[Federal Register Volume 82, Number 190 (Tuesday, October 3, 2017)]
[Rules and Regulations]
[Pages 45997-46000]
[FR Doc No: 2017-21106]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2017-0396; FRL-9968-54-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; 2011 Base Year Inventory for the 2008 8-Hour Ozone National
Ambient Air Quality Standard for the Baltimore, Maryland Nonattainment
Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve the 2011 base year inventory for the Baltimore,
Maryland moderate nonattainment area for the 2008 8-hour ozone national
ambient air quality standard (NAAQS). The State of Maryland submitted
the emission inventory through the Maryland Department of the
Environment (MDE) to meet the nonattainment requirements for moderate
ozone nonattainment areas for the 2008 8-hour ozone NAAQS. EPA is
approving the 2011 base year emissions inventory for the 2008 8-hour
ozone NAAQS as a revision to the Maryland state implementation plan
(SIP) in accordance with the requirements of the Clean Air Act (CAA).

DATES: This rule is effective on December 4, 2017 without further
notice, unless EPA receives adverse written comment by November 2,
2017. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2017-0396 at https://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically 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, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Gavin Huang,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Ground level ozone is formed when nitrogen oxides (NOX)
and volatile organic compounds (VOC) react in the presence of sunlight.
NOX and VOC are referred to as ozone precursors and are
emitted by many types of pollution sources, including motor vehicles,
power plants, industrial facilities, and area wide sources, such as
consumer products and lawn and garden equipment. Scientific evidence
indicates that adverse public health effects occur following exposure
to ozone. These effects are more pronounced in children and adults with
lung disease. Breathing air containing ozone can reduce lung function
and inflame airways, which can increase respiratory symptoms and
aggravate asthma or other lung diseases. In response to this scientific
evidence, EPA promulgated in 1979 the first ozone NAAQS, the 0.12 part
per million (ppm) 1-hour ozone NAAQS. See 44 FR 8202 (February 8,
1979). Before the first ozone NAAQS, EPA had previously promulgated a
NAAQS for total photochemical oxidants. See 36 FR 8186 (April 30,
1971).
    On July 18, 1997, EPA promulgated a revised ozone NAAQS of 0.08
ppm, averaged over eight hours. 62 FR 38855. This 8-hour ozone NAAQS
was determined to be more protective of public health than the previous
1979 1-hour ozone NAAQS. In 2008, EPA revised the 8-hour ozone NAAQS
from 0.08 to 0.075 ppm. See 73 FR 16436 (March 27, 2008).\1\
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    \1\ On October 1, 2015, EPA strengthened the 8-hour ozone NAAQS
to 0.070 ppm. See 80 FR 65292 (October 16, 2015). This rulemaking
addresses the 2008 8-hour ozone NAAQS and does not address the 2015
8-hour ozone NAAQS.

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    On May 21, 2012, the Baltimore, Maryland area was designated as
moderate nonattainment for the 2008 8-hour ozone NAAQS. 77 FR 30088.
The designation of the Baltimore, Maryland area as moderate
nonattainment was effective July 20, 2012. The Baltimore, Maryland
nonattainment area is comprised of Anne Arundel County, Baltimore
County, Baltimore City, Carroll County, Harford County, and Howard
County. Under section 172(c)(3) of the CAA, Maryland is required to
submit a comprehensive, accurate, and current inventory of actual
emissions from all sources of the relevant pollutants in its moderate
nonattainment area.

II. Summary of SIP Revision and EPA Analysis

    Under CAA section 172(c)(3), states are required to submit a
comprehensive, accurate, and current account of actual emissions from
all sources (point, nonpoint, nonroad, and onroad) in the nonattainment
area. CAA section 182(a)(1) and (b) requires that areas designated as
nonattainment and classified as moderate submit an inventory of all
sources of ozone precursors no later than 2 years after the effective
date of designation. EPA's guidance for emissions inventory development
calls for actual emissions to be used in the base year inventory. The
state must report annual emissions as well as ``summer day emissions.''
As defined in 40 CFR 51.900(v), ``summer day emissions'' means, ``an
average day's emissions for a typical summer work weekday. The state
will select the particular month(s) in summer and the day(s) in the
work week to be represented.''
    On December 30, 2016, MDE submitted a formal revision (SIP #16-16)
to its SIP. The SIP revision consists of the 2011 base year inventory
for the Baltimore, Maryland nonattainment area for the 2008 8-hour
ozone NAAQS. In accordance with EPA's requirements for ozone SIP
planning, ``Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements,'' MDE
selected 2011 for its base year emissions inventory. See 80 FR 12263
(March 6, 2015). MDE's 2011 base year inventory includes emissions
estimates covering the general source categories of stationary point,
area (nonpoint), quasi-point, nonroad mobile, onroad mobile, and
Marine-Air-Rail (M-A-R). In its 2011 base year inventory, MDE reported
actual annual emissions and typical summer day emissions for the months
of May through September for VOC, NOX, and carbon monoxide
(CO). Although MDE also reported annual emissions for fine particulate
matter (PM2.5), sulfur dioxide (SO2), and ammonia
(NH3) and typical summer day emissions for CO, in this
approval of the 2011 base year emissions inventory for the 2008 ozone
NAAQS, EPA is approving only relevant ozone precursors, which are VOC
and NOX.
    Table 1 summarizes the 2011 VOC and NOX emission
inventory by source sector for Maryland's moderate nonattainment area.
Annual emissions are given in tons per year (tpy) and summer weekday
emissions are given by tons per day (tpd).

                Table 1--Summary of 2011 Emissions for the Baltimore, Maryland Nonattainment Area
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                                                     Ozone season daily (tpd)              Annual (tpy)
                 Source category                 ---------------------------------------------------------------
                                                        VOC             NOX             VOC             NOX
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Point...........................................           8.228         107.676        2,153.41       16,950.46
Quasi-Point.....................................           1.080           5.383         387.102        1,946.98
Area............................................          68.093           8.502       21,827.01        5,441.14
Nonroad.........................................          38.618          28.628        9,678.69        8,799.27
Onroad..........................................           45.34          116.73       15,761.71       41,265.21
M-A-R...........................................            1.64           18.43          597.27        6,727.63
                                                 ---------------------------------------------------------------
    Anthropogenic BNAA * Subtotal...............         162.999         285.352      50,405.190      81,130.694
----------------------------------------------------------------------------------------------------------------
* Baltimore Nonattainment Area (BNAA).

    Point sources are large, stationary, and identifiable sources of
emissions that release pollutants into the atmosphere. For the 2011
inventory, point sources are defined as stationary commercial or
industrial operations that emit more than 10 tpy of VOC or 25 tpy of
NOX. Maryland obtained its point source data from the MDE
Air and Radiation Management Administration (ARMA) point source
emissions inventory. ARMA identifies and inventories stationary sources
for the point source emissions inventory through inspections,
investigations, permitting, and equipment registrations.
    Quasi-point sources are sources that contain a wide variety of air
emission sources, including traditional point sources, on-road mobile
sources, off-road mobile sources, and area sources. For these sources,
the emissions are totaled under a single point source and referred to
as a ``quasi-point source.'' MDE identified three facilities that met
these requirements which include the Aberdeen Proving Grounds,
Baltimore Washington International Airport, and the Port of Baltimore.
    Nonpoint sources, also known as area sources, are sources of
pollution that are small and numerous and have not been inventoried as
specific point or mobile sources. For example, these sources include
residential heating emissions and emissions from consumer solvents. To
inventory these sources, they are grouped so that emissions can be
estimated collectively using one methodology. MDE calculated nonpoint
emissions for the Baltimore, Maryland nonattainment area by multiplying
emissions factors specific for each source category with some known
indicator of collective activity for each source category, such as
population or employment data.
    Nonroad sources are mobile sources other than onroad vehicles,
including aircraft, locomotives, construction and agricultural
equipment, and marine vessels. Emissions from different source
categories are calculated using various methodologies. The
methodologies used for nonroad source emission estimates include EPA's
National Mobile

Inventory Model (NMIM--April 5, 2009) and EPA's emission factors.
    Onroad or highway sources are vehicles, such as cars, trucks, and
buses, which are operated on public roadways. These onroad emissions
were estimated using EPA's Motor Vehicle Emission Simulator (MOVES)
model, version 2010a, using appropriate activity levels, such as
vehicle miles traveled (VMT) estimates developed from vehicle count
data maintained by the State Highway Administration (SHA) of the
Maryland Department of Transportation (MDOT).
    M-A-R sources include marine vessels, airports, and railroad
locomotives. M-A-R emissions were estimated using data from surveyed
sources or state and federal reporting agencies.
    EPA reviewed Maryland's 2011 base year emission inventory's
results, procedures, and methodologies for the Baltimore, Maryland
moderate nonattainment area and found them to meet the applicable
requirements for approval under sections 110, 172(c)(3) and 182(a)(1)
and (b) of the CAA. EPA's review and analysis is detailed in a
Technical Support Document (TSD) prepared for this rulemaking. The TSD
is available online at http://www.regulations.gov, Docket Number EPA-
R03-OAR-2017-0396.

III. Final Action

    EPA is approving the Maryland SIP revision which includes the 2011
base year inventory for the 2008 8-hour ozone NAAQS for the Baltimore,
Maryland moderate nonattainment area because the inventory was prepared
in accordance with requirements in sections 110, 172(c)(3) and
182(a)(1) and (b) of the CAA and its implementing regulations including
40 CFR 51.915. EPA is publishing this rule without prior proposal
because EPA views this as a noncontroversial amendment and anticipates
no adverse comment. However, in the ``Proposed Rules'' section of this
issue of the Federal Register, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision if adverse
comments are filed. This rule will be effective on December 4, 2017
without further notice unless EPA receives adverse comment by November
2, 2017. If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 4, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of this issue of the Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking action.
    This action approving Maryland's 2011 base year inventory for the
2008 8-hour ozone NAAQS for the Baltimore, Maryland moderate
nonattainment area may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: September 7, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (e) is amended by adding an
entry for ``2011 Base Year Inventory for the 2008 8-Hour Ozone National
Ambient Air Quality Standard'' at the end of the table to read as
follows:

Sec.  52.1070   Identification of plan.

* * * * *
    (e) * * *

                            EPA Approved Non-Regulatory and Quasi-Regulatory Material
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  Name of non-regulatory SIP      Applicable         State                                       Additional
           revision            geographic area  submittal date      EPA approval date           explanation
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                                                  * * * * * * *
2011 Base Year Emissions       Baltimore,           12/30/2016  10/3/2017 [Insert Federal  See Sec.
 Inventory for the 2008 8-      Maryland 2008                    Register citation].        52.1075(r).
 Hour Ozone National Ambient    Ozone Moderate
 Air Quality Standard.          Nonattainment
                                Area.
----------------------------------------------------------------------------------------------------------------

0
3. Section 52.1075 is amended by adding paragraph (r) to read as
follows:

Sec.  52.1075   Base year emissions inventory.

* * * * *
    (r) EPA approves as a revision to the Maryland state implementation
plan the 2011 base year emissions inventory for the Baltimore, Maryland
moderate nonattainment area for the 2008 8-hour ozone national ambient
air quality standards submitted by the Maryland Department of the
Environment on December 30, 2016. The 2011 base year emissions
inventory includes emissions estimates that cover the general source
categories of stationary point, quasi-point, area (nonpoint), nonroad
mobile, onroad mobile, and Marine-Air-Rail (M-A-R). The inventory
includes actual annual emissions and typical summer day emissions for
the months of May through September for the ozone precursors, VOC and
NOX.
[FR Doc. 2017-21106 Filed 10-2-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: October 27, 2008 (Volume 73, Number 208)]
[Notices]
[Page 63742-63744]
[DOCID:fr27oc08-98]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58822; File No. SR-BSE-2008-47]

Self-Regulatory Organizations; Boston Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to a Change in the Percentage Ownership Interest in the Boston
Options Exchange Group, LLC

October 21, 2008.
    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 October 14, 2008, the Boston Stock Exchange, Inc. (``BSE'' 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 self-regulatory
organization. The Exchange filed the proposed rule change pursuant to
Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6) thereunder,\4\
which renders the proposal effective upon filing with 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\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 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

    The Exchange proposes to amend Schedule A of the Sixth Amended and
Restated Operating Agreement (``BOX LLC Agreement''), of the Boston
Options Exchange Group, LLC (``BOX''), in connection with the change in
the percentage ownership interest of IB Exchange Corporation (``IB'').
The text of the proposed rule change is available from the principal
office of the Exchange, at the Commission's Public Reference Room and
also on the Exchange's Internet Web site at http://nasdaqtrader.com/
Trader.aspx?id=Boston_Stock_Exchange.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in Sections A, B, and C below, of the
most significant aspects of such statements.

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

1. Purpose
    On January 13, 2004, the Commission approved four BSE proposals
that together established, through an operating agreement among its
owners, a Delaware limited liability company, BOX LLC, to operate BOX
as an options trading facility of the Exchange.\5\ On August 7, 2008,
the Commission approved three BSE proposals that included a transfer of
BSE's Ownership Interest in BOX to MX US 2, Inc. (``MX US 2''), a
wholly owned U.S. subsidiary of the Montreal Exchange Inc. (``MX''),
and an amendment to the BOX LLC Agreement among the BOX owners.\6\
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    \5\ See Securities Exchange Act Release No. 49066 (January 13,
2004), 69 FR 2773 (January 20, 2004) (SR-BSE-2003-17) (establishing
a fee schedule for the proposed BOX facility); Securities Exchange
Act Release No. 49065 (January 13, 2004), 69 FR 2768 (January 20,
2004) (SR-BSE-2003-04) (creating Boston Options Exchange Regulation,
LLC to which the BSE would delegate its self-regulatory functions
with respect to the BOX facility); Securities Exchange Act Release
No. 49068 (January 13, 2004), 69 FR 2775 (January 20, 2004) (SR-BSE-
2002-15) (approving trading rules for the BOX facility); Securities
Exchange Act Release No. 49067 (January 13, 2004), 69 FR 2761
(January 20, 2004) (SR-BSE-2003-19) (approving certain regulatory
provisions of the operating agreement of BOX LLC).
    \6\ See Securities Exchange Act Release No. 58324 (August 7,
2008), 73 FR 46936 (August 12, 2008) (SR-BSE-2008-02, SR-BSE-2008-
23, and SR-BSE-2008-25).
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    BOX intends to purchase the BOX units (``Units'') held by a BOX LLC
member (``Seller's Units'') representing

an ownership interest of 1.09% and subsequently cancel the Seller's
Units pursuant to Section 2.8(d) of the BOX LLC Agreement. As a result
of this transaction, the percentage ownership interests of the other
members of the BOX LLC Agreement will increase. In particular, IB's
19.87% ownership interest in BOX LLC will thereafter be 20.09%, and MX
US 2, Inc.'s 53.24% ownership interest will increase to 53.83%.
    Pursuant to Section 8.4(f) of the BOX LLC Agreement, any transfer
of BOX Units that results in the acquisition and holding by any person,
alone or together with any affiliate of such person, of an aggregate
percentage interest level which meets or crosses the threshold level of
20% is subject to the rule filing process pursuant to Section 19 of the
Act. In addition, Section 8.7 of the BOX LLC Agreement, as previously
approved by the Commission, states that upon the valid transfer of all
or any portion of a BOX Member's Units, the BOX Board shall amend
Schedule A as may be necessary to reflect changes in the rights of Unit
holders.\7\
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    \7\ See Section 8.7, BOX LLC Agreement.
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    As a result of IB crossing the 20% threshold level, the Exchange is
submitting the proposed rule change and amended Schedule A of the BOX
LLC Agreement to the Commission. This proposal, in compliance with
Sections 8.4(f) and 8.7 of the BOX LLC Agreement, will allow BOX to
amend Schedule A to reflect the changes in the percentage ownership
interests of the other Unit holders that are the result of the
transfer.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\8\ in general, and furthers
the objectives of Section 6(b)(1),\9\ in particular, in that it enables
the Exchange to be so organized so as to have the capacity to be able
to carry out the purposes of the Act and to comply, and to enforce
compliance by its exchange members and persons associated with its
exchange members, with the provisions of the Act, the rules and
regulations thereunder, and the rules of the Exchange. The Exchange
also believes that this filing furthers the objectives of Section
6(b)(5) of the Act \10\ in that it is designed to facilitate
transactions in securities, to prevent fraudulent and manipulative acts
and practices, to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(1).
    \10\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

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

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 if consistent with
the protection of investors and the public interest, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-
4(f)(6) thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30-days after the date of filing.\13\
However, Rule 19b-4(f)(6)(iii) permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest.\14\ The Exchange has requested that
the Commission waive the 30-day operative delay. The Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because the transfer of
ownership interests occurred on October 15, 2008, and there is no
reason to delay implementation of the changes to Schedule A of the BOX
LLC Agreement. Accordingly, the Commission designates the proposal to
be operative upon filing with the Commission.\15\
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    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ For 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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    Rule 19b-4(f)(6)(iii) requires the self-regulatory organization to
give the Commission 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. BSE has requested that the Commission designate a shorter
notification time. The Commission hereby waives the five-day notice
period. As explained above, it was necessary for BSE to file its
proposed rule change expeditiously so that the changes in the
percentage ownership interest of the Unit holders can be immediately
incorporated in the BOX LLC Agreement.
    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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.\16\
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    \16\ See 15 U.S.C. 78s(b)(3)(C).
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IV. Solicitation of Comments

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

Electronic Comments

    *a Use the Commission's Internet comment form (http://www.sec.gov/
rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-BSE-2008-47 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-BSE-2008-47. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/

rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the BSE. 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-BSE-2008-47 and should be
submitted on or before November 17, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-25536 Filed 10-24-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Rules and Regulations]
[Pages 95427-95428]
[FR Doc No: 2016-30648]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-9159; Airspace Docket No. 13-AAL-7]

Establishment of Class E Airspace, Healy, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class E airspace extending upward from
700 feet above the surface at Healy River Airport, Healy, AK, to
support the development of Area Navigation (RNAV) Global Positioning
System (GPS) Instrument Flight Rules (IFR) operations under standard
instrument approach and departure procedures at the airport, and for
the safety and management of controlled airspace within the National
Airspace System.

DATES: Effective 0901 UTC, March 2, 2017. The Director of the Federal
Register approves this incorporation by reference action under Title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11A, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed on line at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC, 20591; telephone: 202-267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to
http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Tom Clark, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for this Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes controlled airspace at Healy River Airport, Healy,
AK.

History

    On October 14, 2016, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to establish Class E airspace
extending upward from 700 feet above the surface at Healy River
Airport, Healy, AK. (81 FR 71017) Docket FAA-2016-9159. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. One comment was
received from Greysen Harlow supporting the proposal.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11A, dated August 3, 2016, and effective September 15,
2016, 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 the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11A, Airspace Designations and
Reporting Points, dated August 3, 2016, and effective September 15,
2016. FAA Order 7400.11A is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11A lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class E airspace extending upward from 700 feet
above the surface within a 3.5-mile radius of Healy River Airport, with
segments extending from the 3.5-mile radius to 11.5 miles northwest of
the airport, and 10.5 miles south of the airport. This airspace is
established to accommodate new RNAV Global Positioning System standard
instrument approach and departure procedures developed for IFR
operations the airport.

Regulatory Notices and Analyses

    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, is
non-controversial and unlikely to result in adverse or negative
comments. 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. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

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

0
1. The authority citation for Part 71 continues to read as follows:

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting Points, dated August 3, 2016, and
effective September 15, 2016, is amended as follows:

Paragraph 6005: Class E Airspace Areas Extending Upward from 700
feet or More Above the Surface of the Earth.
* * * * *

AAL AK E5 Healy, AK [New]

Healy River Airport, Alaska
(Lat. 63[deg]52'03'' N., long. 148[deg]58'08'' W.)

    That airspace extending upward from 700 feet above the surface
within a 3.5-mile radius of Healy River Airport, and that airspace 2
miles either side of the 333[deg] bearing from the airport extending
from the 3.5 mile radius to 11.5 miles northwest of the airport, and
that airspace 0.6 miles west and 2.5 miles east of the 169[deg]
bearing from the airport extending from the 3.5 mile radius to 10.5
miles south of the airport.

    Issued in Seattle, Washington, on December 12, 2016.
Tracey Johnson,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2016-30648 Filed 12-27-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Notices]
[Pages 67925-67926]
[FR Doc No: 2022-24513]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2022-0002; Internal Agency Docket No. FEMA-B-2285]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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

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

DATES: Comments are to be submitted on or before February 8, 2023.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://hazards.fema.gov/femaportal/prelimdownload and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-2285, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email) [email protected].

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

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act

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

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

Nicholas A. Shufro,
Assistant Administrator for Risk Management (Acting), Federal Emergency
Management Agency, Department of Homeland Security.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
             Lonoke County, Arkansas and Incorporated Areas
           Project: 21-06-0050S Preliminary Date: June 7, 2022
------------------------------------------------------------------------
City of Cabot..........................  City Hall, 101 North 2nd
                                          Street, Cabot, AR 72023.
Unincorporated Areas of Lonoke County..  Lonoke County Floodplain
                                          Administrator Office, 210
                                          North Center Street, Lonoke,
                                          AR 72086.
------------------------------------------------------------------------
                Clay County, Iowa and Incorporated Areas
          Project: 21-07-0001S Preliminary Date: June 16, 2022
------------------------------------------------------------------------
City of Spencer........................  Planning Department, 101 West
                                          5th Street, Spencer, IA 51301.
Unincorporated Areas of Clay County....  Clay County Administration
                                          Building, 300 West 4th Street,
                                          Spencer, IA 51301.
------------------------------------------------------------------------
                Scott County, Iowa and Incorporated Areas
 Project: 19-07-0022S Preliminary Dates: July 16, 2021 and July 20, 2022
------------------------------------------------------------------------
City of Bettendorf.....................  City Hall, 1609 State Street,
                                          Bettendorf, IA 52722.
City of Buffalo........................  City Hall, 329 Dodge Street,
                                          Buffalo, IA 52728.
City of Davenport......................  City Hall, 226 West 4th Street,
                                          Davenport, IA 52801.
City of Panorama Park..................  City Hall, 120 Short Street,
                                          Panorama Park, IA 52722.
City of Riverdale......................  City Hall, 110 Manor Drive,
                                          Riverdale, IA 52722.
Unincorporated Areas of Scott County...  Scott County Administrative
                                          Center, 600 West 4th Street,
                                          Davenport, IA 52801.
------------------------------------------------------------------------
              Ottawa County, Kansas and Incorporated Areas
          Project: 21-07-0028S Preliminary Date: July 12, 2022
------------------------------------------------------------------------
City of Bennington.....................  City Office, 121 North Nelson
                                          Street, Bennington, KS 67422.
City of Culver.........................  City Hall, 205 Kansas Avenue,
                                          Culver, KS 67484.
City of Delphos........................  City Office, 112 North Main
                                          Street, Delphos, KS 67436.
City of Minneapolis....................  City Hall, 311 North Mill
                                          Street, Minneapolis, KS 67467.
City of Tescott........................  City Office, 101 North Main
                                          Street, Tescott, KS 67484.
Unincorporated Areas of Ottawa County..  Ottawa County Courthouse, 307
                                          North Concord Street, Suite
                                          102, Minneapolis, KS 67467.
------------------------------------------------------------------------

[FR Doc. 2022-24513 Filed 11-9-22; 8:45 am]
BILLING CODE 9111-12-P


[Federal Register Volume 78, Number 177 (Thursday, September 12, 2013)]
[Notices]
[Page 56224]
[FR Doc No: 2013-22199]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

September 6, 2013.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP11-2473-000
    Applicants: Gulf South Pipeline Company, LP
    Description: 2012 CICO Filing to be effective N/A
    Filed Date: 9/3/13
    Accession Number: 20130903-5108
    Comments Due: 5 p.m. ET 9/16/13

    Docket Numbers: RP11-2474-000
    Applicants: Gulf Crossing Pipeline Company LLC
    Description: 2012 CICO Report to be effective N/A
    Filed Date: 9/3/13
    Accession Number: 20130903-5107
    Comments Due: 5 p.m. ET 9/16/13

    Docket Numbers: RP13-1314-000
    Applicants: Millennium Pipeline Company, LLC
    Description: Negotiated Rate & Non-Conforming Agreement--Carrizo,
DTE, SW to be effective 9/5/2013
    Filed Date: 9/5/13
    Accession Number: 20130905-5220
    Comments Due: 5 p.m. ET 9/17/13

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: CP11-56-003
    Applicants: Texas Eastern Transmission, LP and Algonquin Gas
Transmission, LLC
    Description: Abbreviated Application of Texas Eastern Transmission,
LP and Algonquin Gas Transmission, LLC for Limited Amendment of
Certificates of Public Convenience and Necessity
    Filed Date: 9/4/13
    Accession Number: 20130904-5206
    Comments Due: 5 p.m. ET 9/13/13

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

 Nathaniel J. Davis, Sr.,
 Deputy Secretary
[FR Doc. 2013-22199 Filed 9-11-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 190 (Tuesday, October 1, 2019)]
[Rules and Regulations]
[Pages 51967-51969]
[FR Doc No: 2019-20988]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31275; Amdt. No. 3872]

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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule amends, suspends, or removes Standard Instrument
Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures 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 for the 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 October 1, 2019. 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 October 1, 2019.

ADDRESSES: Availability of matter 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, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center online 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 Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg. 29, Room 104,
Oklahoma City, OK 73169. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20.
The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but 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 contained on FAA form documents is
unnecessary.
    This amendment provides the affected CFR sections, and specifies
the SIAPs and 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 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 and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on the
criteria contained in the U.S. Standard for Terminal Instrument
Procedures (TERPS). In developing these changes to SIAPs and Takeoff
Minimums and ODPs, the TERPS criteria were applied only to specific
conditions existing at the affected airports. All SIAP amendments in
this rule have been previously issued by the FAA in a FDC NOTAM as an
emergency action of immediate flight safety relating directly to
published aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff
Minimums and ODP amendments require making them effective in less than
30 days.
    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 these
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 September 20, 2019.
Rick Domingo,
Executive 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
amending Standard Instrument Approach Procedures and Takeoff Minimums
and ODPs, 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:
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31; RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35
COPTER SIAPs, Identified as follows:

* * * Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
      AIRAC date           State              City                 Airport          FDC No.      FDC date                      Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
7-Nov-19.............  OK             Tulsa...............  Tulsa Intl..........       9/0624       9/4/19  Takeoff Minimums and Obstacle DP, Amdt 1A.
7-Nov-19.............  AR             Colt................  Delta Rgnl..........       9/0633       9/4/19  RNAV (GPS) RWY 18, Orig-A.
7-Nov-19.............  AR             Colt................  Delta Rgnl..........       9/0636       9/4/19  RNAV (GPS) RWY 36, Orig-A.
7-Nov-19.............  WI             Clintonville........  Clintonville Muni...       9/2113       9/4/19  RNAV (GPS) RWY 4, Amdt 2.
7-Nov-19.............  WI             Clintonville........  Clintonville Muni...       9/2122       9/4/19  RNAV (GPS) RWY 14, Amdt 2.
7-Nov-19.............  WI             Clintonville........  Clintonville Muni...       9/2128       9/4/19  RNAV (GPS) RWY 22, Amdt 1.
7-Nov-19.............  WI             Clintonville........  Clintonville Muni...       9/2129       9/4/19  RNAV (GPS) RWY 32, Amdt 2.
7-Nov-19.............  CA             Tracy...............  Tracy Muni..........       9/2664       9/3/19  RNAV (GPS) RWY 30, Amdt 1A.
7-Nov-19.............  CA             Tracy...............  Tracy Muni..........       9/2665       9/3/19  RNAV (GPS) RWY 12, Amdt 2A.
7-Nov-19.............  CA             Tracy...............  Tracy Muni..........       9/2666       9/3/19  VOR RWY 26, Amdt 1.
7-Nov-19.............  CA             Tracy...............  Tracy Muni..........       9/2673       9/3/19  RNAV (GPS) RWY 26, Amdt 1B.
7-Nov-19.............  CA             Lincoln.............  Lincoln Rgnl/Karl          9/4802      9/17/19  RNAV (GPS) RWY 33, Orig-A.
                                                             Harder Field.
7-Nov-19.............  TX             Harlingen...........  Valley Intl.........       9/4889       9/4/19  VOR/DME RWY 17R, Orig-A.
7-Nov-19.............  TN             Smithville..........  Smithville Muni.....       9/5548      9/17/19  RNAV (GPS) RWY 6, Amdt 3A.
7-Nov-19.............  TN             Smithville..........  Smithville Muni.....       9/5549      9/17/19  RNAV (GPS) RWY 24, Amdt 3A.
7-Nov-19.............  TN             Portland............  Portland Muni.......       9/5551      9/17/19  RNAV (GPS) RWY 1, Orig-A.
7-Nov-19.............  TN             Portland............  Portland Muni.......       9/5552      9/17/19  RNAV (GPS) RWY 19, Orig-A.
7-Nov-19.............  UT             Milford.............  Milford Muni/Ben And       9/5554      9/17/19  RNAV (GPS) RWY 16, Orig-B.
                                                             Judy Briscoe Field.
7-Nov-19.............  UT             Milford.............  Milford Muni/Ben And       9/5555      9/17/19  RNAV (GPS) RWY 34, Orig-A.
                                                             Judy Briscoe Field.
7-Nov-19.............  UT             Delta...............  Delta Muni..........       9/5557      9/17/19  RNAV (GPS) RWY 17, Amdt 1C.
7-Nov-19.............  CA             Hanford.............  Hanford Muni........       9/5559      9/16/19  RNAV (GPS) RWY 32, Amdt 2.
7-Nov-19.............  VA             Culpeper............  Culpeper Rgnl.......       9/5562      9/17/19  RNAV (GPS) RWY 4, Orig.
7-Nov-19.............  VA             Culpeper............  Culpeper Rgnl.......       9/5563      9/17/19  RNAV (GPS) RWY 22, Orig.
7-Nov-19.............  VA             Chase City..........  Chase City Muni.....       9/5572      9/17/19  RNAV (GPS) RWY 18, Amdt 1B.
7-Nov-19.............  VA             Chase City..........  Chase City Muni.....       9/5574      9/17/19  RNAV (GPS) RWY 36, Amdt 1A.
7-Nov-19.............  OR             Bend................  Bend Muni...........       9/5587      9/17/19  RNAV (GPS) Z RWY 16, Orig-A.
7-Nov-19.............  OR             Bend................  Bend Muni...........       9/5588      9/17/19  RNAV (GPS) RWY 34, Orig-A.
7-Nov-19.............  OR             Medford.............  Rogue Valley Intl--        9/5600      9/17/19  RNAV (GPS) Y RWY 14, Amdt 2.
                                                             Medford.
7-Nov-19.............  IL             Mount Carmel........  Mount Carmel Muni...       9/5622      9/17/19  RNAV (GPS) RWY 31, Orig.
7-Nov-19.............  IL             Mount Carmel........  Mount Carmel Muni...       9/5627      9/17/19  RNAV (GPS) RWY 4, Orig-B.

7-Nov-19.............  IL             Mount Carmel........  Mount Carmel Muni...       9/5631      9/17/19  RNAV (GPS) RWY 22, Orig-A.
7-Nov-19.............  OR             Mc Minnville........  Mc Minnville Muni...       9/5634      9/17/19  RNAV (GPS) RWY 4, Orig-D.
7-Nov-19.............  OR             Mc Minnville........  Mc Minnville Muni...       9/5635      9/17/19  RNAV (GPS) RWY 22, Orig.
7-Nov-19.............  PA             Corry...............  Corry-Lawrence......       9/5637      9/17/19  RNAV (GPS) RWY 14, Amdt 1.
7-Nov-19.............  KS             Elkhart.............  Elkhart-Morton             9/5643      9/17/19  RNAV (GPS) RWY 4, Amdt 1A.
                                                             County.
7-Nov-19.............  KS             Elkhart.............  Elkhart-Morton             9/5644      9/17/19  RNAV (GPS) RWY 17, Amdt 1A.
                                                             County.
7-Nov-19.............  KS             Elkhart.............  Elkhart-Morton             9/5645      9/17/19  RNAV (GPS) RWY 22, Amdt 1A.
                                                             County.
7-Nov-19.............  KS             Elkhart.............  Elkhart-Morton             9/5647      9/17/19  RNAV (GPS) RWY 35, Amdt 1B.
                                                             County.
7-Nov-19.............  PA             Corry...............  Corry-Lawrence......       9/5648      9/17/19  RNAV (GPS) RWY 32, Amdt 1.
7-Nov-19.............  PA             Danville............  Danville............       9/5649      9/17/19  RNAV (GPS) RWY 27, Orig-A.
7-Nov-19.............  PA             Ebensburg...........  Ebensburg...........       9/5651      9/17/19  RNAV (GPS) RWY 7, Orig-B.
7-Nov-19.............  PA             Ebensburg...........  Ebensburg...........       9/5652      9/17/19  RNAV (GPS) RWY 25, Orig-D.
7-Nov-19.............  PA             Lehighton...........  Jake Arner Memorial.       9/5654      9/17/19  RNAV (GPS) RWY 8, Amdt 1C.
7-Nov-19.............  RI             Providence..........  Theodore Francis           9/5656      9/17/19  RNAV (GPS) RWY 16, Orig-E.
                                                             Green State.
7-Nov-19.............  SC             Pelion..............  Lexington County....       9/5657      9/17/19  RNAV (GPS) RWY 18, Orig-B.
7-Nov-19.............  SC             Pelion..............  Lexington County....       9/5658      9/17/19  RNAV (GPS) RWY 36, Orig-B.
7-Nov-19.............  SD             Sturgis.............  Sturgis Muni........       9/5674      9/17/19  RNAV (GPS) RWY 11, Amdt 1B.
7-Nov-19.............  SD             Sturgis.............  Sturgis Muni........       9/5678      9/17/19  RNAV (GPS) RWY 29, Amdt 1B.
7-Nov-19.............  NE             Hartington..........  Hartington Muni/Bud        9/5679      9/17/19  RNAV (GPS) RWY 13, Orig-B.
                                                             Becker Fld.
7-Nov-19.............  NE             Hartington..........  Hartington Muni/Bud        9/5680      9/17/19  RNAV (GPS) RWY 31, Orig-C.
                                                             Becker Fld.
7-Nov-19.............  NE             Harvard.............  Harvard State.......       9/5689      9/17/19  RNAV (GPS) RWY 17, Orig-C.
7-Nov-19.............  NE             Harvard.............  Harvard State.......       9/5691      9/17/19  RNAV (GPS) RWY 35, Amdt 1B.
7-Nov-19.............  UT             Bryce Canyon........  Bryce Canyon........       9/5703      9/17/19  RNAV (GPS) RWY 21, Amdt 1B.
7-Nov-19.............  UT             Bryce Canyon........  Bryce Canyon........       9/5711      9/17/19  RNAV (GPS) RWY 3, Orig-D.
7-Nov-19.............  VA             Norfolk.............  Chesapeake Rgnl.....       9/5713      9/17/19  RNAV (GPS) RWY 23, Orig-A.
7-Nov-19.............  CT             Windsor Locks.......  Bradley Intl........       9/5714      9/17/19  ILS OR LOC RWY 6, Amdt 38.
7-Nov-19.............  VA             Danville............  Danville Rgnl.......       9/5717      9/17/19  RNAV (GPS) RWY 20, Orig-B.
7-Nov-19.............  VA             Danville............  Danville Rgnl.......       9/5718      9/17/19  RNAV (GPS) RWY 31, Orig-B.
7-Nov-19.............  CT             Groton (New London).  Groton-New London...       9/5720      9/17/19  RNAV (GPS) RWY 33, Orig-B.
7-Nov-19.............  IA             Cedar Rapids........  The Eastern Iowa....       9/5721      9/17/19  RNAV (GPS) RWY 31, Amdt 1B.
7-Nov-19.............  IA             Cedar Rapids........  The Eastern Iowa....       9/5722      9/17/19  RNAV (GPS) RWY 13, Amdt 1C.
7-Nov-19.............  IA             Cedar Rapids........  The Eastern Iowa....       9/5723      9/17/19  ILS OR LOC RWY 9, Amdt 18D.
7-Nov-19.............  OK             Durant..............  Durant Rgnl--Eaker         9/5759      9/17/19  RNAV (GPS) RWY 17, Amdt 1.
                                                             Field.
7-Nov-19.............  OK             Durant..............  Durant Rgnl--Eaker         9/5760      9/17/19  RNAV (GPS) RWY 35, Amdt 1.
                                                             Field.
7-Nov-19.............  IA             Algona..............  Algona Muni.........       9/5773      9/17/19  RNAV (GPS) RWY 12, Orig-D.
7-Nov-19.............  IA             Algona..............  Algona Muni.........       9/5774      9/17/19  RNAV (GPS) RWY 30, Amdt 1C.
7-Nov-19.............  WY             Douglas.............  Converse County.....       9/5785      9/17/19  RNAV (GPS) RWY 11, Orig.
7-Nov-19.............  NY             Millbrook...........  Sky Acres...........       9/5810      9/17/19  RNAV (GPS) RWY 17, Amdt 2A.
7-Nov-19.............  NY             Millbrook...........  Sky Acres...........       9/5811      9/17/19  RNAV (GPS) RWY 35, Amdt 1.
7-Nov-19.............  OH             Medina..............  Medina Muni.........       9/5813      9/17/19  RNAV (GPS) RWY 9, Orig-C.
7-Nov-19.............  OH             Medina..............  Medina Muni.........       9/5822      9/17/19  RNAV (GPS) RWY 27, Orig-B.
7-Nov-19.............  OH             Youngstown..........  Youngstown Elser           9/5830      9/17/19  RNAV (GPS) RWY 10, Orig-C.
                                                             Metro.
7-Nov-19.............  OH             Youngstown..........  Youngstown Elser           9/5831      9/17/19  RNAV (GPS) RWY 28, Orig-C.
                                                             Metro.
7-Nov-19.............  OH             Mount Vernon........  Knox County.........       9/5838      9/17/19  RNAV (GPS) RWY 10, Amdt 1A.
7-Nov-19.............  OH             Mount Vernon........  Knox County.........       9/5839      9/17/19  RNAV (GPS) RWY 28, Amdt 1C.
7-Nov-19.............  OH             Cadiz...............  Harrison County.....       9/5860      9/17/19  RNAV (GPS) RWY 13, Orig-B.
7-Nov-19.............  OH             Cadiz...............  Harrison County.....       9/5861      9/17/19  RNAV (GPS) RWY 31, Orig-B.
7-Nov-19.............  OH             Wapakoneta..........  Neil Armstrong......       9/5866      9/17/19  RNAV (GPS) RWY 8, Orig-B.
7-Nov-19.............  OH             Wapakoneta..........  Neil Armstrong......       9/5867      9/17/19  RNAV (GPS) RWY 26, Orig-A.
7-Nov-19.............  GA             Cochran.............  Cochran.............       9/5905      9/17/19  RNAV (GPS) RWY 11, Amdt 1A.
7-Nov-19.............  GA             Cochran.............  Cochran.............       9/5907      9/17/19  RNAV (GPS) RWY 29, Amdt 1B.
7-Nov-19.............  VT             Burlington..........  Burlington Intl.....       9/5922      9/17/19  RNAV (GPS) Z RWY 33, Orig-A.
7-Nov-19.............  WY             Evanston............  Evanston-Uinta             9/6128      9/17/19  RNAV (GPS) RWY 5, Amdt 2.
                                                             County Burns Field.
7-Nov-19.............  TX             Palacios............  Palacios Muni.......       9/7585      9/16/19  RNAV (GPS) RWY 13, Orig-B.
7-Nov-19.............  TX             Palacios............  Palacios Muni.......       9/7586      9/16/19  VOR RWY 13, Amdt 10E.
7-Nov-19.............  MA             Bedford.............  Laurence G Hanscom         9/8734      9/17/19  RNAV (GPS) RWY 23, Orig-C.
                                                             Fld.
7-Nov-19.............  MA             Bedford.............  Laurence G Hanscom         9/8738      9/17/19  ILS OR LOC RWY 29, Amdt 9.
                                                             Fld.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2019-20988 Filed 9-30-19; 8:45 am]
BILLING CODE 4910-13-P


Comment Info: =================

General Comment: Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

A little over four years ago I heard about e-cigarettes for the first time.  I was curious about them but really wasn't planning on trying to quit my pack a day cigarette habit.  I bought one just to see how this new (at the time) technology would work.  That day was the last day I ever had a regular cigarette and, looking back, the best thing I have ever done for myself.  Almost immediately I started breathing easier.  It was weird to walk up a couple flights of stairs and not be out of breath!  Food started to taste amazing, I couldn't believe how much regular cigarettes had dulled my sense of smell and taste. I appreciate your consideration of my request and am happy to discuss this issue with you further.  As the weeks went on I only started feeling more healthy.  My physician, Dr. Rowady in Pasadena, CA who constantly preached at me how important it was to stop smoking, remarked on how my blood pressure was significantly lower and how my breathing sounded much better.  After a month or two I bought e-cigarette kits for my 3 closest friends who were all pack a day or more smokers and I am happy and proud to say that they are all non smokers and experiencing similar health benefits.  Through the last few years I have met many more "vapers" who have similar stories.

Sir, I hope you read my story and those of many others and consider that while the e-cigarette industry does need some regulation (such as no sales to minors) it represents something that could save millions of lives by replacing something like tobacco cigarettes that WE KNOW kills.

Feel free to contact me if you would like to know any more details from someone who has tremendously improved their lives by replacing tobacco with e-cigarettes.


[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Rules and Regulations]
[Pages 16675-16677]
[FR Doc No: 2014-06705]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0730]
RIN 1625-AA00

Safety Zones; Revolution 3 Triathlon, Lake Erie, Sandusky Bay,
Sandusky, OH

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing two permanent safety zones on
Lake Erie near Sandusky, OH that will be enforced two consecutive
mornings annually during the first or second weekend in September. This
is intended to restrict vessel traffic during the swim portion of the
Revolution 3 Triathlon in Lake Erie and Sandusky Bay, Sandusky, OH, and
is necessary to protect participants, spectators, and vessels from the
hazards associated with a triathlon event.

DATES: This final rule is effective April 25, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0730. 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 rule,
call or email MST1 Ian Fallon, Response Department, Marine Safety Unit
Toledo, Coast Guard; telephone<PHONE_NUMBER>, email
<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

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    The Coast Guard published two TFRs both entitled Safety Zones;
Revolution 3

Triathlon, Lake Erie, Sandusky Bay, Cedar Point, OH in the Federal
Register for this event on September 13, 2010 (75 FR 55477) and
September 8, 2011 (76 FR 55564). Because this event will recur
annually, the Captain of the Port Detroit decided to establish
permanent safety zones and thus, alleviate the need to publish TFRs in
the future.
    On August 16, 2012, the Coast Guard published an NPRM entitled
Safety Zones; Revolution 3 Triathlon, Lake Erie, Sandusky Bay, Cedar
Point, OH in the Federal Register (77 FR 49401) and again on June 14,
2013, the Coast Guard published an NPRM with the same proposed
regulatory text (78 FR 35789). We did not receive any comments in
response to the proposed rule after either publication. No public
meeting was requested and none was held.

B. Basis and Purpose

    Each year, the Revolution 3 Triathlon occurs at Cedar Point near
Sandusky, OH. This event occurs for two consecutive days during the
first or second week of September. During the first leg of the event,
participants enter the water and swim along a predetermined course.
While the primary course is on the eastern side of Cedar Point, an
alternate location is on the western side of Cedar Point, in the
vicinity of the Cedar Point Marina in the event of inclement weather.
The likely combination of large numbers of inexperienced recreational
boaters, possibly varying lake conditions and large number of swimmers
in the water could easily result in serious injuries or fatalities.
Thus, the Captain of the Port Detroit is establishing a permanent
safety zone in the vicinity of the primary and alternate swimming
courses to protect against injuries and fatalities.

C. Discussion of Comments, Changes and the Final Rule

    As noted, we received no comments on the 2012 (77 FR 49401) or 2013
(78 FR 35789) NPRMs, and we didn't make any substantive changes from
the location or enforcement periods. We did, however, place these
safety zones in the existing 33 CFR 165.941, which has 59 other safety
zones for annual events in the Captain of the Port Detroit Zone,
instead of creating a separate Sec.  165.917.
    As suggested above, the safety zones created by this rule are
intended to ensure the safety of participants and of the public and
vessels during the Revolution 3 Triathlon. These safety zones will be
enforced annually on two consecutive days during the first or second
weekend of September. On each day, it is expected that these safety
zones will be enforced from 6:50 a.m. until 10 a.m. The exact dates and
times of enforcement, however, will be determined annually and the
Captain of the Port will issue a Notice of Enforcement to notify the
public.
    The safety zone created by this rule for the primary race course
encompasses all waters of Lake Erie, Sandusky Bay, Cedar Point, OH
within a line starting at position 41-29'-00.04'' N 082-40'-48.16'' W
to 41-29'-19.28'' N 082-40'-38.97'' W to 41-29'-02.51'' N 082-40'-
20.82'' W to 41-28'-45.52'' N 082-40'-35.75'' W, and then following the
shoreline to the point of origin. These coordinates are North American
Datum of 1983 (NAD 83). In the event that weather requires triathlon
organizers to change the locations of the swimming leg, the alternate
race course safety zone will encompass all waters of Lake Erie,
Sandusky Bay, Cedar Point, OH extending outward 100 yards on either
side of a line running between 41-28'-38.59'' N 082-41'-10.51'' W and
41-28'-17.25'' N 082-40'-54.09'' W running adjacent to the Cedar Point
Marina. These coordinates are North American Datum of 1983 (NAD 83).
    The Captain of the Port Detroit will use all appropriate means to
notify the public when the safety zones established by this rule will
be enforced. Such means will include a notice of enforcement published
annually in the Federal Register, and consistent with 33 CFR 165.7(a),
may include, among other things, Broadcast Notice to Mariners, Local
Notice to Mariners, or, upon request, by facsimile (fax). Also, the
Captain of the Port will issue a Broadcast Notice to Mariners notifying
the public if the enforcement of these safety zones in this section is
cancelled prematurely.
    Entry into, transiting, or anchoring within these safety zones
during the period of enforcement is prohibited unless authorized by the
Captain of the Port Detroit, or his designated representative. The
Captain of the Port or his designated representative may be contacted
via VHF Channel 16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS). We conclude that this rule is not a
significant regulatory action because we anticipate that it will have
minimal impact on the economy, will not interfere with other agencies,
will not adversely alter the budget of any grant or loan recipients,
and will not raise any novel legal or policy issues. The safety zones
established by this rule will be relatively small and enforced for
relatively short time. Also, each safety zone is designed to minimize
its impact on navigable waters. Thus, restrictions on vessel movements
within any particular area are expected to be minimal. Under certain
conditions, moreover, vessels may still transit through each safety
zone when permitted by the Captain of the Port.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities.
    This rule will affect the following entities, some of which might
be small entities: The owners and operators of vessels intending to
transit or anchor in the above portions of Lake Erie during the period
that either of the safety zones is being enforced.

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 so that they can better evaluate
its effects on them and participate in the rulemaking process. If this
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 FOR FURTHER INFORMATION CONTACT section, 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 calls for no 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 State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it 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 would not result
in such an 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 would not create an
environmental risk to health or risk to safety that might
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 made a
preliminary determination that this action is one of a category of
actions which do not individually or cumulatively have a significant
effect on the human environment. This rule involves the establishment
of safety zones and thus, is categorically excluded under paragraph
(34)(g) of the Instruction. An environmental analysis checklist
supporting this determination is available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

List of Subjects in 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 part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

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2. Amend Sec.  165.941 by adding paragraph (a)(60) to read as follows:

Sec.  165.941  Safety Zones; Annual Events in the Captain of the Port
Detroit Zone.

    (a) * * *
    (60) Revolution 3 Triathlon, Lake Erie, Sandusky Bay, Cedar Point,
OH--
    (i) Locations. All waters of Lake Erie within positions 41-29'-
00.04'' N 082-40'-48.16'' W to 41-29'-19.28'' N 082-40'-38.97'' W to
41-29'-02.51'' N 082-40'-20.82'' W to 41-28'-45.52'' N 082-40'-35.75''
W then following the shoreline to the point of origin. In the event
that weather requires triathlon organizers to change the locations of
the swimming leg, the safety zones will alternatively encompass all
waters of Lake Erie, Sandusky Bay, Cedar Point, OH extending outward
100 yards on either side of a line running between 41-28'-38.59'' N
082-41'-10.51'' W and 41-28'-17.25'' N 082-40'-54.09'' W (NAD 83)
running adjacent to the Cedar Point Marina.
    (ii) Enforcement period: Two consecutive mornings during the first
or second weekend in September. Exact dates and times will be
determined annually and the Captain of the Port will publish a Notice
of Enforcement to inform the public.
* * * * *

    Dated: January 22, 2014.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2014-06705 Filed 3-25-14; 8:45 am]
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