------------------------

    The Exchange desires to turn off this functionality at this time
and rollout this functionality at a later date in light of the upcoming
migration to the new INET platform. The Exchange is staging the
replatform to provide maximum benefit to its Members while also
ensuring a successful rollout. This delay will provide the Exchange
additional time to test and implement this functionality. The Exchange
notes that no market participant would be impacted by the delay in
implementation as no participants currently utilize this feature on ISE
because no market participant has utilized the Directed Orders
functionality in the last thirteen months.
    The Exchange will introduce the Directed Orders functionality on
ISE within one year from the date of this filing, otherwise the
Exchange will file a rule proposal with the Commission to remove these
rules.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\6\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\7\ in particular, in that it is designed to promote
just and equitable principles of trade, 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
because the Exchange desires to rollout this functionality at a later
date to allow additional time to rebuild this technology on the new
platform. By turning off the functionality on February 24, 2017, this
will provide the Exchange additional time to test and implement this
functionality, which is not being amended. The Exchange believes that
Members have been given adequate notice of the implementation dates.
The Exchange notes that Members are aware of the Exchange's efforts to
replatform to the INET technology and no Member is using the Directed
Orders functionality. The Exchange will continue to provide
notifications to Members to ensure clarity about the availability of
this functionality. The Exchange will note the applicable dates within
the rule text as to the availability of this functionality.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not believe
that the proposed rule change will impact the intense competition that
exists in the options market. No market participant will be impacted by
turning off this functionality and delaying its implementation as no
participants currently utilize this feature on ISE. The Exchange plans
to offer the functionality after a period of delay.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \8\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\9\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Commission has waived the five-day prefiling requirement in this
case.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \10\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \11\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest.
The Exchange represents that waiver of the operative delay would
provide the Exchange additional time to implement the Directed Orders
functionality and ensure that it is properly functioning prior to
implementation on INET. The Exchange states that it provided notice of
the proposed rule change to Members on February 17, 2017. The
Commission notes that the Exchange represents that there will be no
adverse effect from turning off this functionality for a short period
of time because no market participant has utilized the Directed Orders
functionality in the last thirteen months. Accordingly, the Commission
hereby waives the operative delay and designates the proposal operative
upon filing.\12\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2017-15 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-ISE-2017-15. 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 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 Web site 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; 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-2017-15 and should be
submitted on or before March 22, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-03984 Filed 2-28-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: March 12, 2009 (Volume 74, Number 47)]
[Proposed Rules]
[Page 10691-10692]
[DOCID:fr12mr09-12]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0002; Airspace Docket No. 09-AWP-1]

Proposed Establishment of Class E Airspace; Kona, HI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class E airspace at Kona
International Airport at Keahole, Kona, HI. Additional controlled
airspace is necessary to accommodate aircraft utilizing the Kona
International Airport at Keahole when the Air Traffic Control Tower is
non operational. The FAA is proposing this action to enhance the safety
and management of aircraft operations at Kona International Airport at
Keahole, Kona, HI.

DATES: Comments must be received on or before April 27, 2009.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590.
Telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2009-
0002; Airspace Docket No. 09-AWP-1, at the beginning of your comments.
You may also submit comments through the Internet at http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, AJV-W2, Western Service
Center, 1601 Lind Avenue, SW., Renton, WA 98057; telephone (425) 203-
4537.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA 2009-0002 and Airspace Docket No. 09-AWP-1) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2009-0002 and Airspace Docket No. 09-AWP-1''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue, SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by establishing Class E airspace at Kona
International Airport at Keahole, Kona, HI. Controlled airspace

is necessary to accommodate aircraft utilizing the Kona International
Airport at Keahole when the Air Traffic Control Tower is non-
operational. This airspace is effective during the specific dates and
times established in advance by a Notice to Airmen. This action would
enhance the safety and management of aircraft operations at Kona
International Airport at Keahole, Kona, HI.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.9S, signed October 3, 2008, and effective October 31,
2008, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in this Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation: (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified that this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority for the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of that
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes additional controlled airspace at Kona International
Airport at Keahole, Kona, HI.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

    1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the FAA Order
7400.9S, Airspace Designations and Reporting Points, signed October 3,
2008, and effective October 31, 2008 is amended as follows:

Paragraph 6002 Class E airspace designated as surface areas.

* * * * *

AWP HI E2 Kailua-Kona, HI [New]

Kona International Airport at Keahole, HI
    (Lat. 19[deg]44'20'' N., long. 156[deg]02'44'' W.)

    That airspace extending upward from the surface to and including
2,500 feet MSL within a 4.3-mile radius of Kona International
Airport at Keahole. This Class E airspace area is effective during
the specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Airport/Facility Directory, Pacific Chart
supplement.
* * * * *

    Issued in Seattle, Washington, on February 17, 2009.
H. Steve Karnes,
Acting Manager, Operations Support Group, Western Service Center.
 [FR Doc. E9-5280 Filed 3-11-09; 8:45 am]

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[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Notices]
[Pages 3863-3864]
[FR Doc No: 2018-01402]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0342]

Hours of Service of Drivers: Application for Exemption; SikhsPAC
and the North American Punjabiz Trucker Association

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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

SUMMARY: FMCSA announces that it has received a joint application from
SikhsPAC and the North American Punjabiz Trucker Association
(applicants) on behalf of their members for an exemption from the
electronic logging device (ELD) requirements. The exemption would allow
members involved in segments of America's agricultural transportation
industry to delay using ELDs. The applicants expressed their concerns
about how the ELD mandate would negatively impact their industry if the
exemption is not granted. According to the applicants, granting the
exemption would achieve a level of safety equivalent to the level
achieved by the ELD mandate. FMCSA requests public comment on the
applicants' application for exemption.

DATES: Comments must be received on or before February 26, 2018.

ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2017-0342 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251
     Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The on-line FDMS is available 24 hours each
day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, contact Mr. Thomas Yager, Chief, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone:<PHONE_NUMBER>. Email: [email protected]. If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2017-0342), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
    To submit your comments online, go to www.regulations.gov and put
the docket number, ``FMCSA-2017-0342''

in the ``Keyword'' box, and click ``Search.'' When the new screen
appears, click on ``Comment Now!'' button and type your comment into
the text box in the following screen. Choose whether you are submitting
your comment as an individual or on behalf of a third party and then
submit. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the facility, please enclose a
stamped, self-addressed postcard or envelope. FMCSA will consider all
comments and material received during the comment period and may grant
or not grant this application based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations (FMCSRs). FMCSA must publish a notice of each exemption
request in the Federal Register (49 CFR 381.315(a)). The Agency must
provide the public an opportunity to inspect the information relevant
to the application, including any safety analyses that have been
conducted. The Agency must also provide an opportunity for public
comment on the request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).

III. Request for Exemption

    In addition to this exemption request, applicants have filed a
request for a delay in ELD enforcement and a request for an ELD waiver.
Those issues are being addressed through separate processes and will
not be discussed further in this notice.
    The applicants request an exemption from the ELD requirements on
behalf of their members (fresh produce shippers and small truck
businesses). According to the applicants, many of their members are not
fully prepared to meet the December 18, 2017, compliance date.
Additionally, the current ELD retail marketplace does not accommodate
the needs of the applicant's industry segment, and does not factor in
existing HOS exemptions currently used by members. The applicants
question whether any ELD self-certified device would fully function
given the lack of access to broadband in many rural areas. The
applicants also expressed their concern about ELD security against
cyber-attacks, enforcement, cost, and training.
    The applicants assert that the exemption, if granted, would give
the marketplace time necessary to develop cost-effective and practical
solutions for the specific needs of impacted stakeholders and would
allow FMCSA to properly address necessary training programs with
compliant ELD options. The applicants believe that if the exemption is
not granted the ELD rule will cause significant challenges and harm to
fresh produce shippers and small truck businesses. According to the
applicants, granting the exemption will achieve a level of safety
equivalent to the level achieved by the ELD requirements.
    A copy of the applicants' application for exemption is available
for review in the docket for this notice.

    Issued on: January 19, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-01402 Filed 1-25-18; 8:45 am]
 BILLING CODE 4910-EX-P