[Federal Register Volume 79, Number 120 (Monday, June 23, 2014)]
[Rules and Regulations]
[Pages 35492-35494]
[FR Doc No: 2014-14490]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[USCG-2014-0323]
RIN 1625-AA08

Special Local Regulation; Tennessee River, Mile 464.0 to 465.0,
Chattanooga, TN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for the waters of the Tennessee River beginning at mile
marker 464.0 and ending at mile marker 465, extending bank to bank.
This zone is necessary to protect participants of the ``Chattanooga
Waterfront Triathlon'' during the swim portion of the event. Entry into
this area is prohibited unless specifically authorized by the Captain
of the Port (COTP) Ohio Valley or designated representative.

DATES: This rule is effective from 7:00 a.m. to 9:30 a.m. June 29,
2014.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0323]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Petty Officer Chad Phillips, Marine Safety
Detachment Nashville, at<PHONE_NUMBER> or email at
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

BNM Broadcast Notices to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    This event and special local regulation is currently listed under
33

CFR 100.801 Table 1 Sector Ohio Valley No: 15. The event sponsor
informed the Coast Guard in April that the event will be taking place
on June 29, 2014 rather than during the second week in July as is
currently listed in the CFR. Therefore, the Coast Guard is issuing this
temporary 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)(3)(B), the Coast Guard finds that good cause
exists for not publishing a notice of proposed rulemaking (NPRM) with
respect to this rule. The swimming portion of this event will take
place on the Tennessee River from mile marker 464.0 to mile marker
465.0. The details of this event have not changed beyond being
scheduled on an earlier date and still support a determination that a
special local regulation is necessary during the event's swimming
portion. Completing the full NPRM process is contrary to the public
interest as it would delay the additional safety measures necessary to
protect participants and event personnel from the possible marine
hazards present during the swimming portion of this event. The event
has been advertised and is planned on by the local community. Delaying
the special local regulation would also unnecessarily interfere with
the planned event, with the potential to affect contractual obligations
of the event sponsors.
    For the same reasons, 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. Providing a full 30
days' notice and delaying the effective date for this special local
regulation would be impracticable because immediate action is necessary
to protect event participants from the possible marine hazards present
during this swimming event.

B. Basis and Purpose

    The swim portion of the ``Chattanooga Waterfront Triathlon'' takes
place on the Tennessee River from mile markers 464.0 to 465.0. The
Coast Guard determined that a temporary special local regulation is
needed to protect the 1500 participants in the ``Chattanooga Waterfront
Triathlon'' during the swimming portion. The legal basis and
authorities for this rulemaking establishing a special local regulation
are found in 33 U.S.C. 1233, which authorizes the Coast Guard to
establish and define special local regulations. The COTP Ohio Valley is
establishing a special local regulation for the waters of the Tennessee
River, beginning at mile marker 464.0 and ending at mile marker 465.0
to protect the participants in the swimming portion of the
``Chattanooga Waterfront Triathlon.'' Entry into this area is
prohibited unless specifically authorized by the COTP Ohio Valley or
designated representative.

C. Discussion of the Final Rule

    The COTP Ohio Valley is establishing a special local regulation for
the waters of the Tennessee River, beginning at mile marker 464.0 and
ending at mile marker 465.0, during the swimming portion of the
``Chattanooga Waterfront Triathlon'' on June 29, 2014. During this
event, vessels shall not enter into, depart from, or move within the
regulated area without permission from the COTP Ohio Valley or his
authorized representative. Persons or vessels requiring entry into or
passage through the regulated area must request permission from the
COTP Ohio Valley, or a designated representative. Sector Ohio Valley
may be contacted on VHF-FM Channel 13 or 16, or 1-800-253-7465. This
rule is effective from 7:00 a.m. to 9:30 a.m. June 29, 2014. The COTP
Ohio Valley will inform the public through Broadcast Notices to
Mariners (BNM) of the enforcement period for the special local
regulation as well as any changes in the planned schedule.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under that Order.
    This special local regulation restricts transit on the Tennessee
River from mile marker 464.0 to mile marker 465.0 and covers a period
of two and one half hours, from 7:00 a.m. to 9:30 a.m. on June 29,
2014. Due to its short duration and limited scope, it does not pose a
significant regulatory impact. BNMs will also inform the community of
this special local regulation so that they may plan accordingly for
this short restriction on transit. Vessel traffic may request
permission from the COTP Ohio Valley or a designated representative to
enter the restricted area or deviate from this regulation. Requests to
deviate from this regulation will be considered on a case-by-case
basis.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
mile marker 464.0 to mile marker 465.0 on the Tennessee River, from
7:00 a.m. to 9:30 a.m. on June 29, 2014. The special local regulation
will not have a significant economic impact on a substantial number of
small entities because this rule will be in effect for a short period
of time. BNMs will also inform the community of this special local
regulation so that they may plan accordingly for this short restriction
on transit. Vessel traffic may request permission from the COTP Ohio
Valley or a designated representative to enter the restricted area.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you

wish to comment on actions by employees of the Coast Guard, call 1-888-
REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against
small entities that question or complain about this rule or any policy
or action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a state, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(h), of
the Instruction. This rule involves establishing a temporary special
local regulation to protect the participants in the swimming portion of
the ``Chattanooga Waterfront Triathlon'' on the Tennessee River from
mile markers 464.0 to mile marker 465.0 for two and one half hour
period on one day.
    An environmental analysis was performed during the marine event
permit process for the swimming event and a checklist and a categorical
exclusion determination are not required for this special local
regulation.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the U.S. Coast Guard
amends 33 CFR Part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  33 U.S.C. 1233.

0
2. A new temporary Sec.  100.T08-0323 is added to read as follows:

Sec.  100.T08-0323  Special Local Regulation; Tennessee River, Miles
464.0 to 465.0, Chattanooga, TN.

    (a) Location. The following area is a regulated area: All waters of
the Tennessee River, beginning at mile marker 464.0 and ending at mile
marker 465.0.
    (b) Effective date. This section is effective from 7:00 a.m. to
9:30 a.m. on June 29, 2014.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  100.35, entry into this area is prohibited unless authorized by
the Captain of the Port Ohio Valley or a designated representative.
    (2) Persons or vessels requiring entry into or passage through the
area must request permission from the Captain of the Port Ohio Valley
or a designated representative. U.S. Coast Guard Sector Ohio Valley may
be contacted on VHF Channel 13 or 16, or at 1-800-253-7465.
    (3) All persons and vessels shall comply with the instructions of
the Captain of the Port Ohio Valley and designated U.S. Coast Guard
patrol personnel. On-scene U.S. Coast Guard patrol personnel include
commissioned, warrant, and petty officers of the U.S. Coast Guard.
    (d) Informational broadcasts. The Captain of the Port Ohio Valley
or a designated representative will inform the public through broadcast
notice to mariners when the special local regulation is being enforced
and if there are changes to the planned schedule and enforcement period
for this special local regulation.

    Dated: May 16, 2014.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2014-14490 Filed 6-20-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 140 (Monday, July 22, 2013)]
[Notices]
[Pages 43945-43947]
[FR Doc No: 2013-17539]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69993; File No. SR-FINRA-2013-030]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Extend the Implementation of FINRA Rule 4240
(Margin Requirements for Credit Default Swaps)

July 16, 2013.
    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 July 11, 2013, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I and
II below, which Items substantially have been prepared by FINRA. FINRA
has designated the proposed rule change as constituting a ``non-
controversial'' rule change under paragraph (f)(6) of Rule 19b-4 under
the Act,\3\ which renders the proposal effective upon receipt of this
filing by the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to extend to July 17, 2014 the implementation of
FINRA Rule 4240 (Margin Requirements for Credit Default Swaps). FINRA
Rule 4240 implements an interim pilot program with respect to margin
requirements for certain transactions in credit default swaps that are
security-based swaps.
    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA 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, FINRA 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. FINRA 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
    On May 22, 2009, the Commission approved FINRA Rule 4240,\4\ which
implements an interim pilot program (the ``Interim Pilot Program'')
with respect to margin requirements for certain transactions in credit
default swaps (``CDS'').\5\ On July 13, 2012, FINRA filed a proposed
rule change for immediate effectiveness extending the implementation of
FINRA Rule 4240 to July 17, 2013.\6\
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    \4\ See Securities Exchange Act Release No. 59955 (May 22,
2009), 74 FR 25586 (May 28, 2009) (Notice of Filing and Order
Granting Accelerated Approval of Proposed Rule Change; File No. SR-
FINRA-2009-012) (``Approval Order'').
    \5\ In March 2012, the SEC approved amendments to FINRA Rule
4240 that, among other things, limit at this time the rule's
application to credit default swaps that are security-based swaps.
See Securities Exchange Act Release No. 66527 (March 7, 2012), 77 FR
14850 (March 13, 2012) (Notice of Filing and Order Granting
Accelerated Approval of Proposed Rule Change; File No. SR-FINRA-
2012-015).
    \6\ See Securities Exchange Act Release No. 67449 (July 17,
2012), 77 FR 43128 (July 23, 2012) (Notice of Filing and Immediate
Effectiveness of Proposed Rule Change; File No. SR-FINRA-2012-035).
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    As explained in the Approval Order, FINRA Rule 4240, coterminous
with certain Commission actions, was intended to address concerns
arising from systemic risk posed by CDS, including, among other things,
risks to the financial system arising from the lack of a central
clearing counterparty to clear and settle CDS.\7\ On July 21, 2010,
President Obama signed into law the Dodd-Frank Wall Street Reform and
Consumer Protection Act (the ``Dodd-Frank Act''),\8\ Title VII of which
established a comprehensive new regulatory framework for swaps and
security-based swaps,\9\ including certain CDS. The new legislation was
intended, among other things, to enhance the authority of regulators to
implement new rules designed to reduce risk, increase transparency, and
promote market integrity with respect to such products.
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    \7\ See 74 FR at 25588-89.
    \8\ Public Law 111-203, 124 Stat. 1376 (2010).
    \9\ The terms ``swap'' and ``security-based swap'' are defined
in Sections 721 and 761 of the Dodd-Frank Act. The Commodity Futures
Trading Commission (``CFTC'') and the Commission jointly have
approved rules to further define these terms. See Securities
Exchange Act Release No. 67453 (July 18, 2012), 77 FR 48208 (August
13, 2012) (Joint Final Rule; Interpretations; Request for Comment on
an Interpretation: Further Definition of ``Swap,'' ``Security-Based
Swap,'' and ``Security-Based Swap Agreement''; Mixed Swaps;
Security-Based Swap Agreement Recordkeeping). See also Securities
Exchange Act Release No. 66868 (April 27, 2012), 77 FR 30596 (May
23, 2012) (Joint Final Rule; Joint Interim Final Rule;
Interpretations: Further Definition of ``Swap Dealer,'' ``Security-
Based Swap Dealer,'' ``Major Swap Participant,'' ``Major Security-
Based Swap Participant'' and ``Eligible Contract Participant'').
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    Pursuant to Title VII of the Dodd-Frank Act, the CFTC and the
Commission are engaged in ongoing rulemaking with respect to swaps and
security-based swaps.\10\ The Commission has, among other things,
proposed rules with respect to capital, margin and segregation
requirements for security-based swap dealers and major security-based
swap participants and capital requirements for broker-dealers.\11\
FINRA believes it is appropriate to extend the Interim Pilot Program
for a limited period, to July 17, 2014, in light of the continuing
development of the CDS business within the framework of the Dodd-Frank
Act and pending the final implementation of new CFTC and SEC rules
pursuant to Title VII of that legislation. FINRA is considering
proposing additional amendments to the Interim Pilot Program.
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    \10\ See, e.g., Securities Exchange Act Release No. 69491 (May
1, 2013), 77 FR 30800 (May 23, 2013) (Reopening of Comment Periods
for Certain Rulemaking Releases and Policy Statement Applicable to
Security-Based Swaps Proposed Pursuant to the Securities Exchange
Act of 1934 and the Dodd-Frank Wall Street Reform and Consumer
Protection Act); Securities Exchange Act Release No. 67177 (June 11,
2012), 77 FR 35625 (June 14, 2012) (Statement of General Policy on
the Sequencing of the Compliance Dates for Final Rules Applicable to
Security-Based Swaps).
    \11\ See Securities Exchange Act Release No. 68071 (October 18,
2012), 77 FR 70214 (November 23, 2012) (Proposed Rule: Capital,
Margin, and Segregation Requirements for Security-Based Swap Dealers
and Major Security-Based Swap Participants and Capital Requirements
for Broker-Dealers).
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    FINRA has filed the proposed rule change for immediate
effectiveness and has requested that the SEC waive the requirement that
the proposed rule change not become operative for 30 days after the
date of the filing, such that FINRA can implement the proposed rule
change immediately. The proposed rule change will expire on July 17,
2014.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\12\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change is
consistent with the Act because, in light of the continuing development
of the CDS business within the framework of the Dodd-Frank Act and
pending the final implementation of new CFTC and SEC rules pursuant to
Title VII of that legislation, extending the implementation of the
margin requirements as set forth by FINRA Rule 4240 will help to
stabilize the financial markets.
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    \12\ 15 U.S.C. 78o-3(b)(6).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. FINRA believes that extending
the implementation of FINRA Rule 4240 for a limited period, to July 17,
2014, in light of the continuing development of the CDS business within
the framework of the Dodd-Frank Act and pending the final
implementation of new CFTC and SEC rules pursuant to Title VII of that
legislation, helps to promote stability in the financial markets and
regulatory certainty for members.

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

    Written comments were neither solicited nor received.

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

    Because the 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) of the Act \13\ and Rule 19b-
4(f)(6) thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6).

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    FINRA has requested that the Commission waive the five-day pre-
filing notice requirement specified in Rule 19b-4(f)(6)(iii) under the
Act.\15\
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    \15\ 17 CFR 240.19b-4(f)(6)(iii). Rule 19b-4(f)(6)(iii) requires
a self-regulatory organization to submit to the Commission written
notice of its intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Commission has waived the five-day pre-filing period in this case.
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    FINRA also has requested that the Commission waive the 30-day
operative delay, so that the proposed rule change 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.\16\ This will allow the Interim Pilot Program to
continue without interruption and extend the benefits of a pilot
program that the Commission approved and previously extended. For these
reasons, the Commission designates the proposed rule change to be
operative upon filing.
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    \16\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission 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-FINRA-2013-030 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-FINRA-2013-030. 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 such filing also will be available
for inspection and copying at the principal office of FINRA. 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-FINRA-2013-030 and
should be submitted on or before August 12, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-17539 Filed 7-19-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Rules and Regulations]
[Pages 32230-32232]
[FR Doc No: 2017-14521]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31141; Amdt. No. 3753]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures (ODPs) for operations at certain
airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective July 13, 2017. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of July 13, 2017.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC 20590-0001.
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedure
Standards Branch (AFS-420), Flight Technologies and Programs Divisions,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, part 97 (14 CFR part 97), by establishing,
amending, suspending, or removes SIAPs, Takeoff Minimums and/or ODPs.
The complete regulatory description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers of
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAPs, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPs, Takeoff

Minimums and/or ODPs as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as Amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less
than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure under 5 U.S.C. 553(b) are impracticable and contrary
to the public interest and, where applicable, under 5 U.S.C. 553(d),
good cause exists for making some SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on June 16, 2017.
John S. Duncan,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or removing Standard Instrument
Approach Procedures and/or Takeoff Minimums and Obstacle Departure
Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114,
40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 20 July 2017

Bridgeport, CT, Igor I Sikorsky Memorial, RNAV (GPS) RWY 29, Amdt 1A
Lakeland, FL, Lakeland Linder Rgnl, ILS OR LOC RWY 9, Orig-B
Lakeland, FL, Lakeland Linder Rgnl, RNAV (GPS) RWY 5, Orig-E
Lakeland, FL, Lakeland Linder Rgnl, RNAV (GPS) RWY 9, Amdt 2C
Lakeland, FL, Lakeland Linder Rgnl, RNAV (GPS) RWY 23, Orig-C
Lakeland, FL, Lakeland Linder Rgnl, RNAV (GPS) RWY 27, Amdt 2B
Lakeland, FL, Lakeland Linder Rgnl, Takeoff Minimums and Obstacle
DP, Amdt 1A
Lakeland, FL, Lakeland Linder Rgnl, VOR RWY 9, Amdt 4D
Lakeland, FL, Lakeland Linder Rgnl, VOR RWY 27, Amdt 7G

Effective 17 August 2017

Huntsville, AL, Huntsville Executive Airport Tom Sharp Jr Fld, ILS
OR LOC RWY 18, Amdt 1B
Chico, CA, Chico Muni, RNAV (GPS) RWY 31R, Orig-B
Livermore, CA, Livermore Muni, ILS RWY 25R, Amdt 8
Livermore, CA, Livermore Muni, LOC RWY 25R, Orig
Colorado Springs, CO, City of Colorado Springs Muni, Takeoff
Minimums and Obstacle DP, Amdt 12A
Orlando, FL, Orlando Sanford Intl, ILS OR LOC RWY 27R, Amdt 4
Orlando, FL, Orlando Sanford Intl, RNAV (GPS) RWY 27R, Amdt 4
Muscatine, IA, Muscatine Muni, VOR RWY 6, Orig-D, CANCELED
Lewiston, ID, Lewiston-Nez Perce County, RNAV (GPS) Y RWY 8, Amdt 2B
Lewiston, ID, Lewiston-Nez Perce County, RNAV (GPS) Y RWY 26, Orig-B
Lewiston, ID, Lewiston-Nez Perce County, RNAV (RNP) RWY 30, Orig-C
Lewiston, ID, Lewiston-Nez Perce County, RNAV (RNP) Z RWY 26, Orig-B
Lafayette, IN, Purdue University, ILS OR LOC RWY 10, Amdt 11B
Pikeville, KY, Pike County-Hatcher Field, ILS OR LOC RWY 27, Amdt 2
Pikeville, KY, Pike County-Hatcher Field, RNAV (GPS) RWY 9, Amdt 2
Pikeville, KY, Pike County-Hatcher Field, RNAV (GPS) RWY 27, Amdt 2
Worcester, MA, Worcester Rgnl, ILS OR LOC RWY 11, Amdt 24
Worcester, MA, Worcester Rgnl, RNAV (GPS) RWY 11, Amdt 2
Worcester, MA, Worcester Rgnl, RNAV (GPS) RWY 29, Amdt 2
Eastport, ME, Eastport Muni, RNAV (GPS) RWY 15, Amdt 1
Eastport, ME, Eastport Muni, RNAV (GPS) RWY 33, Amdt 1
Fosston, MN, Fosston Muni, RNAV (GPS) RWY 16, Orig-C
Fosston, MN, Fosston Muni, RNAV (GPS) RWY 34, Orig-C
Mora, MN, Mora Muni, RNAV (GPS) RWY 35, Orig-A
Park Rapids, MN, Park Rapids Muni-Konshok Field, RNAV (GPS) RWY 31,
Orig-C
Sidney, MT, Sidney-Richland Rgnl, NDB RWY 19, Amdt 5
Sidney, MT, Sidney-Richland Rgnl, RNAV (GPS) RWY 1, Amdt 2
Sidney, MT, Sidney-Richland Rgnl, RNAV (GPS) RWY 19, Amdt 2
Sidney, MT, Sidney-Richland Rgnl, Takeoff Minimums and Obstacle DP,
Amdt 6
Beaufort, NC, Michael J Smith Field, NDB RWY 14, Amdt 1A, CANCELED
Salisbury, NC, Mid-Carolina Rgnl, NDB RWY 20, Amdt 1B
Garrison, ND, Garrison Muni, RNAV (GPS) RWY 13, Amdt 1
Garrison, ND, Garrison Muni, RNAV (GPS) RWY 31, Amdt 1
Albuquerque, NM, Albuquerque Intl Sunport, RNAV (RNP) Z RWY 26, Amdt
2
Tonopah, NV, Tonopah, Takeoff Minimums and Obstacle DP, Amdt 2
Dansville, NY, Dansville Muni, RNAV (GPS) RWY 14, Orig-A
Dansville, NY, Dansville Muni, RNAV (GPS) RWY 18, Orig, CANCELED
Anderson, SC, Anderson Rgnl, RNAV (GPS) RWY 23, Amdt 1
Clark, SD, Clark County, RNAV (GPS) RWY 13, Orig
Clark, SD, Clark County, RNAV (GPS) RWY 31, Orig
Clark, SD, Clark County, Takeoff Minimums and Obstacle DP, Orig
Madison, SD, Madison Muni, RNAV (GPS) RWY 15, Orig-B
Rapid City, SD, Rapid City Rgnl, ILS OR LOC RWY 32, Amdt 21
Rapid City, SD, Rapid City Rgnl, RNAV (GPS) RWY 32, Amdt 2
Memphis, TN, Memphis Intl, Takeoff Minimums and Obstacle DP, Amdt 4A
Austin, TX, Austin Executive, Takeoff Minimums and Obstacle DP,
Orig-A
Austin, TX, San Marcos Rgnl, Takeoff Minimums and Obstacle DP, Amdt
2B
Georgetown, TX, Georgetown Muni, Takeoff Minimums and Obstacle DP,
Amdt 1A
Lago Vista, TX, Lago Vista TX--Rusty Allen, Takeoff Minimums and
Obstacle DP, Amdt 1A

Mason, TX, Mason County, RNAV (GPS) RWY 18, Orig-C
Mason, TX, Mason County, RNAV (GPS) RWY 36, Orig-C
Mason, TX, Mason County, Takeoff Minimums and Obstacle DP, Amdt 2
Mason, TX, Mason County, VOR-A, Amdt 4B
Taylor, TX, Taylor Muni, Takeoff Minimums and Obstacle DP, Amdt 1A
Cedar City, UT, Cedar City Rgnl, ILS OR LOC RWY 20, Amdt 4B
Cedar City, UT, Cedar City Rgnl, Takeoff Minimums and Obstacle DP,
Amdt 3A
Salt Lake City, UT, Salt Lake City Intl, Takeoff Minimums and
Obstacle DP, Amdt 11A
Minocqua-Woodruff, WI, Lakeland/Noble F Lee Memorial Field, LOC RWY
36, Amdt 1A
Minocqua-Woodruff, WI, Lakeland/Noble F Lee Memorial Field, NDB RWY
28, Amdt 12A
Minocqua-Woodruff, WI, Lakeland/Noble F Lee Memorial Field, RNAV
(GPS) RWY 28, Orig-A
Minocqua-Woodruff, WI, Lakeland/Noble F Lee Memorial Field, RNAV
(GPS) RWY 36, Orig-A

[FR Doc. 2017-14521 Filed 7-12-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 145 (Monday, July 29, 2013)]
[Proposed Rules]
[Pages 45475-45477]
[FR Doc No: 2013-18144]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0533; Airspace Docket No. 13-ANM-19]

Proposed Establishment of Class E Airspace; Rome, OR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class E airspace at the Rome
VHF Omni-Directional Radio Range/

Distance Measuring Equipment (VOR/DME) navigation aid, Rome, OR, to
facilitate vectoring of Instrument Flight Rules (IFR) aircraft under
control of Salt Lake City, Oakland and Seattle Air Route Traffic
Control Centers (ARTCCs). The FAA is proposing this action to enhance
the safety and management of aircraft operations within the National
Airspace System.

DATES: Comments must be received on or before September 12, 2013.

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-2013-
0533; Airspace Docket No. 13-ANM-19, 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, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

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 2013-0533 and Airspace Docket No. 13-ANM-19) 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-2013-0533 and Airspace Docket No. 13-ANM-19''. 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 NPRMs

    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 9:00 a.m. and 5:00 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
NPRMs 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 en route domestic
airspace extending upward from 1,200 feet above the surface at the Rome
VOR/DME navigation aid, Rome, OR. This action would contain aircraft
while in IFR conditions under control of Salt Lake City, Oakland and
Seattle ARTCCs by vectoring aircraft from en route airspace to terminal
areas.
    Class E airspace designations are published in paragraph 6006, of
FAA Order 7400.9W, dated August 8, 2012, and effective September 15,
2012, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designation listed in this document will be published
subsequently in this Order.
    The FAA has determined 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 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 the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish controlled airspace at the Rome VOR/DME, Rome,
OR.
    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

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

0
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]

0
2. The incorporation by reference in 14 CFR Part 71.1 of the Federal
Aviation

Administration Order 7400.9W, Airspace Designations and Reporting
Points, dated August 8, 2012, and effective September 15, 2012 is
amended as follows:

Paragraph 6006 En Route Domestic Airspace Areas.

* * * * *

ANM OR E6 Rome, OR [New]

Rome VOR/DME, OR
    (Lat. 42[deg]35'26'' N., long. 117[deg]52'05'' W.)

    That airspace extending upward from 1,200 feet above the surface
within an area bounded by lat. 45[deg]50'06'' N., long.
117[deg]05'33'' W.; to lat. 45[deg]13'00'' N., long. 117[deg]05'42''
W.; to lat. 45[deg]07'42'' N., long. 116[deg]18'03'' W.; to lat.
44[deg]15'42'' N., long. 116[deg]19'34'' W.; to lat. 44[deg]03'18''
N., long. 117[deg]05'05'' W.; to lat. 43[deg]07'42'' N., long.
116[deg]44'08'' W.; to lat. 42[deg]25'53'' N., long. 116[deg]03'43''
W.; to lat. 42[deg]26'27'' N., long. 114[deg]57'44'' W.; to lat.
42[deg]00'00'' N., long. 114[deg]42'42'' W.; to lat. 41[deg]08'22''
N., long. 114[deg]57'44'' W.; to lat. 40[deg]04'38'' N., long.
118[deg]49'42'' W.; to lat. 40[deg]45'47'' N., long. 120[deg]14'45''
W.; to lat. 42[deg]39'54'' N., long. 119[deg]42'02'' W.; to lat.
43[deg]41'51'' N., long. 120[deg]00'19'' W.; to lat. 45[deg]09'13''
N., long. 119[deg]01'43'' W.; to lat. 45[deg]49'52'' N., long.
118[deg]02'34'' W., thence to the point of beginning.

    Issued in Seattle, Washington, on July 22, 2013.
Christopher Ramirez,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2013-18144 Filed 7-26-13; 8:45 am]
BILLING CODE 4910-13-P


                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            WASHINGTON, D.C. 20460

                                                 OFFICE OF CHEMICAL SAFETY AND
                                                           POLLUTION PREVENTION

MEMORANDUM

August 6, 2013

SUBJECT:	Sulfonylureas:  Summary of Hazard and Science Policy Council (HASPOC) Meeting on July 18, 2013:  Recommendations on Data Requirement for Immunotoxicity Studies for Sulfonylurea Pesticides.

PC Codes: See below
DP Barcode: D412018 and D412408
Decision No.: N/A
Registration No.: N/A
Petition No.: N/A
Regulatory Action: N/A
Risk Assessment Type: N/A
Case No.: N/A
TXR No.: 0056723
CAS No.: See below
MRID No.: N/A
40 CFR: N/A

FROM:	Kristin Rury, MPH
		Executive Secretary, HASPOC
		Health Effects Division (7509P)

THROUGH:	Jess Rowland, Co-Chair
      Anna Lowit, Ph.D., Co-Chair
            HASPOC
		Health Effects Division (7509P)

TO:		Jaime D'Agostino, Toxicologist
		Risk Assessment Branch II
		Health Effects Division (7509P)

MEETING ATTENDEES

HASPOC Members:  Anna Lowit, Anwar Dunbar, Elizabeth Mendez, Jeff Evans, Jeff Dawson, John Kough, Jonathan Chen, Julie Van Alstine, Kristin Rury, Michael Metzger, PV Shah, Ray Kent
Presenter:  Jaime D'Agostino

Other Attendees:  Abdallah Khasawinah, Christina Swartz Christopher Schlosser, Joey Bever, Monique Perron, Zaida Figueroa

1. PURPOSE OF MEETING

In accordance with the revised 2007 40 CFR Part 158 Toxicology Data Requirements, an immunotoxicity study is required for food and non-food use pesticides.  HED has received immunotoxicity waiver requests from the registrants of bensulfuron methyl, orthosulfamuron and sulfosulfuron, however the HED Hazard and Science Policy Council (HASPOC) has decided to evaluate the sulfonylurea (SU) pesticides as a class due to their structural and toxicological similarities.  The HASPOC met on July 18, 2013 to determine the need for the immunotoxicity study (870.7800) for the following sulfonylurea (SU) pesticides.

Chemical
PC Code
CAS Number
Bensulfuron-methyl
128820
83055-99-6
Chlorsulfuron
118601
64902-72-3
Ethametsulfuron
129091
97780-06-8
Flazasulfuron
119011
104040-78-0
Foramsulfuron
122020
173159-57-4
Halosulfuron-methyl
128721
135397-30-7
Mesosulfuron-methyl
122009
400852-66-6
Metsulfuron-methyl
122010
868680-84-6
Orthosulfamuron
108209
213464-77-8
Primisulfuron-methyl
128973
113036-87-6
Prosulfuron
129031
94125-34-5
Sulfometuron-methyl
122001
74222-97-2
Sulfosulfuron
085601
141776-32-1
Triasulfuron
128969
82097-50-5
Triflusulfuron-methyl
129002
126535-15-7

II. SUMMARY OF USE PROFILE, EXPOSURE AND HAZARD CONSIDERATIONS

      a. Use Profile:

The use profile for the SU pesticides is presented in Appendix 1.

      b. Toxicity Profile:

The SUs have low toxicity following acute exposure via oral, inhalation, and dermal routes of exposure (Toxicity Category III-IV).  Except for ethametsulfuron (Toxicity Category II) and metsulfuron methyl (Toxicity Category I), there is no evidence of eye irritation.  Except for tribenuron-methyl, the SUs are not dermal sensitizers.

As a class, SU pesticides tend to target the liver or only cause general signs of toxicity, such as decreased body weight and body weight gains.  Other organs where toxicity was observed sporadically in the databases of individual SUs include the kidney, hematopoietic system, thyroid, bladder, testes, thymus, and spleen. Of the SUs that did cause toxicity in organs related to the immune system (hematopoietic system, thymus, and spleen), an immunotoxicity study was conducted (iodosulfuron, rimsulfuron, trifloxysulfuron and chlorimuron ethyl) or the toxic effects were observed in the presence of toxicity to organs that were not related to the immune system (primisulfuron and prosulfuron), such as the liver; with the exception of sulfometuron methyl, where the most sensitive toxic effect was hemolytic anemia.  For the SUs where dermal studies were performed, toxicity was generally not seen following dermal exposure except following dermal exposure to triasulfuron, halosulfuron methyl, metsulfuron methyl, and tribenuron methyl.  Developmental toxicity was observed for the majority of the SUs; however, qualitative or quantitative susceptibility was not commonly observed.  When there was susceptibility in offspring, it was of low concern because there were clearly established no observed adverse effect levels (NOAELs) and the endpoints chosen for risk assessment were protective of the developmental effects.  Effects on reproduction were rare but were observed for some SUs (flazasulfuron, primisulfuron, prosulfuron, triasulfuron, and tribenuron methyl).  SUs did not show consistent evidence of neurotoxicity, except prosulfuron.  None of the SUs were considered mutagenic and the majority of the SUs are classified as "not likely to be carcinogenic" or displayed no evidence of carcinogenicity.  Triflusulfuron and tribenruon methyl were classified as possible human carcinogens, while orthosulfamuron was classified as having suggestive evidence of carcinogenicity.

      c. Indicators for Potential Immunotoxicity
                                   Parameter
                                   Findings
Hematology Indicators
(WBC changes)
Decreased white blood cells in dogs (halosulfuron methyl), mice (nicosulfuron), and rats (prosulfuron).
Clinical Chemistry Indicators
(A/G Ratio)
                  Decreased A/G ratio in dogs (prosulfuron).
Organ Weight Indicators
(Spleen, Thymus)
                                     None.
Histopathology Indicators
(Spleen, Thymus,
 Lymph nodes)
        Histological changes in bone marrow in dogs (orthosulfamuron).
Toxicity Profile
(Target Organs)
                                     None.

The overall weight of evidence (WOE) suggests that these chemicals do not target the immune system.  There were some effects on hematology, clinical chemistry, and histopathological alterations in immune-related tissues; but these effects generally were observed in the presence of toxicity in other organs and were not considered major effects.  Furthermore, the majority of SUs did not show any evidence of immunotoxicity.

      d. Evidence for Immunotoxicity from SAR Chemicals  -  Retrospective Analysis.

Acceptable guideline immunotoxicity studies have been submitted for seven SU pesticide chemicals.  No immunotoxicity was seen following exposure to six of the seven chemicals. For one chemical (imazosulfuron), evidence of immunosuppression (i.e., lower anti-SRBC IgM concentration) was seen only at the highest dose tested (710 mg/kg/day) and in the presence of systemic toxicity.  The NOAEL for immunotoxicity was 222 mg/kg/day and the lowest observed adverse effect level (LOAEL) was 710 mg/kg/day.  Systemic toxicity, manifested as decreases in body weight/body weight gain, and food consumption were seen at 710 mg/kg/day (LOAEL); the NOAEL was 222 mg/kg/day.

For imazosulfuron, there was no impact of the immunotoxicity study to the points of departure (PODs) for risk assessment.  The chronic reference dose (cRfD) is based on a POD of 75 mg/kg/day which is approximately 3-fold lower than the NOAEL for immunotoxicity, and  the POD used for assessing risks for short and intermediate-term incidental oral exposure (235mg/kg/day) is numerically equivalent to the immunotoxicity NOAEL (222 mg/kg/day).

                               Chlorimuron ethyl
MRID No.
48691101
Immunotoxicity NOAEL
184 mg/kg/day (HDT)
Immunotoxicity LOAEL
Not Established
Basis for LOAEL
None
Systemic toxicity NOAEL
184 mg/kg/day
Systemic Toxicity LOAEL
Not Established
Basis for the LOAEL
None

                                 Imazosulfuron
MRID No.
48691004
Immunotoxicity NOAEL
222 mg/kg/day (HDT)
Immunotoxicity LOAEL
710
Basis for LOAEL
Decrease in anti-SRBC IgM
Systemic toxicity NOAEL
222 mg/kg/day
Systemic Toxicity LOAEL
710 mg/kg/day
Basis for the LOAEL
Decreases in body weight/body weight gain, and food consumption

                          Iodosulfuron methyl-sodium
MRID No.
48592801
Immunotoxicity NOAEL
242 mg/kg/day (HDT)
Immunotoxicity LOAEL
Not Established
Basis for LOAEL
None
Systemic toxicity NOAEL
73 mg/kg/day
Systemic Toxicity LOAEL
242 mg/kg/day
Basis for the LOAEL
Decreases in body weight gain, and food consumption

                                  Rimsulfuron
MRID No
48710305
Immunotoxicity NOAEL
1006 mg/kg/day (HDT)
Immunotoxicity LOAEL
Not Established
Basis for LOAEL
None
Systemic toxicity NOAEL
1006 mg/kg/day
Systemic Toxicity LOAEL
Not Established
Basis for the LOAEL
None

                             Thifensulfuron-methyl
MRID No.
48686101
Immunotoxicity NOAEL
529 mg/kg/day (HDT)
Immunotoxicity LOAEL
Not Established
Basis for LOAEL
None
Systemic toxicity NOAEL
529 mg/kg/day
Systemic Toxicity LOAEL
Not Established
Basis for the LOAEL
None

                               Tribenuron-methyl
MRID No.
48641101
Immunotoxicity NOAEL
44 mg/kg/day (HDT)
Immunotoxicity LOAEL
Not Established
Basis for LOAEL
None
Systemic toxicity NOAEL
23 mg/kg/day
Systemic Toxicity LOAEL
44 mg/kg/day
Basis for the LOAEL
Decreases in body weight/body weight gain, and food consumption

                            Trifloxysulfuron sodium
MRID No.
48857701
Immunotoxicity NOAEL
1066.6 mg/kg/day (HDT)
Immunotoxicity LOAEL
Not Established
Basis for LOAEL
None
Systemic toxicity NOAEL
1066.6 mg/kg/day
Systemic Toxicity LOAEL
Not Established
Basis for the LOAEL
None

III. STUDY WAIVER REQUESTS

A waiver is recommended for an immunotoxicity study for the SU pesticides based on the following considerations:

   * There was minimal evidence of immunotoxicity in the available data bases for any of the SU pesticides.
   * The liver, not the immune system, is generally the target organ for this chemical class, and hepatotoxicity or body weight changes are the primary toxicological endpoints of concern.
   * PODs based on the most sensitive endpoints obtained via the appropriate routes of exposure in the most sensitive species are currently used for dietary and non-dietary risk assessments for most SUs.
         *       There was no evidence of immunotoxicity with six other structurally-related sulfonylurea herbicides, namely chlorimuron ethyl, iodosulfuron, rimsulfuron, thifensulfuron methyl, tribenuron methyl, and trifloxysulfuron sodium.  While imazosulfuron did exhibit immunotoxicity, it was observed in the presence of systemic toxicity and at a relatively high dose.
All these factors indicate that an immunotoxicity study would most likely not result in an adverse effect that could be used as an endpoint for SU risk assessment.
IV. HASPOC CONCLUSIONS

The HASPOC, based on a weight of evidence approach, concludes that immunotoxicity studies are not required as this time for bensulfuron-methyl, chlorsulfuron, ethametsulfuron, flazasulfuron, foramsulfuron, halosulfuron-methyl, mesosulfuron-methyl, metsulfuron-methyl, orthosulfamuron, primisulfuron-methyl, prosulfuron, sulfometuron-methyl, sulfosulfuron, triasulfuron, and triflusulfuron-methyl.

	Appendix 1:  Use Profiles of Sulfonylurea Pesticides

   1. Bensulfuron methyl (128820):  Currently registered for use on agricultural rice production (grain and straw) to control broadleaf weeds and sedges.  Due to common crayfish aquaculture in flooded rice paddies, a tolerance for crayfish was established concomitant with the tolerance establishment for rice grain and rice straw.  All registered formulations of bensulfuron methyl (dry flowable, granular, and emulsifiable concentrate) may be applied to rice via ground or aerial equipment.

   2. Chlorimuron ethyl (128901):  Currently registered for use on soybeans, field corn, peanuts, low growing berries (subgroup 13-07H, except strawberry) and non-crop areas such as fence rows and roadsides.  Soybean is the predominant agricultural usage.  Chlorimuron ethyl may be applied to soybeans at pre-plant, pre-emergence, post-emergence, as a band treatment, broadcast, ground spray, low volume spray, or soil incorporation treatment.  The use on corn is pre-plant, pre-and post emergence, applied as a band treatment, broadcast, and burndown treatment.  Chlorimuron ethyl may also be applied to non-crop land as a broadcast treatment.

   3. Chlorsulfuron (118601):  Currently registered for use on barley, oats, wheat, fallow fields, and ornamental turf to control grasses and broadleaf weeds.  Based on the current use profile, exposures can be expected to occur via the dietary (food and drinking water), occupational (handler and post-application), and residential (handler and post-application) routes for chlorsulfuron.

   4. Ethametsulfuron (129091):  Currently registered for a single, early postemergence application on canola, crambe, and rapeseed.  These uses involve a broadcast foliar spray using ground equipment.  The only relevant route of exposure is dietary, based on import tolerances.  International registrations are limited to canola, rapeseed, crambe, mustard seed, and sunflower seeds.

   5. Flazasulfuron (119011): Currently registered for use on non-residential turf such as golf courses, sod farms, professionally managed athletic fields, commercial lawns, Christmas trees, and industrial vegetation management areas.  Additionally, it is registered for agricultural use on citrus, grapes, and sugarcane.  Flazasulfuron is a sulfonylurea herbicide used to control certain broad-leaf weeds and grasses.  Although the dietary exposure from treated agricultural commodities is not affected by the proposed turf grass use, flazasulfuron may reach surface and/or groundwater and affect the drinking water component of the dietary exposure.  Residential short-term (1 - 30 days) dermal and inhalation exposures are expected from flazasulfuron handler activities associated with the proposed residential spot treatment use.

   6. Foramsulfuron (122020):  Currently registered for post-emergence use on field corn, sweet corn, popcorn, and also for use on golf course turf, sports fields, commercial lawns, cemeteries, parks, campsites, recreational areas, home lawns, roadsides, school grounds, and sod farms to control cool season grasses from tolerant grasses and broadleaf weeds.  Foramsulfuron is labeled for ground and aerial application; it is not labeled for application via chemigation systems.  Based on the existing use patterns, dietary exposure through food and water is possible following application to growing crops.  In addition, dermal and inhalation exposures are possible for both residential and occupational handlers.  Post-application exposure is possible for those who re-enter treated areas, including incidental oral (hand-to-mouth) and dermal post-application exposures for toddlers playing on treated turf.

   7. Halosulfuron Methyl (128721):  Currently registered for used as a pre- and post-emergent control of annual broadleaf weeds and nutsedges in several agricultural crops as well as residential turf grass and ornamentals.  In addition to the agricultural food uses, halosulfuron-methyl is also registered for use on turfgrass, ornamentals, and a variety of non-crop areas including, but not limited to, airports, cemeteries, fallow non-crop areas, golf courses, landscaped areas, public recreation areas, residential property, roadsides, school grounds, sod or turf seed farms, sports fields, residential and commercial landscaped areas with established woody ornamentals, fairgrounds, race tracks, tennis courts, campgrounds, and rights-of-way.  Halosulfuron-methyl is formulated as a water dispersible granule (WG) and applied as postemergence broadcast foliar sprays using ground or aerial equipment.  Application through any type of irrigation system is prohibited.

   8. Imazosulfuron (118602):  Currently registered for use on tomatoes, peppers and rice in conjunction with turf grass (residential, commercial, golf courses and sod farms), ornamentals (field-grown conifers, deciduous trees, non-bearing fruit and nut trees and landscape plants) bare-ground non-crop areas.  Soil-directed ground application is to be used for all tomatoes, peppers, and rice; aerial application is permitted for rice only.  Foliar application may be allowed for tomato and rice.  Applications to turf and ornamentals are made with ground equipment; applications to bare ground non-crop areas can be made with ground or aerial equipment.  Potential exposure routes from the proposed non-crop, turf and ornamental uses are limited to drinking water and occupational and residential pathways.

   9. Iodosulfuron Methyl (122021):  Currently registered for foliar application to wheat, triticale, field corn, and turf (commercial/industrial, sod farms, ornamental, golf course, recreational, residential) and for preplant burndown application for cereal grains, soybean, and cotton.  All applications of this product are to be performed by professional (commercial) applicators only. HED assumes that the product is not available for direct residential use and HED did not conduct a residential handler assessment.  Occupational handlers may experience short-/intermediate-term exposure to iodosulfuron-methyl-sodium while mixing/loading and applying sprays.

   10. Mesosulfuron Methyl (122009):  Currently registered uses are wheat and triticale.  Mesosulfuron-methyl is not intended for use in public or residential settings. Therefore, residential exposure is not expected.  There is a potential for occupational exposure to mesosulfuron-methyl during mixing, loading, application, and post-application activities.

   11. Metsulfuron Methyl (122010):  Metsulfuron-methyl is a herbicide used to control a variety of annual grasses and broadleaf weeds.  Metsulfuron-methyl is registered for use on a number of food and feed crops, on conifers and hardwoods, on industrial sites, and on turf.  Based on the current use profile, exposures can be expected to occur via the dietary (food and drinking water), residential (handler and post-application), and occupational (handler and post-application) routes for metsulfuron-methyl.

   12. Nicosulfuron (129008):  Currently registered for use on field corn, sweet corn, popcorn, and grasses (Bermuda grass, grass forage and grass hay).  Nicosulfuron is also registered for use on sorghum plants in seed propagation fields.  There are no residential uses of nicosulfuron.

   13. Orthosulfamuron (108209):  Currently registered for the control of annual and perennial broadleaf weeds, sedges, and barnyard grass.  There are no registered residential uses for orthosulfamuron or uses that might result in residential exposure.

   14. Primisulfuron Methyl (128973):  Currently registered to control annual and perennial grass and broadleaf weeds.  Based on the proposed use patterns, short-term dermal and inhalation exposures are expected.  Intermediate-term dermal and inhalation exposures are possible for commercial or contract applicators.  No residential handler or post-application exposure risk has been calculated.

   15. Prosulfuron (129031):  Currently is registered for use on field corn (grown for grain, silage, or seed), popcorn, grain sorghum (milo), wheat, barley, rye oats, triticale, proso millet, and following small grain harvest.  Based on the current use profile, exposures can be expected to occur via the dietary (food and drinking water) and occupational (handler and post-application) routes for prosulfuron.

   16. Rimsulfuron (129009):  Currently registered for use on non-residential turf such as golf courses, sod farms athletic fields, industrial and commercial lawns and similar nonresidential areas.  Additionally, it is registered on agricultural food crops including bushberries, caneberries, soybeans, potatoes, field corn, tomatoes, grapes, various tree fruits, and tree nuts.  There is currently a pending use on chicory.  There are no proposed residential uses for rimsulfuron.

   17. Sulfometuron methyl (122001):  Currently registered for commercial pre- and post-emergent applications to manage annual and perennial broadleaf weeds and grasses in non-agricultural sites (i.e., forestry, rights of way, non-crop industrial sites, and unimproved turf).  It is a non-food/non-feed use chemical with no current usage which could lead to exposures from consuming raw agricultural commodities (RACs) and/or processed foods.  All sulfometuron methyl containing products are formulated as a water dispersible granule (WDG).  Applications of sulfometuron methyl can be made aerially using fixed wing airplane and helicopter, and by ground using groundboom, rights-of-way, and hand-held equipment.  Sulfometuron methyl can also be used to impregnate or coat dry bulk fertilizer for application to forested areas.  Sulfometuron methyl containing products are not labeled for use by professionals in the residential marketplace (i.e., indoor or outdoor residential use sites).

   18. Sulfosulfuron (085601):  Currently registered as a selective pre- and post-emergent sulfonylurea herbicide for the control of various annual grasses and broadleaf weeds in winter and spring wheat, non-food crops and a variety of other non-crop sites including ornamentals, roadsides, airports, lumber yards, recreational areas, parks, golf courses, residential areas (lawns), industrial rights of way, etc.

   19. Thifensulfuron Methyl (128845):  Currently registered for use on cereal grains (barley, field corn, oats, rice, sorghum, wheat, and triticale), oilseed crops (canola, rape, and flax), soybeans, sugar beets and cotton.  In addition to these crop uses, it is also registered for use on agricultural fallow, idle, and conservation reserve land.  It is registered for use as preplant or preemergence applications for the selective control of broadleaf weeds, and it is applied using common agricultural equipment (i.e., aerial, ground, chemigation).  There are no registered residential uses for thifensulfuron methyl.

   20. Triasulfuron (128969):  Currently registered for pre-emergence control of broadleaf and grassy weeds in wheat and post-emergence in wheat, barley, pastures, and rangeland.  There are no residential uses for triasulfuron.  Occupational exposure occurs through simultaneous dermal and inhalation exposure.

   21. Tribenuron Methyl (128887):  Currently registered for use on cereal grains (barley, field corn, oats, rice, sorghum, and wheat), oilseed crops (canola, flax, and sunflower), soybeans, and cotton.  There is also a tolerance with regional registration for grass forage, fodder, and hay (except Bermuda grass forage and hay).  It is applied using common agricultural equipment (i.e., aerial, ground, chemigation).  There are no registered residential uses for tribenuron methyl.

   22. Trifloxysulfuron Sodium (119009):  Currently registered for used for use on numerous agricultural food/feed crops, including almonds, citrus, cotton (picker variety only), sugarcane and tomatoes.  Non-agricultural uses include sports fields and residential turf grass.

   23. Triflusulfuron Methyl (129002): Currently registered for use on sugar beets, garden beets, and chicory using broadcast (ground- or aerial-based) or band application methods at seasonal rates.  There are no current or pending residential uses associated with triflusulfuron; therefore, a residential exposure assessment was not performed or required.