[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Proposed Rules]
[Pages 57378-57381]
[FR Doc No: 2023-18113]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0368]
RIN 1625-AA11

Regulated Navigation Area; St. Louis River/Duluth-Superior
Harbor, Duluth, MN

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a regulated
navigation area for certain waters of the Duluth-Superior Harbor and
the St. Louis River in Duluth, MN. This action is necessary to prevent
disrupting engineered remedies that are a part of the St. Louis River
Area of Concern sediment remediation project. This proposed rulemaking
would prohibit anchoring, dredging, laying cable, dragging, seining,
bottom fishing, conducting salvage operations, or any other activity
which could potentially disturb the riverbed in the designated area
unless authorized by the District Commander or the Captain of the Port.
We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before September 22, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0368 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Joseph R. McGinnis, telephone
218-725-3818, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    In 2019, the Minnesota Pollution Control Agency (MPCA) began
discussions with the Coast Guard and other stakeholders to explore
establishing Regulated Navigation Areas for some of the St. Louis River
Area of Concern project sites. The purpose of these Regulated
Navigation Areas is to prevent disrupting engineered remedies that are
a part of the St. Louis River Area of Concern sediment remediation
projects from unauthorized human disturbance at several remedial action
sites containing contaminated sediment. The Federal Great Lakes
Restoration Initiative funded these remedial actions under the Great
Lakes Legacy Act provisions in order to improve human and environmental
health by reducing exposure to contaminated riverbed sediments via a
variety of engineered methods. To prevent future exposure to the
contained contaminants, the engineered remedies need protection from
disturbance. In 2022, the Minnesota Pollution Control Agency notified
the Coast Guard which sites and areas would be appropriate for
Regulated Navigation Areas. The Captain of the Port of Duluth (COTP)
has determined that protection of these remedies will also protect
human and environmental health.
    The purpose of this rulemaking is to ensure the protection of the
remedies, human health, and the environment in the suggested Regulated
Navigation Areas. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    Coast Guard District Nine is proposing to establish the Regulated
Navigation Areas in order to mitigate any potential unforeseen
disruption to the remediated St. Louis River Area of Concern sites. The
Regulated Navigation Areas would cover these six remediation sites:
Minnesota Slip, Duluth, MN; Slip 3, Duluth, MN; Slip C, Duluth, MN;
Azcon/Duluth Seaway Port Authority Grafield Slip C, Duluth, MN; St.
Louis River/Interlake/Duluth Tar, Duluth, MN; U.S. Steel/Spirit Lake,
Duluth, MN. Specific coordinates are included in the supplemental
regulatory text. All vessels and persons are prohibited from activities
that would disturb the integrity of the engineered remedies designed to
address contaminated sediments at these sites. Activities may include,
but are not limited to: anchoring, dragging, spudding, propeller
scouring, or dredging. The regulatory text we are proposing appears at
the end of this document.
    The creation of the Regulated Navigation Areas will render the need
for established safety zones at two sites obsolete, so this rulemaking
would also repeal Sec.  165.905 USX Superfund Site Safety Zones: St.
Louis River and Sec.  165.927 Safety Zone; St. Louis River, Duluth/
Interlake Tar Remediation Site, Duluth, MN.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the necessity to
avoid disrupting these remediated St. Louis River Area of Concern sites
under most circumstances. Dredging projects for slips in the impacted
areas which may need to be dredged in the future require review by
state agencies prior to dredging. Thus, there should be little
disruption and/or plans to resolve any disturbance to existing remedies
prior to dredging projects.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
Regulated Navigation Areas may be small entities, for the reasons
stated in section IV.A above, this proposed rule would not have a
significant economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have

a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this proposed rule would economically affect it.
    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 proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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.
Nothing in this proposed rule will preempt the rights to hunt, fish,
and gather granted to Indian tribes under the 1854 Treaty with the U.S.
If you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination 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 proposed rule involves all
vessels. Normally such actions are categorically excluded from further
review under paragraph L[60a] of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. We seek any comments or information that
may lead to the discovery of a significant environmental impact from
this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0369 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
    Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).

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 is
proposing to amend 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: 46 U.S.C. 70034, 70051; 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.945 to read as follows:

Sec.  165.945  Regulated navigation area; St. Louis River Area of
Concern, Duluth, Minnesota

    (a) Location. The following areas are a regulated navigation area:

                                            Table 1 to Paragraph (a)
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                                                                          Regulated area (Note: all geographic
                                                                       coordinates expressed in term of latitude
                 Number                            Site name            and longitude datum are based on WGS 84
                                                                                coordinates)
----------------------------------------------------------------------------------------------------------------
1.......................................  Minnesota Slip, Duluth, MN.  The aquatic area within a polygon
                                                                        connected by the following points:
                                                                           46[deg]46'53.4268'' N
                                                                           092[deg]05'45.2210'' W.
                                                                           46[deg]46'53.1146'' N
                                                                           092[deg]05'46.1287'' W.
                                                                           46[deg]46'52.1716'' N
                                                                           092[deg]05'45.4669'' W.
                                                                           46[deg]46'51.8253'' N
                                                                           092[deg]05'46.6317'' W.
                                                                           46[deg]46'52.1940'' N
                                                                           092[deg]05'46.7526'' W.
                                                                           46[deg]47'01.7900'' N
                                                                           092[deg]05'50.8326'' W.
                                                                           46[deg]47'00.8887'' N
                                                                           092[deg]05'52.4477'' W.
2.......................................  Slip 3, Duluth, MN.........  The aquatic area within a polygon
                                                                        connected by the following points:
                                                                           46[deg]46'34.9277'' N
                                                                           092[deg]06'18.2902'' W.
                                                                           46[deg]46'36.8355'' N
                                                                           092[deg]06'18.7654'' W.
                                                                           46[deg]46'38.5299'' N
                                                                           092[deg]06'21.5290'' W.
                                                                           46[deg]46'37.6368'' N
                                                                           092[deg]06'22.6961'' W.
3.......................................  Slip C, Duluth, MN.........  The aquatic area to the southwest of a
                                                                        line connected by the following points:
                                                                           46[deg]46'22.1579'' N
                                                                           092[deg]06'31.4489'' W.
                                                                           46[deg]46'21.0546'' N
                                                                           092[deg]06'27.9639'' W.
4.......................................  Azcon/Duluth Seaway Port     The aquatic area within a polygon
                                           Authority Garfield Slip C,   connected by the following points:
                                           Duluth, MN.                  46[deg]45'41.9081'' N
                                                                        092[deg]06'11.5069'' W.
                                                                           46[deg]45'41.7040'' N
                                                                           092[deg]06'11.5337'' W.
                                                                           46[deg]45'41.2503'' N
                                                                           092[deg]06'12.6746'' W.
                                                                           46[deg]45'40.8467'' N
                                                                           092[deg]06'12.3733'' W.
                                                                           46[deg]45'40.3784'' N
                                                                           092[deg]06'13.6404'' W.
                                                                           46[deg]45'40.1196'' N
                                                                           092[deg]06'13.7025'' W.
                                                                           46[deg]45'39.3277'' N
                                                                           092[deg]06'13.0539'' W.
                                                                           46[deg]45'37.0413'' N
                                                                           092[deg]06'19.3995'' W.
                                                                           46[deg]45'37.8242'' N
                                                                           092[deg]06'19.9225'' W.
                                                                           46[deg]45'38.2401'' N
                                                                           092[deg]06'19.8461'' W.
                                                                           46[deg]45'38.7466'' N
                                                                           092[deg]06'20.2255'' W.
5.......................................  St. Louis River/Interlake/   The aquatic area north of a line
                                           Duluth Tar, Duluth, MN.      connected by the following points:
                                                                        46[deg]43'12.8964'' N
                                                                        092[deg]10'30.7956'' W.
                                                                           46[deg]43'12.1656'' N
                                                                           092[deg]10'28.1136'' W.
                                                                           46[deg]43'09.3576'' N
                                                                           092[deg]10'26.0256'' W.
                                                                           46[deg]43'09.2748'' N
                                                                           092[deg]10'25.9932'' W.
                                                                           46[deg]43'08.8500'' N
                                                                           092[deg]10'25.6872'' W.
                                                                           46[deg]43'08.8320'' N
                                                                           092[deg]10'21.8352'' W.
                                                                           46[deg]43'08.0436'' N
                                                                           092[deg]10'19.5564'' W.
                                                                           46[deg]43'08.4936'' N
                                                                           092[deg]10'19.0236'' W.
                                                                           46[deg]43'09.3828'' N
                                                                           092[deg]10'21.4140'' W.
                                                                           46[deg]43'10.1640'' N
                                                                           092[deg]10'22.0224'' W.
                                                                           46[deg]43'10.8192'' N
                                                                           092[deg]10'21.6264'' W.
                                                                          and the aquatic area to the north of a
                                                                           line connected by the following
                                                                           points:
                                                                           46[deg]43'11.9208'' N
                                                                           092[deg]10'03.2772'' W.
                                                                           46[deg]43'12.1620'' N
                                                                           092[deg]10'01.6500'' W.
                                                                           46[deg]43'07.6872'' N
                                                                           092[deg]09'48.3840'' W.
                                                                           46[deg]43'08.1300'' N
                                                                           092[deg]09'42.4980'' W.
                                                                           46[deg]43'10.2072'' N
                                                                           092[deg]09'42.4620'' W.
6.......................................  U.S. Steel/Spirit Lake,      The aquatic area to the west of a line
                                           Duluth, MN.                  connected by the following points:
                                                                           46[deg]41'38.8208'' N
                                                                           092[deg]12'12.7736'' W.
                                                                           46[deg]41'39.6166'' N
                                                                           092[deg]12'08.8750'' W.
                                                                           46[deg]41'39.3879'' N
                                                                           092[deg]12'05.5895'' W.
                                                                           46[deg]41'39.2250'' N
                                                                           092[deg]12'04.3468'' W.
                                                                           46[deg]41'39.1231'' N
                                                                           092[deg]12'02.9108'' W.
                                                                           46[deg]41'38.9452'' N
                                                                           092[deg]12'01.1111'' W.
                                                                           46[deg]41'38.6133'' N
                                                                           092[deg]11'59.4509'' W.
                                                                           46[deg]41'38.3046'' N
                                                                           092[deg]11'57.7306'' W.
                                                                           46[deg]41'37.2472'' N
                                                                           092[deg]11'53.6615'' W.
                                                                           46[deg]41'36.1915'' N
                                                                           092[deg]11'49.7903'' W.
                                                                           46[deg]41'34.5164'' N
                                                                           092[deg]11'45.6293'' W.
                                                                           46[deg]41'33.5446'' N
                                                                           092[deg]11'43.9431'' W.
                                                                           46[deg]41'30.8242'' N
                                                                           092[deg]11'43.9684'' W.
                                                                           46[deg]41'30.8278'' N
                                                                           092[deg]11'39.9806'' W.
                                                                           46[deg]41'29.1156'' N
                                                                           092[deg]11'38.2350'' W.
                                                                           46[deg]41'27.0671'' N
                                                                           092[deg]11'37.5149'' W.
                                                                           46[deg]41'25.4408'' N
                                                                           092[deg]11'36.7605'' W.
                                                                           46[deg]41'25.0347'' N
                                                                           092[deg]11'36.5722'' W.
                                                                           46[deg]41'22.7528'' N
                                                                           092[deg]11'36.0788'' W.
                                                                           46[deg]41'20.7010'' N
                                                                           092[deg]11'35.6137'' W.
                                                                           46[deg]41'19.6484'' N
                                                                           092[deg]11'35.5431'' W.
                                                                           46[deg]41'19.6484'' N
                                                                           092[deg]11'35.5431'' W.
                                                                           46[deg]41'18.5660'' N
                                                                           092[deg]11'35.0700'' W.

                                                                           46[deg]41'16.5697'' N
                                                                           092[deg]11'34.5434'' W.
                                                                           46[deg]41'14.4790'' N
                                                                           092[deg]11'33.9685'' W.
                                                                           46[deg]41'12.3306'' N
                                                                           092[deg]11'33.9221'' W.
                                                                           46[deg]41'12.7159'' N
                                                                           092[deg]11'44.4501'' W.
                                                                           46[deg]41'02.1240'' N
                                                                           092[deg]11'44.4501'' W.
                                                                           46[deg]41'01.9943'' N
                                                                           092[deg]11'40.5819'' W.
                                                                           46[deg]41'04.0665'' N
                                                                           092[deg]11'39.1344'' W.
                                                                           46[deg]41'03.8696'' N
                                                                           092[deg]11'36.2223'' W.
                                                                           46[deg]41'02.0724'' N
                                                                           092[deg]11'34.3605'' W.
                                                                           46[deg]40'56.9795'' N
                                                                           092[deg]11'32.1366'' W.
                                                                           46[deg]40'55.9436'' N
                                                                           092[deg]11'32.3531'' W.
                                                                           46[deg]40'53.8981'' N
                                                                           092[deg]11'32.7804'' W.
                                                                           46[deg]40'51.2261'' N
                                                                           092[deg]11'33.1191'' W.
                                                                           46[deg]40'48.9634'' N
                                                                           092[deg]11'33.1528'' W.
                                                                           46[deg]40'46.4928'' N
                                                                           092[deg]11'32.8907'' W.
                                                                           46[deg]40'45.2017'' N
                                                                           092[deg]11'32.5057'' W.
                                                                           46[deg]40'42.1916'' N
                                                                           092[deg]11'38.3025'' W.
                                                                           46[deg]40'38.9992'' N
                                                                           092[deg]11'44.4501'' W.
                                                                           46[deg]40'32.6805'' N
                                                                           092[deg]11'44.4595'' W.
                                                                           46[deg]40'28.8937'' N
                                                                           092[deg]11'44.7158'' W.
                                                                           46[deg]40'27.5301'' N
                                                                           092[deg]11'46.0856'' W.
                                                                           46[deg]40'26.6103'' N
                                                                           092[deg]11'47.3902'' W.
                                                                           46[deg]40'26.2216'' N
                                                                           092[deg]11'48.4650'' W.
                                                                           46[deg]40'25.0613'' N
                                                                           092[deg]11'51.2108'' W.
----------------------------------------------------------------------------------------------------------------

    (b) Regulations. In addition to the general Regulated Navigation
Area regulations in Sec. Sec.  165.10, 165.11, and 165.13:
    (1) All vessels and persons are prohibited from activities that
would disturb the integrity of engineered remedies designed to address
contaminated sediments at the sites identified above that are described
in the St. Louis River Area of Concern Remedial Action Plan. Such
activities may include, but are not limited to: anchoring, dragging,
spudding, propeller scouring, or dredging.
    (2) The prohibitions described in paragraph (b)(1) of this section
shall not apply to vessels or persons engaged in activities associated
with future contaminated sediment remediation projects or other state
or federally approved and permitted construction or monitoring
projects, provided that the Captain of the Port (COTP), Duluth, is
given advance notice of those activities by the local, state, or
Federal agencies or by the regulated private entities conducting those
activities.
    (3) The prohibitions described in paragraph (b)(1) of this section
shall not supersede restrictions outlined in executed Records of
Decision for Superfund sites.
    (4) Vessels may otherwise transit or navigate within this area
without reservation.
    (c) Waivers. Upon written request stating the need for and proposed
conditions of the waiver and any proposed precautionary measures, the
Captain of the Port (COTP) Duluth may, in consultation with local,
state, and Federal agencies or regulated private entities, authorize a
waiver from this section if the COTP determines that activity for which
the waiver is sought can take place without undue risk to environmental
remediation construction, monitoring, and maintenance. Requests for
waivers should be submitted in writing to Commander, U.S. Coast Guard
Marine Safety Unit, Duluth, 515 West First Street, Room 145, Duluth, MN
55802 to facilitate review by the U.S. Coast Guard.
    (d) Penalties. Those who violate this section are subject to the
penalties set forth in 46 U.S.C. 70036.
    (e) Enforcement period. This Regulated Navigation Area's
requirements are enforceable 24 hours a day as long as this Regulated
Navigation Area is in place.
    (f) Contact information. If you observe violations of the
regulations in this section, you may notify the COTP by email, at
[email protected], or by phone,<PHONE_NUMBER>.

    Dated: August 17, 2023.
Jonathan P. Hickey,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2023-18113 Filed 8-22-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Proposed Rules]
[Pages 11161-11164]
[FR Doc No: 2016-04664]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0115]
RIN 1625-AA00

Safety Zone; Xterra Swim, Myrtle Beach, SC Intracoastal Waterway;
Myrtle Beach, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to issue a temporary safety zone on
the waters of the Intracoastal Waterway in Myrtle Beach, South
Carolina. The Xterra Swim is scheduled to take place on Sunday, April
24, 2016. The temporary safety zone is necessary for the safety of the
swimmers, participant vessels, spectators, and the general public
during the event. The temporary safety zone will restrict vessel
traffic in a portion of the Intracoastal Waterway, preventing non-
participant vessels from entering, transiting through, anchoring in, or
remaining within the regulated area unless authorized by the Captain of
the Port Charleston or a designated representative.

DATES: Comments and related material must be received by the Coast
Guard on or before April 4, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0115 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant John Downing, Sector
Charleston Office of Waterways Management, Coast Guard; telephone (843)
740-3184, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Public Participation and Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that Web site's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted or a final rule is published.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).

II. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

III. Basis, Purpose, and Background

    On February 8, 2016, Set Up Events notified the Coast Guard that it
will be sponsoring the Xterra Myrtle Beach Swim from 7:15 a.m. to 9:15
a.m. on April 24, 2016. The legal basis for the proposed rule is the
Coast Guard's Authority to establish a safety zone: 33 CFR part 165.
The purpose of the proposed rule is to ensure safety of life on the
navigable water of the United States during the swim portion of the
Xterra Myrtle Beach Triathlon.

IV. Discussion of Proposed Rule

    The Coast Guard proposes to establish a temporary safety zone on
the Atlantic Intracoastal Waterway in Myrtle Beach, South Carolina
during the Xterra Myrtle Beach Triathlon, on April 24, 2016.
Approximately 75 swimmers are anticipated to participate in the race.
Persons and vessels desiring to enter, transit through, anchor in, or
remain within the regulated area may contact the Captain of the Port
Charleston by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative. The Coast Guard will
provide notice of the safety zone by Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.

V. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive Orders (E.O.s) related to rulemaking. Below we summarize
our analyses based on a number of these statutes and executive orders.

A. Regulatory Planning and Review

    E.O.s 12866 (``Regulatory Planing and Review'') and 13563
(``Improving Regulation and Regulatory Review'') direct agencies to
assess the costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
E.O.13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility.
    This proposed rule is not a significant regulatory action under
section 3(f) of E.O. 12866, as supplemented by E.O. 13563, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of E.O. 12866. The Office of Management and Budget (OMB) has
not reviewed it under E.O. 12866.
    The economic impact of this proposed rule is not significant for
the following reasons: (1) The temporary safety zone would be enforced
for only two hours; (2) although persons and vessels would not be able
to enter, transit through, anchor in, or remain within the regulated
area without authorization from the Captain of the Port Charleston or a
designated representative, they would be able to operate in the
surrounding area during the enforcement periods; (3) persons and
vessels would still be able to enter, transit through, anchor in, or
remain within the regulated area if authorized by the Captain of the
Port Charleston or a designated representative; and (4) the Coast Guard
would provide advance notification of the regulated area to the local
maritime community by Local Notice to Mariners and Broadcast Notice to
Mariners.

B. Impact on Small Entities

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this proposed 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.
    This rule may affect the following entities, some of which may be
small entities: The owner or operators of vessels intending to enter,
transit through, anchor in, or remain within the regulated area during
the enforcement period. However, for the reasons discussed in
Regulatory Planning and Review section above, this rule will not have a
significant economic impact on a substantial number of small entities.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule would not have a significant economic impact on a
substantial number of small entities. If you think that your business,
organization, or governmental jurisdiction qualifies as a small entity
and that this rule would have a significant economic impact on it,
please submit a comment (see ADDRESSES) explaining why you think it
qualifies and how and to what degree this rule would economically
affect it.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on

them and participate in the rulemaking. If the proposed rule would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please consult Lieutenant John Downing using the contact
information given in FOR FURTHER INFORMATION CONTACT. 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.
    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).

D. Collection of Information

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

E. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.

F. 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

G. Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under E.O. 12630 (``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'').

H. Civil Justice Reform

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

I. Protection of Children

    We have analyzed this proposed rule under E.O. 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.

J. Indian Tribal Governments

    This proposed rule does not have tribal implications under E.O.
13175 (``Consultation and Coordination with Indian Tribal
Governments''), because it would 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.

K. Energy Effects

    We have analyzed this proposed rule under E.O. 13211 (``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use''). We have determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under E.O. 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy.

L. Technical Standards

    The National Technology Transfer and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies to use voluntary consensus
standards in their regulatory activities unless the agency provides
Congress, through OMB, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g.,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this proposed 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 (42 U.S.C. 4321-4370f), and have made
a preliminary determination 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 proposed rule involves a
temporary safety zone issued in conjunction with a regatta or marine
parade. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. We seek
any comments or information that may lead to the discovery of a
significant environmental impact from this rule.

N. 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.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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; 50 U.S.C. 191; 33 CFR 1.05-
1(g), 6.04-1, and 160.5; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add a temporary Sec.  165.T07-0115 to read as follows:

Sec.  165.T07-0115  Safety Zone; Xterra Swim, Myrtle Beach SC.

    (a) Regulated area. The rule establishes a temporary safety zone on
certain waters of Intracoastal Waterway, Myrtle Beach, South Carolina.
The temporary safety zone consists of the following two points of
position and the North shore: 33[deg]45.076 N., 78[deg]50.790 W., to
33[deg]45.323 N., 78[deg]50.214 W. All coordinates are North American
Datum 1983.

    (b) Definition. As used in this section, ``designated
representative'' means Coast Guard Patrol Commanders, including Coast
Guard coxswains, petty officers, and other officers operating Coast
Guard vessels, and Federal, state, and local officers designated by or
assisting the Captain of the Port Charleston in the enforcement of the
regulated areas.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area, except persons and vessels participating in the Xterra
Swim, Myrtle Beach, or serving as safety vessels.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Charleston by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Marine Safety Information Bulletins, Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
    (d) Enforcement period. This rule will be enforced on April 24,
2016 from 7:15 a.m. until 9:15 a.m.

    Dated: February 26, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-04664 Filed 3-2-16; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: January 9, 2009 (Volume 74, Number 6)]
[Notices]
[Page 909-910]
[DOCID:fr09ja09-44]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2007-D-0306] (formerly Docket No. 2007D-0459)

International Conference on Harmonisation; Guidance on Q4B
Evaluation and Recommendation of Pharmacopoeial Texts for Use in the
International Conference on Harmonisation Regions; Annex on Test for
Particulate Contamination: Subvisible Particles General Chapter;
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a guidance entitled ``Q4B Evaluation and Recommendation
of Pharmacopoeial Texts for Use in the ICH Regions; Annex 3: Test for
Particulate Contamination: Subvisible Particles General Chapter.'' The
guidance was prepared under the auspices of the International
Conference on Harmonisation of Technical Requirements for Registration
of Pharmaceuticals for Human Use (ICH). The guidance provides the
results of the ICH Q4B evaluation of the Test for Particulate
Contamination: Subvisible Particles General Chapter harmonized text
from each of the three pharmacopoeias (United States, European, and
Japanese) represented by the Pharmacopoeial Discussion Group (PDG). The
guidance conveys recognition of the three pharmacopoeial methods by the
three ICH regulatory regions and provides specific information
regarding the recognition. The guidance is intended to recognize the
interchangeability between the local regional pharmacopoeias, thus
avoiding redundant testing in favor of a common testing strategy in
each regulatory region. In the Federal Register of February 21, 2008
(73 FR 9575), FDA made available a guidance on the Q4B process entitled
``Q4B Evaluation and Recommendation of Pharmacopoeial Texts for Use in
the ICH Regions.''

DATES: Submit written or electronic comments on agency guidances at any
time.

ADDRESSES: Submit written requests for single copies of the guidance to
the Division of Drug Information (HFD-240), Center for Drug Evaluation
and Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 51, rm. 2201, Silver Spring, MD 20993-0002; or the Office of
Communication, Training, and Manufacturers Assistance (HFM-40), Center
for Biologics Evaluation and Research (CBER), Food and Drug
Administration, 1401 Rockville Pike, suite 200N, Rockville, MD 20852-
1448. The guidance may also be obtained by mail by calling CBER at 1-
800-835-4709 or<PHONE_NUMBER>. Send two self-addressed adhesive labels
to assist the office in processing your requests. Submit written
comments on the guidance to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. Submit electronic comments to http://
www.regulations.gov. See the SUPPLEMENTARY INFORMATION section for
electronic access to the guidance document.

FOR FURTHER INFORMATION CONTACT:
    Regarding the guidance: Robert H. King, Sr., Center for Drug
Evaluation and Research (HFD-003), Food and Drug Administration, 10903
New Hampshire Ave., Bldg. 51, rm. 4150, Silver Spring, MD 20993-0002,
301-796-1242; or
    Christopher Joneckis, Center for Biologics Evaluation and Research
(HFM-1), Food and Drug Administration, 1401 Rockville Pike, suite 200N,
Rockville, MD 20852-1448,<PHONE_NUMBER>.
    Regarding the ICH: Michelle Limoli, Office of International
Programs (HFG-1), Food and Drug Administration, 5600 Fishers Lane,
Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    In recent years, many important initiatives have been undertaken by
regulatory authorities and industry associations to promote
international harmonization of regulatory requirements. FDA has
participated in many meetings designed to enhance harmonization and is
committed to seeking scientifically based harmonized technical
procedures for pharmaceutical development. One of the goals of
harmonization is to identify and then reduce differences in technical
requirements for drug development among regulatory agencies.
    ICH was organized to provide an opportunity for tripartite
harmonization initiatives to be developed with input from both
regulatory and industry representatives. FDA also seeks input from
consumer representatives and others. ICH is concerned with
harmonization of technical requirements for the registration of
pharmaceutical products among three regions: The European Union, Japan,
and the United States. The six ICH sponsors are the European
Commission; the European Federation of Pharmaceutical Industries
Associations; the Japanese Ministry of Health, Labour, and Welfare; the
Japanese Pharmaceutical Manufacturers Association; the Centers for Drug
Evaluation and Research and Biologics Evaluation and Research, FDA; and
the Pharmaceutical Research and Manufacturers of America. The ICH
Secretariat, which coordinates the preparation of documentation, is
provided by the International Federation of Pharmaceutical
Manufacturers Associations (IFPMA).
    The ICH Steering Committee includes representatives from each of
the ICH sponsors and the IFPMA, as well as observers from the World
Health Organization, Health Canada, and the European Free Trade Area.
    In the Federal Register of December 17, 2007 (72 FR 71416), FDA
published a notice announcing the availability of a draft tripartite
guidance entitled ``Q4B Evaluation and Recommendation of Pharmacopoeial
Texts for Use in the ICH Regions; Annex 3: Test for Particulate
Contamination: Subvisible Particles General Chapter.'' The notice gave
interested persons an opportunity to submit comments by February 15,
2008.
    After consideration of the comments received and revisions to the
guidance, a final draft guidance entitled ``Q4B Evaluation and
Recommendation of Pharmacopoeial Texts for Use in the ICH Regions;
Annex 3: Test for Particulate Contamination: Subvisible Particles
General Chapter'' was submitted to the ICH Steering Committee and
endorsed by the three participating regulatory agencies in June 2008.
    The guidance provides the specific evaluation outcome from the ICH
Q4B process for the Test for Particulate Contamination: Subvisible
Particles General Chapter harmonization proposal originating from the
three-party PDG. This guidance is in the form of an annex to the core
ICH Q4B guidance. When implemented, the annex will provide guidance for
industry and regulators on the use of the specific pharmacopoeial texts
evaluated by the ICH Q4B process. Following receipt of comments on the
draft, no substantive changes were made to the annex.
    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
agency's current thinking on this topic. It does not create or confer
any rights for or on any person and does not operate to bind FDA or the
public. An alternative approach may be used if such approach satisfies
the requirements of the applicable statutes and regulations.

II. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding this document.
Submit a single copy of electronic comments or two paper copies of any
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified with the docket number found in brackets
in the heading of this document. Received comments may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
    Please note that on January 15, 2008, the FDA Division of Dockets
Management Web site transitioned to the Federal Dockets Management
System (FDMS). FDMS is a Government-wide, electronic docket management
system. Electronic comments or submissions will be accepted by FDA only
through FDMS at http://www.regulations.gov.

III. Electronic Access

    Persons with access to the Internet may obtain the document at
http://www.regulations.gov, http://www.fda.gov/cder/guidance/index.htm,
or http://www.fda.gov/cber/guidelines.htm.

    Dated: December 30, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E9-214 Filed 1-8-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Notices]
[Pages 57081-57083]
[FR Doc No: 2019-23176]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87341; File No. SR-CBOE-2019-100]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
To Extend the Pilot Period Related to the Market-Wide Circuit Breaker
in Rule 5.22

October 18, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 16, 2019, Cboe Exchange, Inc. (the ``Exchange'' or
``Cboe Options'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the Exchange. The
Exchange filed the proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule
19b-4(f)(6) thereunder.\4\ 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).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to extend the pilot period related to the market-wide circuit breaker
in Rule 5.22. The text of the proposed rule change is provided in
Exhibit 5.
    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to extend the pilot period related to the market-wide circuit breaker
in Rule 5.22. The text of the proposed rule change is provided in
Exhibit 5.[sic]
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), 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
    Exchange Rule 5.22 describes the methodology for determining when
to halt trading in all stock options due to extraordinary market
volatility, i.e., market-wide circuit breakers (``MWCB''). The MWCB
mechanism was approved by the Securities and Exchange Commission (the
``Commission'') to operate on a pilot basis, the term of which was to
coincide with the pilot period for the Plan to

Address Extraordinary Market Volatility Pursuant to Rule 608 of
Regulation NMS (the ``LULD Plan''),\5\ including any extensions to the
pilot period for the LULD Plan. Though the LULD Plan was primarily
designed for equity markets, the Exchange believed it would,
indirectly, potentially impact the options markets as well. Thus, the
Exchange has previously adopted and amended Rule 5.22 \6\ (as well as
other options pilot rules) to ensure the option markets were not harmed
as a result of the Plan's implementation and implemented such rule on a
pilot basis that has coincided with the pilot period for the Plan.\7\
The Commission recently approved an amendment to the LULD Plan for it
to operate on a permanent, rather than pilot, basis.\8\ In light of the
proposal to make the LULD Plan permanent, the Exchange amended Rule
5.22 to untie the pilot's effectiveness from that of the LULD Plan and
to extend the pilot's effectiveness to the close of business on October
18, 2019.\9\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012). The LULD Plan provides a
mechanism to address extraordinary market volatility in individual
securities.
    \6\ The Exchange recently restructured its Rulebook and
relocated previous Rule 6.3B, governing the MWCB mechanism, to
current Rule 5.22. No substantive changes were made to the rule. See
Securities Exchange Act Release No. 87224 (October 4, 2019), 84 FR
54652 (October 10, 2019) (SR-CBOE-2019-081).
    \7\ See Securities Exchange Act Release Nos. 65438 (September
28, 2011), 76 FR 61447 (October 4, 2011) (SR-CBOE-2011-087)
(amending Rule 5.22, prior Rule 6.3B, for determining when to halt
trading in all stocks and stock options due to extraordinary market
volatility); 68770 (January 30, 2013), 78 FR 8211 (February 5, 2013)
(SR-CBOE-2013-011) (amending Rule 5.22, prior Rule 6.3B, to delay
the operative date of the pilot to coincide with the initial date of
operations of the Plan); and 85616 (April 11, 2019), 84 FR 16093
(April 17, 2019) (SR-CBOE-2019-020) (proposal to extend the pilot
for certain options pilots, including Rule 5.22, prior Rule 6.3B).
    \8\ See Securities Exchange Act Release No. 85623 (April 11,
2019), 84 FR 16086 (April 17, 2019) (Order Approving Amendment No.
18).
    \9\ See Securities Exchange Act Release No. 85616 (April 11,
2019), 84 FR 16093 (April 17, 2019) (SR-CBOE-2019-020) (proposal to
extend the pilot for certain options pilots, including Rule 5.22,
prior Rule 6.3B).
---------------------------------------------------------------------------

    The Exchange now proposes to amend Rule 5.22 to extend the pilot to
the close of business on October 18, 2020. This filing does not propose
any substantive or additional changes to Rule 5.22. The Exchange will
use the extension period to develop with the other SROs rules and
procedures that would allow for the periodic testing of the performance
of the MWCB mechanism, with industry member participation in such
testing. The extension will also permit the exchanges to consider
enhancements to the MWCB processes such as modifications to the Level 3
process.
    The market-wide circuit breaker under Rule 5.22 provides an
important, automatic mechanism that is invoked to promote stability and
investor confidence during a period of significant stress when
securities markets experience extreme broad-based declines. As stated
above, because all U.S. equity exchanges and FINRA adopted uniform
rules on a pilot basis relating to market-wide circuit breakers in 2012
(``MWCB Rules''), which are designed to slow the effects of extreme
price movement through coordinated trading halts across securities
markets when severe price declines reach levels that may exhaust market
liquidity, the Exchange, too, adopted a MWCB mechanism on a pilot basis
pursuant to Rule 5.22[sic] Market-wide circuit breakers provide for
trading halts in all equities and options markets during a severe
market decline as measured by a single-day decline in the S&P 500
Index.
    Pursuant to Rule 5.22, a market-wide trading halt will be triggered
if the S&P 500 Index declines in price by specified percentages from
the prior day's closing price of that index. Currently, the triggers
are set at three circuit breaker thresholds: 7% (Level 1), 13% (Level
2), and 20% (Level 3). A market decline that triggers a Level 1 or
Level 2 halt after 9:30 a.m. ET and before 3:25 p.m. ET would halt
market-wide trading for 15 minutes, while a similar market decline at
or after 3:25 p.m. ET would not halt market-wide trading. A market
decline that triggers a Level 3 halt, at any time during the trading
day, would halt market-wide trading until the primary listing market
opens the next trading day.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\10\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \11\ requirements that the rules of an exchange be
designed 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. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \12\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
    \12\ Id.
---------------------------------------------------------------------------

    The MWCB mechanism under Rule 5.22 is an important, automatic
mechanism that is invoked to promote stability and investor confidence
during a period of significant stress when securities markets
experience extreme broad-based declines. Extending the MWCB pilot for
an additional year would ensure the continued, uninterrupted operation
of a consistent mechanism to halt trading across the U.S. markets while
the Exchange, with the other SROs, consider and develop rules and
procedures that would allow for the periodic testing of the performance
of the MWCB mechanism, which would include industry member
participation in such testing. The extension will also permit the
exchanges to consider enhancements to the MWCB processes such as
modifications to the Level 3 process.
    The Exchange also believes that the proposed rule change promotes
just and equitable principles of trade in that it promotes transparency
and uniformity across markets concerning when and how to halt trading
in all stocks as a result of extraordinary market volatility. Based on
the foregoing, the Exchange believes the benefits to market
participants from the MWCB under Rule 5.22 should continue on a pilot
basis because the MWCB will promote fair and orderly markets, and
protect investors and the public interest.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act because the proposal would
ensure the continued, uninterrupted operation of a consistent mechanism
to halt trading across the U.S. markets while the Exchange, in
conjunction with the other SROs, consider and develop rules and
procedures that would allow for the periodic testing of the performance
of the MWCB mechanism. In addition, as noted above, the extension will
permit the exchanges to consider enhancements to the MWCB processes
such as modifications to the Level 3

process. Further, the Exchange understands that FINRA and other
national securities exchanges will file proposals to extend their rules
regarding the market-wide circuit breaker pilot. Thus, the proposed
rule change will help to ensure consistency across market centers
without implicating any competitive issues.

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
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: (1)
Significantly affect the protection of investors or the public
interest; (2) impose any significant burden on competition; and (3)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-
4(f)(6) \14\ thereunder.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Commission has waived the pre-filing requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \15\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\16\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative upon filing. Extending the pilot for an additional
year will allow the uninterrupted operation of the existing pilot to
halt trading across the U.S. markets. Therefore, the Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest. The Commission hereby
designates the proposed rule change to be operative upon filing.\17\
---------------------------------------------------------------------------

    \15\ Id.
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Cboe-2019-100 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-Cboe-2019-100. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly.
    All submissions should refer to File Number SR-Cboe-2019-100 and
should be submitted on or before November 14, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-23176 Filed 10-23-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 140 (Thursday, July 21, 2011)]
[Rules and Regulations]
[Pages 43576-43577]
[FR Doc No: 2011-18134]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0046; Airspace Docket No. 11-ACE-1]

Amendment of Class E Airspace; Hannibal, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace for Hannibal, MO.
Decommissioning of the Hannibal non-directional beacon (NDB) at
Hannibal Regional Airport, Hannibal, MO, has made this action necessary
to enhance the safety and management of Instrument Flight Rule (IFR)
operations at the airport. This action also changes the airport name
and updates the geographic coordinates of the airport.

DATES: Effective date: 0901 UTC, October 20, 2011. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On May 18, 2011, the FAA published in the Federal Register a notice
of proposed rulemaking to amend Class E airspace for Hannibal, MO,
reconfiguring controlled airspace at Hannibal Regional Airport (76 FR
28685) Docket No. FAA-2011-0046. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received. Class E airspace
designations are published in paragraph 6005 of FAA Order 7400.9U dated

August 18, 2010, and effective September 15, 2010, which is
incorporated by reference in 14 CFR part 71.1. The Class E airspace
designations listed in this document will be published subsequently in
the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by amending Class E airspace extending upward from 700 feet
above the surface for the Hannibal, MO area. Decommissioning of the
Hannibal NDB and cancellation of the NDB approach at Hannibal Regional
Airport has made reconfiguration of the airspace necessary for the
safety and management of IFR operations at the airport. This action
also updates the airport name from ``Hannibal Municipal Airport'' to
``Hannibal Regional Airport'' and adjusts the geographic coordinates to
coincide with the FAA's aeronautical database.
    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.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority 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 amends controlled airspace at Hannibal Regional Airport,
Hannibal, MO.

List 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 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR part 71.1 of the Federal
Aviation Administration Order 7400.9U, Airspace Designations and
Reporting Points, dated August 18, 2010, and effective September 15,
2010 is amended as follows:
* * * * *

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface.

* * * * *

ACEMO E5 Hannibal, MO [Amended]

Hannibal Regional Airport, MO
    (Lat. 39[deg]43'31'' N., long. 91[deg]26'38'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Hannibal Regional Airport.

    Issued in Fort Worth, Texas, on July 13, 2011.
Walter L. Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2011-18134 Filed 7-20-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 84 (Wednesday, May 3, 2017)]
[Notices]
[Pages 20609-20610]
[FR Doc No: 2017-08917]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2007-0008]

National Advisory Council; Meeting

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Committee management; notice of Open Federal Advisory Committee
meeting.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) National
Advisory Council (NAC) will meet in person on May 23-25, 2017 in Tampa,
FL. The meeting will be open to the public.

DATES: The NAC will meet Tuesday, May 23, 2017 from 8:00 a.m. to 5:00
p.m., Wednesday, May 24, 2017 from 8:30 a.m. to 5:00 p.m., and
Thursday, May 25, 2017 from 8:30 a.m. to 1:00 p.m. Eastern Daylight
Time (EDT). Please note that the meeting may close early if the NAC has
completed its business.

ADDRESSES: The meeting will be held at The Barrymore Hotel Tampa
Riverwalk located at 111 W. Fortune St., Tampa, FL 33602. It is
recommended that attendees register with FEMA prior to the meeting by
providing your name, telephone number, email address, title, and
organization to the person listed in FOR FURTHER INFORMATION CONTACT
below.
    For information on facilities or services for individuals with
disabilities or to request special assistance at the meeting, contact
the person listed in FOR FURTHER INFORMATION CONTACT below as soon as
possible.
    To facilitate public participation, members of the public are
invited to provide written comments on the issues to be considered by
the NAC listed in the agenda. The ``Agenda'' section below outlines
these issues. The full agenda and any related documents for this
meeting will be posted by Friday, May 19 on the NAC Web site at http://www.fema.gov/national-advisory-council. Written comments must be
submitted and received by 5:00 p.m. EDT on May 12, 2017, identified by
Docket ID FEMA-2007-0008, and submitted by one of the following
methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Email<EMAIL_ADDRESS>Include the docket number
in the subject line of the message.
     Fax:<PHONE_NUMBER>. Please include a cover sheet
addressing the fax to ATTN: Deana Platt.
     Mail: Regulatory Affairs Division, Office of Chief
Counsel, FEMA, 500 C Street SW., Room 8NE, Washington, DC 20472-3100.
    Instructions: All submissions received must include the words
``Federal Emergency Management Agency'' and the docket number for this
action. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided.
    Docket: For access to the docket to read comments received by the
NAC, go to http://www.regulations.gov, and search for the Docket ID
listed above.
    A public comment period will be held on Wednesday, May 24 from 1:30
p.m. to 1:45 p.m. EDT. All speakers must limit their comments to 5
minutes. Comments should be addressed to the NAC. Any comments not
related to the agenda topics will not be considered by the NAC. To
register to make remarks during the public comment period, contact the
individual listed in FOR FURTHER INFORMATION CONTACT by May 12, 2017.
Please note that the public comment period may end before the time
indicated, following the last call for comments.

FOR FURTHER INFORMATION CONTACT: Deana Platt, Designated Federal
Officer, Office of the National Advisory Council, Federal Emergency
Management Agency, 500 C Street SW., Washington, DC 20472-3184,
telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>, and email<EMAIL_ADDRESS>The NAC Web site is: http://www.fema.gov/national-advisory-council.

SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act, 5 U.S.C. Appendix.

    The NAC advises the FEMA Administrator on all aspects of emergency
management. The NAC incorporates state, local, and tribal government,
and private sector input in the development and revision of FEMA plans
and strategies. The NAC includes a cross-section of officials,
emergency managers, and emergency response providers from state, local,
and tribal governments, the private sector, and nongovernmental
organizations.
    Agenda: On Tuesday, May 23, the NAC will hear about priorities
across FEMA regions from the Region IV team and receive briefings on
Federal Insurance and Mitigation as well as Protection and National
Preparedness.
    On Wednesday, May 24, the NAC will hear from the Office of Response
and Recovery, and will engage in an open discussion with the Acting
FEMA Administrator. The three NAC subcommittees (Federal Insurance and
Mitigation Subcommittee, Preparedness and Protection Subcommittee, and
Response and Recovery Subcommittee) and the GIS Ad Hoc Subcommittee
will provide reports to the NAC about their work, whereupon the NAC
will deliberate on any recommendations presented in the subcommittees'
reports, and, if appropriate, vote on recommendations for the FEMA
Administrator. Potential recommendation topics include (1) more
effective use of technology in emergency management, (2) better
incorporating access and functional needs and others with disabilities
into emergency management training, (3) incorporating local mitigation
investments into the state credit under the disaster deductible
concept, and (4) better data standards, especially for geospatial data.
    On Thursday, May 25, the NAC will review potential topics for
research before the next in-person meeting, review agreed upon
recommendations and confirm charges for the subcommittees, and receive
a briefing on the National Incident Management System.
    The full agenda and any related documents for this meeting will be
posted by Friday, May 19 on the NAC Web site at http://www.fema.gov/national-advisory-council.

Robert J. Fenton,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-08917 Filed 5-2-17; 8:45 am]
 BILLING CODE 9111-48-P