[Federal Register: December 29, 2005 (Volume 70, Number 249)]
[Notices]
[Page 77211-77213]
[DOCID:fr29de05-103]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53008; File No. SR-CBOE-2005-95]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to Complex Orders on the Hybrid System

December 22, 2005.
    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 December 19, 2005, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The CBOE has filed this proposal pursuant to Section 19(b)(3)(A)(iii)
of the Act \3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the
proposal effective upon filing with the Commission.\5\ The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
    \5\ The CBOE has requested that the Commission waive the 30-day
operative delay, as specified in Rule 19b-4(f)(6)(iii). 17 CFR
240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

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

    The CBOE proposes to amend CBOE Rule 6.53C, ``Complex Orders on the
Hybrid System,'' to better describe the routing of complex orders and
to include orders from Market-Makers and specialists on an options
exchange as additional order categories eligible to be routed to the
Hybrid System complex order book (``COB'') from PAR workstations or
directly to the COB. The text of the proposed rule change is available
on the Exchange's Web site (http://www.cboe.com), at the Exchange's

Office of the Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Commission recently approved CBOE Rule 6.53C, which sets forth
the procedures used to trade complex orders on the CBOE's COB
system.\6\ Currently, CBOE Rule 6.53C provides that the appropriate
Exchange committee may determine whether to allow complex orders to
route to PAR or to the COB and whether to allow

complex orders from non-broker-dealer public customers and from broker-
dealers that are not Market-Makers or specialists on an options
exchange to route from PAR workstations to the COB.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 51271 (February 28,
2005), 70 FR 10712 (March 4, 2005) (order approving File No. SR-
CBOE-2004-45).
---------------------------------------------------------------------------

    The CBOE proposes to amend CBOE Rule 6.53C to better describe the
routing of complex orders. The CBOE intended at all times and built its
COB in such a way that, depending on committee determination, complex
orders could be routed directly to the COB (which facilitates more
automated handling of complex orders), to the PAR workstation (where
complex orders are announced to the trading crowd and are traded in
open outcry), and/or from the PAR workstation to the COB.\7\
Accordingly, the revised rule more clearly states the routing
alternatives for complex orders.
---------------------------------------------------------------------------

    \7\ The appropriate committee may determine that more than one
of these routing alternatives is available. Thus, for example, if
the appropriate committee determines that the routing alternatives
available for public customer complex orders in a particular class
are to: (i) Route directly to the COB, (ii) route to PAR, and (iii)
route from PAR to the COB, a member representing a public customer
complex order could elect whether to route that order directly to
the COB or to a PAR workstation and, if routed to a PAR workstation,
whether the order would be represented in open outcry or routed from
the PAR workstation to the COB for electronic handling.
---------------------------------------------------------------------------

    The CBOE also proposes to include orders from Market-Makers and
specialists on an options exchange as additional order categories that
are eligible to be entered in the COB. As part of the original CBOE
Rule 6.53C proposal and text, the CBOE never intended to route these
types of orders to the COB (either directly to the COB or from PAR to
the COB). Instead, the CBOE intended that such orders would be routed
to PAR workstations for handling. However, the CBOE is now proposing to
make these orders eligible for entry into the COB, subject to committee
determination. The CBOE also proposes to make corresponding changes to
the rule text to clarify that, in addition to routing to PAR
workstations, as determined by the appropriate Exchange committee, such
orders would be eligible for routing from PAR workstations to the COB
and/or routing to the COB directly.
2. Statutory Basis
    The CBOE believes the proposed rule change is consistent with the
Act \8\ and the rules and regulations under the Act applicable to a
national securities exchange and, in particular, the requirements of
Section 6(b) of the Act.\9\ Specifically, the Exchange believes the
proposed rule change is consistent with Section 6(b)(5) \10\ in that it
is designed to facilitate transactions in securities, to promote just
and equitable principles of trade, to enhance competition and to
protect investors and the public interest.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78a et seq.
    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    The Exchange neither solicited nor received comments on the
proposal.

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

    The Exchange has designated the proposed rule change as one that:
(i) Does not significantly affect the protection of investors or the
public interest; (ii) does not impose any significant burden on
competition; and (iii) does not become operative for 30 days from the
date of filing, or such shorter time as the Commission may designate if
consistent with the protection of investors and the public interest. In
addition, as required under rule 19b-4(f)(6)(iii),\11\ the CBOE
provided the Commission with written notice of its intention to file
the proposed rule change, along with a brief description and the text
of the proposed rule change, at least five business days prior to
filing the proposal with the Commission. Therefore, the foregoing rule
change has become effective pursuant to Section 19(b)(3)(A) of the Act
\12\ and Rule 19b-4(f)(6) thereunder.\13\
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    Pursuant to rule 19b-4(f)(6)(iii) under the Act, a proposal does
not become operative for 30 days after the date of its filing, or such
shorter time as the Commission may designate if consistent with the
protection of investors and the public interest. The CBOE has requested
that the Commission waive the 30-day operative delay. The CBOE believes
that waiver of the 30-day operative delay is consistent with the
protection of investors and the public interest because the proposal
clarifies the CBOE's existing rule and amends the rule to allow orders
from Market Makers and options exchange specialists to be eligible for
entry into the COB, which could facilitate more automated handling of
complex orders and allow CBOE participants to access potentially larger
pools of liquidity located on the CBOE.
    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because the proposal clarifies the CBOE's existing rule and because
allowing orders from Market Makers and options exchange specialists to
be eligible for entry into the COB could facilitate the execution of
complex orders entered into the COB.\14\ For these reasons, the
Commission designates that the proposed rule change become operative
immediately.
---------------------------------------------------------------------------

    \14\ For purposes 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).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the 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.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-CBOE-2005-95 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.

All submissions should refer to File No. SR-CBOE-2005-95. 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. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-CBOE-2005-95 and should be
submitted on or before January 19, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jonathan G. Katz,
Secretary.
 [FR Doc. E5-8052 Filed 12-28-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Rules and Regulations]
[Pages 33649-33650]
[FR Doc No: 2022-11935]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2022-0361]

Safety Zones; Annual Events in the Captain of the Port Buffalo
Zone--June-August 2022, NY

AGENCY: Coast Guard, Homeland Security (DHS).

ACTION: Notification of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce certain safety zones located in
the Federal regulations for Annual Events in the Captain of the Port
Buffalo Zone. This action is necessary and intended to protect the
safety of life and property on navigable waters prior to, during, and
immediately after these events. During each enforcement period, no
person or vessel may enter the respective safety zone without the
permission of the Captain of the Port Buffalo or a designated
representative.

DATES: The regulations in 33 CFR 165.939 as listed in Table 165.939
will be enforced for the safety zones identified in the SUPPLEMENTARY
INFORMATION section below for the dates and times specified.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, contact LT Sean Dolan, Chief of Waterways
Management, Sector Buffalo, U.S. Coast Guard; telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety
Zones; Annual Events in the Captain of the Port Buffalo Zone listed in
the table to 33 CFR 165.939 for the following events:
    i. Seneca River Days Fireworks, Baldwinsville, NY: The safety zone
listed in Table 165.939 as (a)(4) will be enforced on all waters of the
Seneca River, Baldwinsville, NY within a 840-foot radius of land
position 43[deg]09'25.0'' N, 076[deg]20'21.0'' W, from 8:45 p.m.
through 9:45 p.m. on June 10, 2022.
    ii. Flagship Niagara League Mariners Ball, Erie, PA: The safety
zone listed in (a)(5) will be enforced on all waters of Presque Isle
Bay, Erie, PA within a 350-foot radius of position 42[deg]08'22.5'' N,
080[deg]05'15.6'' W, from 5:45 p.m. through 11:15 p.m. on June 4, 2022.
    iii. Hope Chest Buffalo-Niagara Dragon Boat Festival, Buffalo, NY:
The safety zone listed in (a)(6) will be enforced within All waters of
the Buffalo River, Buffalo, NY starting at position 42[deg]52'12.0'' N,
078[deg]52'17.0'' W then Southeast to 42[deg]52'03.0'' N,
078[deg]52'12.0'' W then East to 42[deg]52'03.0'' N, 078[deg]52'10.0''
W then Northwest to 42[deg]52'13.0'' N, 078[deg]52'16.0'' W and then
returning to the point of origin, from 7:45 a.m. through 5:15 p.m. on
June 18, 2022.
    iv. Town of Newfane Fireworks, Olcott, NY: The safety zone listed
in (b)(24) will be enforced on all waters of the Buffalo River,
Buffalo, NY within a 1,120 foot radius of land position
43[deg]20'23.6'' N, 078[deg]43'09.5'' W, from 9:15 p.m. through 10:45
p.m. on July 3, 2022.
    v. City of Tonawanda Fireworks, Tonawanda, NY: The safety zone
listed in (b)(25) will be enforced on all U.S. waters of the East
Niagara River within a 1,400 foot radius of land position

43[deg]01'39.6'' N, 078[deg]53'07.5'' W, from 9:15 p.m. through 10:15
p.m. on July 4, 2022.
    vi. Tom Graves Memorial Fireworks, Port Bay, NY: The safety zone
listed in (b)(27) will be enforced on all waters of Port Bay, NY,
within a 840 foot radius of the barge located in position
43[deg]17'52.4'' N, 076[deg]49'55.7'' W, from 9:45 p.m. through 10:45
p.m. on July 3, 2022.
    vii. Hamburg Beach Blast, Hamburg, NY: The safety zone listed in
(b)(33) will be enforced on all waters of Lake Erie contained within a
280 foot radius of 42[deg]45'59.21'' N, 078[deg]52'41.51'' W, from 9:15
p.m. through 10:45 p.m. on July 30, 2022.
    viii. Thunder on the Niagara Hydroplane Boat Races, Tonawanda, NY:
The safety zone listed in (c)(4) will be enforced on all U.S. waters of
the Niagara River near the North Grand Island Bridge, encompassed by a
line starting at 43[deg]03'32.9'' N, 078[deg]54'46.9'' W to
43[deg]03'14.6'' N, 078[deg]55'16.0'' W then to 43[deg]02'39.7'' N,
078[deg]54'13.1'' W then to 43[deg]02'59.9'' N, 078[deg]53'42.0'' W and
returning to the point of origin from 8:15 a.m. August 6, 2022 through
8:45 a.m. on August 7, 2022.
    Pursuant to 33 CFR 165.23, entry into, transiting, or anchoring
within these safety zones during an enforcement period is prohibited
unless authorized by the Captain of the Port Buffalo or his designated
representative; designation need not be in writing. Those seeking
permission to enter these safety zones may request permission from the
Captain of the Port Buffalo via channel 16, VHF-FM. Vessels and persons
granted permission to enter the safety zone shall obey the directions
of the Captain of the Port Buffalo or his designated representative.
While within a safety zone, all vessels shall operate at the minimum
speed necessary to maintain a safe course.
    In addition to this notification of enforcement in the Federal
Register, the Coast Guard will provide the maritime community with
advance notification of the enforcement periods via Broadcast Notice to
Mariners or other suitable means. If the Captain of the Port Buffalo
determines that the safety zone need not be enforced for the full
duration stated in this notification, he may use a Broadcast Notice to
Mariners to grant general permission to enter the respective safety
zone.

    Dated: May 16, 2022.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2022-11935 Filed 6-2-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Notices]
[Pages 15783-15784]
[FR Doc No: 2015-06828]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER15-1332-000]

Arbuckle Mountain Wind Farm LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding,
of Arbuckle Mountain Wind Farm LLC's application for market-based rate
authority, with an accompanying rate schedule, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is April 8, 2015.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies

of the intervention or protest to the Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 19, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-06828 Filed 3-24-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 2 (Thursday, January 3, 2013)]
[Rules and Regulations]
[Pages 263-266]
[FR Doc No: 2012-31561]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-1068]
RIN 1625-AA00

Safety Zones; TEMCO Grain Facilities; Columbia and Willamette
Rivers

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing temporary safety zones around
the TEMCO grain facilities on the Columbia River in Kalama, WA and the
Willamette River in Portland, OR. These safety zones extend to the
waters of the Columbia and Willamette Rivers, respectively,
approximately between the navigable channel and the facility described.
These safety zones are being established to ensure that protest
activities relating to a labor dispute involving these facilities do
not create hazardous navigation conditions for vessels in the navigable
channel or vessels attempting to moor at the facilities.

DATES: This rule is effective January 3, 2013 and has been enforced
with actual notice since December 7, 2012 and it will be enforced until
February 4, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-1068]. 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 Ensign Ian P. McPhillips, Waterways Management Division,
Marine Safety Unit Portland, U.S. Coast Guard; telephone (503) 240-
9319, email<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, 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

A. Regulatory History and Information

    The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because to do so would be impracticable since
delayed promulgation may result in injury or damage to the maritime
public, vessel crews, the vessels themselves, the facilities, and law
enforcement personnel from protest activities that could occur prior to
conclusion of a notice and comment period.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because to do otherwise would be
impracticable since the arrival of grain-shipment vessels cannot be
delayed by the Coast Guard and protest activities are unpredictable and
potentially volatile and may result in injury to persons, property, or
the environment. Delaying the effective date until 30 days after
publication may mean that grain-shipment vessels calling on the
Columbia Grain or United Grain Corporation facilities will have arrived
and/or departed before the end of a 30-day period. This delay would
eliminate the safety zones' effectiveness and usefulness in protecting
persons, property, and the safe navigation of maritime traffic during
the 30-day period.

B. Basis and Purpose

    These safety zones are being implemented to help ensure the safe
navigation of maritime traffic on the Columbia and Willamette Rivers
while grain-shipment vessels transit to and from the TEMCO grain
facilities. These safety zones apply equally to all waterway users and
are intended to allow maximum use of the waterway consistent with safe
navigation and to ensure that protestors and other river users are not
injured by deep-draft vessels with maneuvering characteristics with
which they may be unfamiliar. In addition, these safety zones around
the grain facilities are intended to ensure that protestors are not
injured due to the effects of the strong river currents around the
facilities' docks, piers, and wharves.

C. Discussion of the Final Rule

    This rule establishes temporary safety zones around the TEMCO grain
facility located on the Columbia River in Kalama, WA and the TEMCO
grain facility located on the Willamette River in Portland, OR.
    The safety zone around the TEMCO grain facility in Kalama, WA is
enclosed by three lines and the shoreline: line one starting on the
shoreline at 45-59'10'' N/122-50'09'' W then heading 150 yards offshore
to 45-59'09'' N/122-50'14'' W then heading up river 385 yards to 45-
58'58'' N/122-50'07'' then heading 150 yards to the shoreline ending at
45-59'00'' N/122-50'01'' W. In essence, these boundaries extend from
the shoreline of the facility 150 yards onto the river from each corner
of the facility and encompass all waters and structures therein. No
person or vessel may enter or remain in the safety zone unless
authorized by the Sector Columbia River Captain of the Port or his
designated representatives.
    The safety zone around the TEMCO grain facility in Portland, OR is
also enclosed by three lines and the shoreline: line one starting on
the shoreline at 45-32'10'' N/122-40'34'' W then heading 150 yards
offshore to 45-32'09'' N/122-40'39'' W then heading up river 275 yards
to 45-32'01'' N/122-40'33'' then heading 150 yards to the shoreline
ending at 45-32'04'' N/122-40'28'' W. In essence, these boundaries
extend from the shoreline of the facility 150 yards onto the river from
each corner of the facility and encompass all waters and structures
therein. No person or vessel may enter or remain in the safety zone
unless authorized by the Sector Columbia River Captain of the Port or
his designated representatives.
    This rule has been enforced with actual notice since December 7,
2012 and it will be enforced until 30 days from date of publication in
the Federal Register.

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 and 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 those Orders. Although this rule will
restrict access to the regulated areas, the effect of this rule will
not be significant because: (i) The safety zones are limited in size;
(ii) the official on-scene patrol may authorize access to the safety
zones; (iii) the safety zones will effect limited geographical
locations for a limited time; and (iv) the Coast Guard will make
notifications via maritime advisories so mariners can adjust their
plans accordingly.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule will not have a significant economic impact
on a substantial number of small entities for the following reasons:
(i) The safety zones are limited in size; (ii) the official on-scene
patrol may authorize access to the safety zones; (iii) the safety zones
will effect limited geographical locations for a limited time; and (iv)
the Coast Guard will make notifications via maritime advisories so
mariners can adjust their plans accordingly.

3. Assistance for Small Entities

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

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

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them.
    We believe that this rule and the process by which it was drafted
adhere to the federalism principles outlined in Executive Order 13132.
The Coast Guard has coordinated with the officials from the states of
Oregon and Washington in drafting this rule. By allowing state
enforcement of this rule, it is in accord with paragraph (h) of section
2 of the Executive Order, which encourages recognition of
responsibility of localities and their sub-units to pursue objectives
through their own means. This rule puts no obligation on state or
municipal governments, but simply allows for their participation in
enforcement activities.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
In preparing this temporary rule, the Coast Guard carefully considered
the rights of lawful protestors. The safety zones created by this rule
do not prohibit members of the public from assembling on shore or
expressing their points of view from locations on shore. In addition,
the Captain of the Port has identified waters adjacent to this safety
zone where those desiring to do so can assemble and express their views
without compromising the safety navigational safety. These suggested
protest areas are as follows: TEMCO Kalama Facility from the shoreline
at 45-59'10'' N/122-50'09'' W a line heading offshore 150 yards to 45-
59'09'' N/122-50'14'' W then heading up river 350 yards to 45-58'58''
N/122-50'07'' W then heading to the shoreline, ending at 45-59'00'' N/
122-50'01'' W. TEMCO Irving Facility from the shoreline at 45-32'10''
N/122-40'34'' W a line heading offshore 150 yards to 45-32'09'' N/122-
40'39'' W then heading up river 275 yards to 45-32'01'' N/122-40'33''
then heading to the shoreline, ending at 45-32'04'' N/122-40'28'' W.
    Protesters are asked to contact the person listed in the FOR
FURTHER INTFORMATION CONTACT section to coordinate protest activities
so that your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such 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 does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of temporary safety
zones around the Columbia Grain facility on the Willamette River in
Portland, OR and the United Grain Corporation facility on the Columbia
River in Vancouver, WA. This rule is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are 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, 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

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 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.

0
2. Add Sec.  165.T13.237 to read as follows:

Sec.  165.T13.237  Safety Zones; TEMCO Grain Facilities; Columbia and
Willamette Rivers.

    (a) Definitions. As used in this section:
    (1) Federal Law Enforcement Officer means any employee or agent of
the United States government who has the authority to carry firearms
and make warrantless arrests and whose duties involve the enforcement
of criminal laws of the United States.
    (2) Navigable waters of the United States means those waters
defined as such in 33 CFR part 2.
    (3) Navigation Rules means the Navigation Rules, International-
Inland.
    (4) Official Patrol means those persons designated by the Captain
of the Port to monitor a safety zone, permit entry into the zone, give
legally enforceable orders to persons or vessels within the zone and
take other actions authorized by the Captain of the Port. Federal Law
Enforcement Officers authorized to enforce this section are designated
as the Official Patrol.
    (5) Public vessel means vessels owned, chartered, or operated by
the United States, or by a State or political subdivision thereof.
    (6) Oregon Law Enforcement Officer means any Oregon Peace Officer
as defined in Oregon Revised Statutes section 161.015.
    (7) Washington Law Enforcement Officer means any General Authority
Washington Peace Officer, Limited Authority Washington Peace Officer,
or Specially Commissioned Washington Peace Officer as defined in
Revised Code of Washington section 10.93.020.
    (b) Locations. The following areas are safety zones:
    (1) TEMCO Kalama: All navigable waters of the United States within
the Sector Columbia River Captain of the Port Zone enclosed by three
lines and the shoreline: Line one starting on the shoreline at 45-
59'10'' N/122-50'09'' W then heading 150 yards offshore to 45-59'09''
N/122-50'14'' W then heading up river 385 yards to 45-58'58'' N/122-
50'07'' then heading 150 yards to the shoreline ending at 45-59'00'' N/
122-50'01'' W.
    (2) TEMCO Portland: All navigable waters of the United States
within the Sector Columbia River Captain of the Port Zone enclosed by
three lines and the shoreline: Line one starting on the shoreline at
45-32'10'' N/122-40'34'' W then heading 150 yards offshore to 45-
32'09'' N/122-40'39'' W then heading up river 275 yards to 45-32'01''
N/122-40'33'' then heading 150 yards to the shoreline ending at 45-
32'04'' N/122-40'28'' W.
    (c) Effective period. The safety zones created in this section will
be in effect from December 7, 2012 and will be enforced until 30 days
from date of publication in the Federal Register. They will be
activated for enforcement as described in paragraph (d) of this
section.
    (d) Enforcement periods. (1) The Sector Columbia River Captain of
the Port will cause notice of the enforcement of these safety zones to
be made by all appropriate means to effect the widest publicity among
the affected segments of the public as practicable, in accordance with
33 CFR 165.7. Such means of notification may include, but are not
limited to, Broadcast Notices to Mariners or Local Notices to Mariners.
The Sector Columbia River Captain of the Port will issue a Broadcast
Notice to Mariners and Local Notice to Mariners notifying the public
when enforcement of these safety zones is suspended.
    (2) Upon notice of enforcement by the Sector Columbia River Captain
of the Port the Coast Guard will enforce these safety zones in
accordance with rules set out in this section. Upon notice of
suspension of enforcement by the Sector Columbia River Captain of the
Port, all persons and vessels are authorized to enter, transit, and
exit the safety zones, consistent with the Navigation Rules.
    (e) Regulation. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into or movement within these zones is
prohibited unless authorized by the Sector Columbia River Captain of
the Port, the official patrol, or other designated representatives of
the Captain of the Port.
    (2) To request authorization to enter or operate within these
safety zones contact the on-scene official patrol on VHF-FM channel 16
or 13. Authorization will be granted based on the necessity of access
and consistent with safe navigation.
    (3) Vessels authorized to enter or operate within these safety
zones shall operate at the minimum speed necessary to maintain a safe
course and shall proceed as directed by the on-scene official patrol.
The Navigation Rules shall apply at all times within the safety zones.
    (f) Exemption. Public vessels as defined in paragraph (a) of this
section are exempt from complying with paragraph (e) of this section.
    (g) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer may enforce the rules in this section. In the navigable waters
of the United States to which this section applies, when immediate
action is required and representatives of the Coast Guard are not
present or are not present in sufficient force to provide effective
enforcement of this section, any Federal Law Enforcement Officer,
Oregon Law Enforcement Officer, or Washington Law Enforcement Officer
may enforce the rules contained in this section pursuant to 46 U.S.C.
70118. In addition, the Captain of the Port may be assisted by other
federal, state, or local agencies in enforcing this section.
    (h) Waiver. The Sector Columbia River Captain of the Port may waive
any of the requirements of this section for any vessel or class of
vessels upon finding that operational conditions or other circumstances
are such that application of this section is unnecessary or impractical
for the purpose of port safety or environmental safety.

    Dated: December 7, 2012.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2012-31561 Filed 1-2-13; 8:45 am]
BILLING CODE 9110-04-P