[Federal Register Volume 86, Number 154 (Friday, August 13, 2021)]
[Rules and Regulations]
[Pages 44614-44616]
[FR Doc No: 2021-17288]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0574; FRL-8730-02-R3]

Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Emissions Statement Certification for the 2015
Ozone National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision formally submitted by the District
of Columbia Department of Energy and the Environment (DOEE). The
revision provides the District's certification that its existing
emissions statement program satisfies the emissions statement
requirements of the Clean Air Act (CAA) for the 2015 ozone National
Ambient Air Quality Standard (NAAQS). EPA is approving the District's
emissions statement program certification for the 2015 ozone NAAQS as a
SIP revision in accordance with the requirements of the CAA.

DATES: This final rule is effective on September 13, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2020-0574. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Serena Nichols, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2053. Ms. Nichols can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On March 11, 2021 (86 FR 13843), EPA published a notice of proposed
rulemaking (NPRM) for the District of Columbia. In the NPRM, EPA
proposed approval of the District's certification that the District's
emissions statement regulation meets the emissions statement
requirement of section 182(a)(3)(B) of the CAA for the 2015 ozone
NAAQS. The formal SIP revision was submitted by the District of
Columbia, through the Department of Energy and the Environment (DOEE),
on June 4, 2020.

II. Summary of SIP Revision and EPA Analysis

    On June 4, 2020, the District, through DOEE, submitted as a formal
SIP revision, a statement certifying that the District's existing SIP-
approved emissions statement program covers the District's portion of
the Washington, DC-MD-VA nonattainment area for the 2015 ozone NAAQS
and is at least as stringent as the requirements of CAA section
182(a)(3)(B). In its submittal, the District states that 20 District of
Columbia Municipal Regulations (DCMR) section 500.9 contains emissions
reporting requirements consistent with CAA section 182(a)(3)(B)(i), and
that 20 DCMR section 500.9 is approved into the District's SIP. See 40
CFR 52.2420(c). EPA first approved the District's emissions statements
requirements, now found at 20 DCMR section 500.9, into the District's
SIP on May 26, 1995 (60 FR 27944).\1\ See also 40 CFR 52.470.
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    \1\ 20 DCMR sections 500.4 through 500.6 were also approved into
the District's SIP on January 26, 1995 (60 FR 5134) and October 27,
1999 (64 FR 57777), respectively. These provisions concern reporting
requirements related to the transfer of gasoline products.
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    EPA's review of the District's submittal finds that the District's
existing, SIP-approved emissions statement program at 20 DCMR section
500.9 satisfies the emission statement requirements of CAA section
182(a)(3)(B) for the 2015 ozone NAAQS. The District's regulation
requires the owner of any stationary source located in the District
that emits 25 tons per year (tpy) or more of volatile organic compounds
(VOC) or nitrogen oxides (NOX) to submit an emissions
statement to the Mayor by April 15 of each year for the emissions
discharged during the previous calendar year. Emissions statements are
required to be prepared and submitted in accordance with 20 DCMR
section 500.9.
    These emissions statements are required to be submitted annually
for the previous calendar year and, at a minimum, must contain the
following: (1) Certification that the information in the statement is
accurate to the best knowledge of the individual certifying the
statement as well as the certifying individual's name and contact
information; (2) source identification information including name,
physical location, mailing address of the facility, latitude and
longitude, and standard industrial classification code(s); (3)
operating information including percentage annual throughput by season,
days per week on the normal operating schedule, hours per day during
the normal operating schedule, and hours per year during the normal
operating schedule; (4) process rate data including annual process rate
and peak ozone season daily process rate; (5) control equipment
information; and (6) emissions information including, but not limited
to, estimated actual emissions of NOX and VOC in tpy and

pounds per typical ozone season day. These reporting requirements in 20
DCMR section 500.9 meet the requirements of CAA section
182(a)(3)(B)(i).
    As allowed by CAA section 182(a)(3)(B)(ii), the District has waived
the emissions reporting requirement for stationary sources emitting
less than 25 tpy of NOX or VOCs because the District
includes these emissions in reports to EPA. CAA section
182(a)(3)(B)(ii) allows the State to waive the application of clause
(i) to any class or category of stationary sources which emit less than
25 tons per year of VOC or NOX if the State, in its
submissions under subparagraphs (1) or (3)(A), provides an inventory of
emissions from such class or category of sources, based on the use of
the emission factors established by the Administrator or other methods
acceptable to the Administrator.
    As noted in the District's June 4, 2020 submittal, pursuant to the
Air Emissions Reporting Requirements rule at 40 CFR part 51, the
District is required to submit emissions inventories for criteria
pollutants to EPA's Emissions Inventory System (EIS), and that sources
emitting less than 25 tpy of NOX or VOC are included in
these inventories as area sources. The submission also notes that
emissions from these sources are calculated using emission factors
approved by the Administrator. These small stationary sources are
therefore addressed in accordance with CAA section 182(a)(3)(B)(ii).
    Therefore, EPA has determined that the District's existing
emissions statement program, as set forth at 20 DCMR section 500.9,
which is currently in the District's SIP, and the District's reporting
for sources emitting less than 25 tpy of NOX or VOC, meet
the emissions statement requirements in CAA section 182(a)(3)(B) for
the 2015 ozone NAAQS. EPA is approving, as a SIP revision, the
District's June 4, 2020 emissions statement program certification as
meeting the requirements of CAA section 182(a)(3)(B) for the 2015 ozone
NAAQS.
    Other specific requirements of DOEE's June 4, 2020 submittal and
the rationale for EPA's proposed action are explained in the NPRM and
will not be restated here. No public comments were received on the
NPRM.

III. Final Action

    EPA is approving, as a SIP revision, the District of Columbia's
June 4, 2020 emissions statement certification for the 2015 ozone NAAQS
as approvable under CAA section 182(a)(3)(B). The District's emissions
statement certification certifies that the District's existing SIP-
approved emissions statement program under 20 DCMR section 500.9
satisfies the requirements of CAA section 182(a)(3)(B) for the 2015
ozone NAAQS.

IV. Statutory and Executive Order Reviews

A. General Requirements

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

B. Submission to Congress and the Comptroller General

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

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 12, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action.
    This action approving the District's emissions statement
certification for the 2015 ozone NAAQS may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: August 5, 2021.
Diana Esher,
Acting Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart J--District of Columbia

0
2. In Sec.  52.470, the table in paragraph (e) is amended by adding an
entry for ``Emissions Statement Certification for the 2015 Ozone
National Ambient Air Quality Standard'' at the end of the table to read
as follows:

Sec.  52.470  Identification of plan.

* * * * *
    (e) * * *

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                                                     State
  Name of non-regulatory SIP       Applicable      submittal          EPA approval date            Additional
           revision              geographic area      date                                         explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Emissions Statement             The District of        6/4/20  8/13/21, [insert Federal         Certification
 Certification for the 2015      Columbia                       Register citation].              that the
 Ozone National Ambient Air      portion of the                                                  District's
 Quality Standard.               Washington, DC-                                                 previously SIP-
                                 MD-VA                                                           approved
                                 nonattainment                                                   regulations at
                                 area for the                                                    20 DCMR section
                                 2015 ozone                                                      500.9 meet the
                                 NAAQS (i.e.,                                                    emissions
                                 the District of                                                 statement
                                 Columbia.                                                       requirements of
                                                                                CAA section
                                                                                182(a)(3)(B)
                                                                                for the 2015
                                                                                ozone NAAQS.
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[FR Doc. 2021-17288 Filed 8-12-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Notices]
[Page 73391]
[FR Doc No: 2023-23574]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2000-7257, Notice No. 95]

Railroad Safety Advisory Committee; Charter Renewal

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Announcement of charter renewal of the Railroad Safety Advisory
Committee (RSAC).

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SUMMARY: FRA announces the charter renewal of the RSAC, a Federal
Advisory Committee established by the U.S. Secretary of Transportation
in accordance with the Federal Advisory Committee Act to provide
information, advice, and recommendations to the FRA Administrator on
matters relating to railroad safety. This charter renewal will be
effective for two years from the date it is filed with Congress.

FOR FURTHER INFORMATION CONTACT: Kenton Kilgore, RSAC Designated
Federal Officer/RSAC Coordinator, FRA Office of Railroad Safety, 202-
365-3724.

SUPPLEMENTARY INFORMATION: This notice is provided in accordance with
the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C. app. 2).
RSAC comprises 51 representatives from 26 organizations, representing
various rail industry perspectives. The diversity of the committee
ensures the requisite range of views and expertise necessary to
discharge its responsibilities. Please see the RSAC website for
additional information at https://rsac.fra.dot.gov/.

    Issued in Washington, DC.
Amitabha Bose,
Administrator.
[FR Doc. 2023-23574 Filed 10-24-23; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 87, Number 89 (Monday, May 9, 2022)]
[Notices]
[Page 27631]
[FR Doc No: 2022-09898]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14980-000]

Lock\+TM\ Hydro Friends Fund XXVIII, LLC; Notice of Surrender of
Preliminary Permit

    Take notice that Lock\+TM\ Hydro Friends Fund XXVIII, LLC,
permittee for the proposed Nockamixon Dam Hydropower Project, has
requested that its preliminary permit be terminated. The permit was
issued on January 7, 2020 and would have expired on December 31,
2023.\1\ The project would have been located at the Pennsylvania
Department of Conservation and Natural Resources' Nockamixon Dam on
Tohickon Creek in Bucks County, Pennsylvania.
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    \1\ 170 FERC ] 62,007 (2020).
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    The preliminary permit for Project No. 14980 will remain in effect
until the close of business, June 2, 2022. But, if the Commission is
closed on this day, then the permit remains in effect until the close
of business on the next day in which the Commission is open.\2\ New
applications for this site may not be submitted until after the permit
surrender is effective.
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    \2\ 18 CFR 385.2007(a)(2) (2021).

    Dated: May 3, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-09898 Filed 5-6-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 74 (Tuesday, April 20, 2021)]
[Notices]
[Pages 20550-20552]
[FR Doc No: 2021-08040]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91556; File No. SR-CboeEDGA-2021-008]

Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Extend the Current Pilot Program Related to EDGA Rule 11.15, Clearly
Erroneous Executions, to the Close of Business on October 20, 2021

April 14, 2021.
    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 April 5, 2021, Cboe EDGA Exchange, Inc. (``Exchange'' or ``EDGA'')
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 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(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 EDGA Exchange, Inc. (``EDGA'' or the ``Exchange'') is filing
with the Securities and Exchange Commission (the ``Commission'') a
proposed rule change to extend the current pilot program related to
EDGA Rule 11.15, Clearly Erroneous Executions, to the close of business
on October 20, 2021. The text of the proposed rule change is provided
in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/edga/), 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 purpose of this filing is to extend the effectiveness of the
Exchange's current rule applicable to Clearly Erroneous Executions to
the close of business on October 20, 2021. Portions of Rule 11.15,
explained in further detail below, are currently operating as a pilot
program set to expire on April 20, 2021.\5\
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    \5\ See Securities Exchange Act Release No. 90235 (October 21,
2020), 85 FR 68097 (October 27, 2020) (SR-EDGA-2020-027).
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    On September 10, 2010, the Commission approved, on a pilot basis,
changes to EDGA Rule 11.15 that, among other things: (i) Provided for
uniform treatment of clearly erroneous execution reviews in multi-stock
events involving twenty or more securities; and (ii) reduced the
ability of the Exchange to deviate from the objective standards set
forth in the rule.\6\ In 2013, the Exchange adopted a provision
designed to address the operation of the Plan.\7\ Finally, in 2014, the
Exchange adopted two additional provisions providing that: (i) A series
of transactions in a particular security on one or more trading days
may be viewed as one event if all such transactions were effected based
on the same fundamentally incorrect or grossly misinterpreted issuance
information

resulting in a severe valuation error for all such transactions; and
(ii) in the event of any disruption or malfunction in the operation of
the electronic communications and trading facilities of an Exchange,
another SRO, or responsible single plan processor in connection with
the transmittal or receipt of a trading halt, an Officer, acting on his
or her own motion, shall nullify any transaction that occurs after a
trading halt has been declared by the primary listing market for a
security and before such trading halt has officially ended according to
the primary listing market.\8\
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    \6\ See Securities Exchange Act Release No. 62886 (September 10,
2010), 75 FR 56613 (September 16, 2010) (SR-EDGA-2010-03).
    \7\ See Securities Exchange Act Release No. 68806 (February 1,
2013), 78 FR 8670 (February 6, 2013) (SR-EDGA-2013-05).
    \8\ See Securities Exchange Act Release No. 72434 (June 19,
2014), 79 FR 36110 (June 25, 2014) (SR-EDGA-2014-11).
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    On December 26, 2018, the Commission published the proposed
Eighteenth Amendment \9\ to the Plan to Address Extraordinary Market
Volatility Pursuant to Rule 608 of Regulation NMS under the Act (the
``Limit Up-Limit Down Plan'' or the ``Plan'') \10\ to allow the Plan to
operate on a permanent, rather than pilot, basis. On April 8, 2019, the
Exchange amended EDGA Rule 11.15 to untie the pilot program's
effectiveness from that of the Plan and to extend the pilot's
effectiveness to the close of business on October 18, 2019 in order
allow the Exchange and other national securities exchanges additional
time to consider further amendments, if any, to the clearly erroneous
execution rules in light of the proposed Eighteenth Amendment to the
Plan.\11\ On April 17, 2019, the Commission published an approval of
the Eighteenth Amendment to allow the Plan to operate on a permanent,
rather than pilot, basis.\12\ On October 21, 2019, the Exchange amended
EDGA Rule 11.15 to extend the pilot's effectiveness to the close of
business on April 20, 2020.\13\ On March 18, 2020, the Exchange amended
EDGA Rule 11.15 to extend the pilot's effectiveness to the close of
business on October, 20, 2020.\14\ Finally, on October 20, 2020, the
Exchange amended EDGA Rule 11.15 to extend the pilot's effectiveness to
the close of business on April 20, 2021.\15\
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    \9\ See Securities Exchange Act Release No. 84843 (December 18,
2018), 83 FR 66464 (December 26, 2018) (File No. 4-631)
(``Eighteenth Amendment'').
    \10\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012) (the ``Limit Up-Limit Down
Release'').
    \11\ See Securities Exchange Act Release No. 85544 (April 8,
2019), 84 FR 15011 (April 12, 2019) (SR-CboeEDGA-2019-005).
    \12\ See Securities Exchange Act Release No. 85623 (April 11,
2019), 84 FR 16086 (April 17, 2019) (File No. 4-631).
    \13\ See Securities Exchange Act Release No. 87366 (October 21,
2019), 84 FR 57538 (October 25, 2019) (SR-CboeEDGA-2019-017).
    \14\ See Securities Exchange Act Release No. 88499 (March 27,
2020), 85 FR 18604 (April 2, 2020) (SR-CboeEDGA-2020-009).
    \15\ See supra note 5.
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    The Exchange now proposes to amend EDGA Rule 11.15 to extend the
pilot's effectiveness to the close of business on October 20, 2021. The
Exchange understands that the other national securities exchanges and
Financial Industry Regulatory Authority (``FINRA'') have filed similar
proposals to extend their respective clearly erroneous execution pilot
programs, the substance of which are identical to EDGA Rule 11.15.\16\
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    \16\ See SR-FINRA-2021-004 (Filed March 15, 2021).
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    The Exchange does not propose any additional changes to EDGA Rule
11.15. The Exchange believes the benefits to market participants from
the more objective clearly erroneous executions rule should continue on
a limited six month pilot basis. As the Plan was approved by the
Commission to operate on a permanent, rather than pilot, basis the
Exchange intends to assess whether additional changes should also be
made to the operation of the clearly erroneous execution rules.
Extending the effectiveness of EDGA Rule 11.15 for an additional six
months should provide the Exchange and other national securities
exchanges additional time to consider further amendments, if any, to
the clearly erroneous execution rules.
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.\17\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \18\ 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) \19\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(5).
    \19\ Id.
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    In particular, the Exchange believes that extending the clearly
erroneous execution pilot under EDGA Rule 11.15 for an additional six
months would help assure that the determination of whether a clearly
erroneous trade has occurred will be based on clear and objective
criteria, and that the resolution of the incident will occur promptly
through a transparent process. The proposed rule change would also help
assure consistent results in handling erroneous trades across the U.S.
equities markets, thus furthering fair and orderly markets, the
protection of investors and the public interest. Based on the
foregoing, the Exchange believes the amended clearly erroneous
executions rule should continue to be in effect on a pilot basis while
the Exchange and the other national securities exchanges consider and
develop a permanent proposal for clearly erroneous execution reviews.

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

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. To the contrary, the
Exchange understands that FINRA and other national securities exchanges
have or will also file similar proposals to extend their respective
clearly erroneous execution pilot programs.\20\ Thus, the proposed rule
change will help to ensure consistency across market centers without
implicating any competitive issues.
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    \20\ See supra note 16.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No comments were solicited or received on the proposed rule change.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \21\ and Rule 19b-
4(f)(6) thereunder.\22\
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    \21\ 15 U.S.C. 78s(b)(3)(A).
    \22\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.

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    A proposed rule change filed under Rule 19b-4(f)(6) \23\ normally
does not become operative prior to 30 days after the date of the
filing. However, Rule 19b-4(f)(6)(iii) \24\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become operative immediately upon filing. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest, as
it will allow the current clearly erroneous execution pilot program to
continue uninterrupted, without any changes, while the Exchange and the
other national securities exchanges consider a permanent proposal for
clearly erroneous execution reviews. For this reason, the Commission
hereby waives the 30-day operative delay and designates the proposed
rule change as operative upon filing.\25\
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    \23\ 17 CFR 240.19b-4(f)(6).
    \24\ 17 CFR 240.19b-4(f)(6)(iii).
    \25\ 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).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule 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-CboeEDGA-2021-008 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-CboeEDGA-2021-008. 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-CboeEDGA-2021-008 and should be
submitted on or before May 11, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
---------------------------------------------------------------------------

    \26\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-08040 Filed 4-19-21; 8:45 am]
BILLING CODE 8011-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on December 17, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-1999-5031

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  China Southern Airlines Company Limited				Date Filed:
November 16, 2004

Relief requested: Renew exemption from 49 U.S.C. § 41301 to engage in
scheduled foreign air transportation of persons, property and mail
between Guangzhou, China, on the one hand, and Anchorage, Atlanta,
Boston, Chicago, Dallas/Ft. Worth, Detroit, Fairbanks, Honolulu, Las
Vegas, Miami, Minneapolis/St. Paul, New York, Philadelphia, Portland,
San Francisco, Seattle, and Washington, D.C., on the other hand.  China
Southern operates this service under a code-share/blocked space
agreement with Delta Air Lines on flights operated by Delta.

Date and citation of last action:  December 18, 2003, in this docket

Applicant representative:  Moffett B. Roller<PHONE_NUMBER>

Responsive pleadings:  None filed

	DISPOSITION

Action:  Approved								Action date:  December 17, 2004

Effective dates of authority granted:  December 17, 2004-December 17,
2005

Basis for approval (bilateral agreement/reciprocity):  U.S.-China Air
Transport Services Agreement

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

X  Standard exemption conditions (attached) and China Southern’s
foreign air carrier permit (Order 2001-11-4)

X  Statement of authorization for Delta Air Lines and China Southern
code-share operations dated February 19, 1999, in this docket, and
conditions therein.

Special conditions/Partial grant/Denial basis/Remarks:

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) the applicant was qualified to perform the
proposed operations; (2) our action was consistent with Department
policy; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR §
385.30, may file their petitions within seven (7) days after the date of
issuance of this Notice.  This action was effective when taken, and the
filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

Attachment

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

												05/2004

  We note that China Southern sought authority for a two year period.
However, as is our usual practice in conferring exemption authority in
the circumstances presented, we are limiting the term of authority to
one year.  China Southern may, of course, seek renewal of this authority
in accordance with the Depart敭瑮玒爠来汵瑡潩獮മ


[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Rules and Regulations]
[Pages 53418-53421]
[FR Doc No: 2017-24842]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0042]
RIN 1625-AA00

Safety Zones; Humboldt Bay Bar, Eureka, CA, Noyo River Entrance,
Ft. Bragg, CA, and Crescent City Harbor Entrance Channel, Crescent
City, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary Interim rule and request for comments

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

SUMMARY: The Coast Guard is establishing temporary safety zones in the
navigable waters of the Humboldt Bay Entrance Channel, of Eureka, CA,
Noyo River Entrance Channel, of Fort Bragg, CA, and Crescent City
Harbor Entrance Channel, of Crescent City, CA to safeguard navigation
safety during extreme environmental conditions. These safety zones are
established to protect the safety of vessels transiting the areas from
the dangers associated with extreme breaking surf and high wind
conditions occurring in the Humboldt Bay Bar Channel, Noyo River
Entrance Channel, and Crescent City Harbor Entrance Channels. When
enforced, entry of persons or vessels into this temporary safety zone
is prohibited unless specifically authorized by the Captain of the Port
(COTP), San Francisco or his designated representative.

DATES: This rule is effective without actual notice from November 16,
2017 until 11:59 p.m. on March 31, 2018. For the purposes of
enforcement, actual notice will be used from October 27, 2017 until
November 16, 2017. This rule will be enforced when the COTP determines
that the on scene conditions are hazardous and unsafe for vessel
transits, typically expected to be 20 foot breaking seas at each
location. Enforcement will be announced via local Broadcast Notice to
Mariners.

ADDRESSES: You may submit comments view documents mentioned in this
preamble as being available in the docket, go to http://www.regulations.gov, type [USCG-2017-0042] in the ``SEARCH'' box and
click ``SEARCH.'' Click on Open Docket Folder on the line associated
with this rulemaking.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this interim
rule, call or email Lieutenant Commander Rebecca Deakin, U.S. Coast
Guard Sector San Francisco; telephone<PHONE_NUMBER> or email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

APA Administrative Procedures Act
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of Proposed Rulemaking

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary interim 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. Publishing an NPRM would be impracticable in this
case due to having received initial notice of the extreme environmental
and weather conditions substantiating this rule on October 19, 2017.
    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, as delaying the effective date of
this rule would be impracticable due to the timing of the forecast
environmental and weather conditions.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port (COTP), San Francisco has determined that
this rule is necessary to provide for the safety of Coast Guard
members, mariners, and other vessels transiting the area where

notable hazards associated with the extreme environmental conditions
have been observed in the Humboldt Bay Entrance Channel near Eureka,
CA, the Noyo River Entrance Channel, near Fort Bragg, CA, and the
Crescent City Harbor Entrance Channel, of Crescent City, CA.

IV. Discussion of the Rule

    This rule establishes three safety zones, respectively in the
navigable waters of the Humboldt Bay Entrance Channel near Eureka, CA,
the Noyo River Entrance Channel, near Fort Bragg, CA, and the Crescent
City Harbor Entrance Channel, of Crescent City, CA, when the COTP
determines that the on scene conditions are hazardous and unsafe for
vessel transits, typically expected to be 20 foot breaking seas at each
location. Enforcement will be announced via Broadcast Notice to
Mariners between 12:01 a.m. on October 27, 2017 until 11:59 p.m. on
March 31, 2018.
    The effect of the temporary safety zones is to restrict navigation
in the vicinity of the Humboldt Bay Entrance Channel, Noyo River
Entrance Channel, and Crescent City Harbor Entrance Channel while the
hazardous conditions associated with extreme environmental conditions
exist, and until the Coast Guard deems the safety zone is no longer
needed. Except for persons or vessels authorized by the COTP, no person
or vessel may enter or remain in the restricted areas during times of
enforcement. These regulated areas are needed to keep vessels away from
the immediate vicinity of the hazardous conditions associated to ensure
the safety of transiting vessels in each respective area.

V. Regulatory Analyses

    We developed this 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 E.O.s, and we discuss
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 (``Regulatory Planning 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 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, disruptive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
    We expect the economic impact of this rule will not rise to the
level of necessitating a full Regulatory Evaluation. This safety zone
is limited in size, duration and location. In addition, although this
rule restricts access to the waters encompassed by the safety zone, the
effect of this rule will not be significant because the local waterway
users will be notified via public Local Notice to Mariners to ensure
the safety zone will result in minimum impact. The entities most likely
to be affected are waterfront facilities, commercial vessels, and
pleasure craft engaged in recreational activities.

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 rule
will not have a significant economic impact on a substantial number of
small entities. This rule may affect the following entities, some of
which may be small entities: Owners and operators of waterfront
facilities, commercial vessels, and pleasure craft engaged in
recreational activities and sightseeing, if these facilities or vessels
are in the vicinity of the safety zone at times when this zone is being
enforced. This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: (i)
This rule will encompass only a small portion of the waterway for a
limited period of time while hazardous conditions exist, and (ii) the
maritime public will be advised in advance of this safety zone via
Broadcast Notice to Mariners.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under 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 rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has implications
for federalism or Indian tribes, please contact the person listed in
the FOR FURTHER INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
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 a safety zone of limited size and
duration. 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
Record of Environmental Consideration (REC) are available in the docket
for this rulemaking. We seek any comments or information that may lead
to the discovery of a significant environmental impact from this rule.

G. 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.

VI. 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.
    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.
    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, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this Temporary Interim Rule as being
available in this docket and all public comments, will be 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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and 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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, 160.5; Department of Homeland Security Delegation No.
0170.1

0
2. Add Sec.  165-900 to read as follows:

Sec.  165-900  Safety zones; Humboldt Bay Bar, Noyo River Entrance, and
Crescent City Harbor Entrance Channel Closures, Humboldt Bay, Eureka,
CA.

    (a) Location. Temporary safety zones are established in:
    (1) The navigable waters of the Humboldt Bay Bar Channel and the
Humboldt Bay Entrance Channel, of Humboldt Bay, CA;
    (2) The navigable waters of the Noyo River Entrance Channel as
defined by the Area contained seaward of the Line of Demarcation with
northern boundary of the line originating in approx position
39[deg]25'41'' N., 123[deg]48'37'' W. and extending 1200 yards at
bearing 290[deg] T & southern boundary of the line originating in
approx position 39[deg]25'38'' N., 123[deg]48'36'' W. and extending
1200 yards at 281[deg] T, in Fort Bragg, CA;
    (3) The navigable waters of the Crescent City Harbor Entrance
Channel, as defined by the area contained seaward of the line
originating in approx position 41[deg]44'36'' N., 124[deg]11'18'' W.
bearing 237[deg]T and extending out to 1 NM of the Line of Demarcation
in Crescent City, CA.
    (b) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer on a Coast Guard
vessel or at a Coast Guard unit or a Federal, State, or local officer
designated by or assisting the COTP in the enforcement of the safety
zones.
    (c) Regulations. (1) Under the general regulations in 33 CFR part
165, subpart C, entry into, transiting or anchoring within these safety
zones are prohibited unless authorized by the COTP or the COTP's
designated representative.
    (2) The safety zones are closed to all vessel traffic, except as
may be permitted by the COTP or the COTP's designated representative.
Vessel operators given permission to enter or operate in the safety
zones must comply with all directions given to them by the COTP or the
COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the
Humboldt Bay Entrance Channel or Crescent City Harbor Entrance Channel
safety zones during times of enforcement shall contact Station Humboldt
Bay on VHF-FM channel 16 or at<PHONE_NUMBER> between 6:30 a.m. and 10
p.m., or to Sector Humboldt Bay on VHF-FM channel 16 or at (707) 839-
6113 if between 10 p.m. and 6:30 a.m. Vessel operators desiring to
enter or operate within the Noyo River Entrance Channel safety zone
during times of enforcement shall contact Station Noyo River on VHF-FM
channel 16 or at<PHONE_NUMBER> between 6:30 a.m. and 10 p.m., or to
Sector Humboldt Bay on VHF-FM channel 16 or at<PHONE_NUMBER> if
between 10 p.m. and 6:30 a.m.
    (d) Enforcement period. The zones described in paragraph (a) of
this section will be effective from October 27, 2017 through March 31,
2018. The zones described in paragraph (a) of this section will be
enforced when the COTP determines that the on scene conditions are
hazardous and unsafe for vessel transits, typically expected to be 20
foot breaking seas at each location.

Enforcement will be announced via Broadcast Notice to Mariners. The
COTP will notify the maritime community of periods during which these
zones will respectively be enforced via Broadcast Notice to Mariners in
accordance with 33 CFR 165.7.

    Dated: October 27, 2017.
Patrick S. Nelson,
Captain, U.S. Coast Guard, Alternate Captain of the Port of San
Francisco.
[FR Doc. 2017-24842 Filed 11-15-17; 8:45 am]
 BILLING CODE 9110-04-P