[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Rules and Regulations]
[Pages 60057-60059]
[FR Doc No: 2014-23663]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

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Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Rules
and Regulations

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 165

[Docket Number USCG-2014-0883]
RIN 1625-AA00

Safety Zone, Delaware River; Delaware City, DE

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone
closing Pea Patch Island Anchorage No. 5 and the upper portion of Reedy
Point South Anchorage No. 3 to anchoring operations in order to
facilitate dredging in New Castle Range in the Delaware River. This
regulation is necessary to provide for the safety of life on the
navigable waters of Pea Patch Island and Reedy Point South Anchorages.
These closures are intended to restrict vessel anchoring to protect
mariners from the hazards associated with ongoing pipe-laying and
dredging operations.

DATES: This rule is effective without actual notice from October 6,
2014 until November 15, 2014, unless cancelled earlier by the Captain
of the Port. For the purposes of enforcement, actual notice will be
used from October 1, 2014, until October 6, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0883]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email. If you have questions on this temporary rule, call or
email Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector Delaware
Bay, Chief Waterways Management Division, Coast Guard; telephone (215)
271-4851, email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Cheryl Collins,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable because immediate
action is necessary to protect the maritime public. Publishing an NPRM
is impracticable given that the final details for the dredging
operation were not received by the Coast Guard until September 17,
2014. Vessels attempting to anchor in either Pea Patch Island or the
upper portion of Reedy Point South Anchorages during pipe-laying or
dredging operations may be at risk. Delaying this rule to wait for a
notice and comment period to run would be contrary to the public
interest as it would inhibit the Coast Guard's ability to protect the
public from the hazards associated with pipe-laying and dredging
operations.
    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 any delay encountered in this
regulation's effective date would be contrary to public interest
because immediate action is needed to provide for the safety of life
and property from the hazards associated with pipe-laying and dredging
operations.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    Norfolk Dredging Company has been contracted by the Army Corps of
Engineers (ACOE) to conduct maintenance dredging in the Delaware River
within New Castle Range in order to maintain channel depth. This
project requires the placement of floating and submerged pipeline,
along with placement of an anchor barge, within Pea Patch Island
Anchorage No. 5. Due to the presence of the pipeline, vessels are not
permitted to anchor within Pea Patch Island Anchorage for the duration
of the dredging project. In addition, as the dredging project proceeds
south and approaches the entrance of the Chesapeake and Delaware (C &
D) Canal, vessels heading north through the Delaware River with intent
to transit the Canal will be re-directed through the upper portion of
Reedy Point South Anchorage No. 3. As a result this upper portion of
Anchorage No. 3 will be closed for anchoring purposes during this time.
Notice of the closure will be broadcast by a Local Notice to Mariners
and a Broadcast Notice to Mariners at the appropriate time. The Captain
of the Port will reopen both anchorages once all submerged pipeline has
been recovered and dredging operations are complete. At such time,
notice that the temporary closure of the anchorages is no longer in
effect will be broadcast to mariners on VHF channel 16. The Captain of
the Port is establishing this safety zone to ensure the safety of life
and property of all mariners and vessels transiting the local area.

C. Discussion of the Temporary Final Rule

    The Coast Guard Captain of the Port is temporarily establishing a
safety zone

closing Pea Patch Island Anchorage No. 5 and the upper portion of Reedy
Point South Anchorage No. 3 to anchoring operations from October 1,
2014 to November 15, 2014, unless cancelled earlier by the Captain of
the Port once operations are complete. The safety zone will include all
waters within the boundaries of Pea Patch Island Anchorage No. 5 and
all waters within a portion of Reedy Point South Anchorage No. 3 north
of a line drawn between positions 39[deg]33'7.5'' N, 75[deg]33'2.0'' W
and 39[deg]33'8.8'' N, 75[deg]32'31.8'' W, as charted on NOAA chart
12311. Vessels will not be permitted to anchor within these areas of
Anchorage No. 5 or Anchorage No. 3. The Captain of the Port or her
representative may be contacted via VHF channel 16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this regulation
will restrict access to the regulated area, the effect of this rule
will not be significant because: (i) The Coast Guard will make
extensive notification of the Safety Zone to the maritime public via
maritime advisories so mariners can alter their plans accordingly; (ii)
vessels may still be permitted to transit through the safety zone with
the permission of the Captain of the Port on a case-by-case basis; and
(iii) this rule will be enforced until pipe-laying and dredging
operations have been completed.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to anchor in Pea Patch Island Anchorage No. 5 and the upper
portion of Reedy Point South Anchorage No. 3, from October 1, 2014 to
November 15, 2014, unless cancelled earlier by the Captain of the Port
once all operations are completed.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reason: Vessel
traffic will be allowed to pass through the safety zone with permission
of the Captain of the Port or her designated representative, and the
safety zone is limited in size. Sector Delaware Bay will issue maritime
advisories widely available to users of the Delaware River.

3. 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 rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

or on the distribution of power and responsibilities between the
Federal Government and Indian tribes.

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have 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 implementation of regulations within 33
CFR Part 165, applicable to safety zones on the navigable waterways.
This safety zone will temporarily restrict vessel traffic from
anchoring in Pea Patch Island Anchorage No. 5 and Reedy Point South
Anchorage No. 3. This rule is categorically excluded from further
review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Amend Sec.  165.T05-0883, to read as follows:

Sec.  165.T05-0883  Safety Zone, Delaware River; Delaware City, DE

    (a) Regulated area. The safety zone will include all waters within
the boundaries of Pea Patch Island Anchorage No. 5 and all waters
within the upper portion of Reedy Point South Anchorage No. 3 north of
a line drawn between positions 39[deg]33'7.5'' N, 75[deg]33'2.0'' W and
39[deg]33'8.8'' N, 75[deg]32'31.8'' W, as charted on NOAA chart 12311.
    (b) Enforcement period. This section will be enforced from October
1, 2014 to November 15, 2014, unless cancelled earlier by the Captain
of the Port once all operations are completed.
    (c) Regulations. All persons are required to comply with the
general regulations governing safety zones in 33 CFR 165.23.
    (1) All persons or vessels wishing to transit through the Safety
Zone must request authorization to do so from the Captain of the Port
or her designated representative one hour prior to the intended time of
transit.
    (2) Vessels granted permission to transit must do so in accordance
with the directions provided by the Captain of the Port or her
designated representative to the vessel.
    (3) To seek permission to transit the Safety Zone, the Captain of
the Port's representative can be contacted via marine radio VHF Channel
16.
    (4) This section applies to all vessels wishing to transit through
the Safety Zone except vessels that are engaged in the following
operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation, and
    (iii) Emergency response vessels.
    (5) No person or vessel may enter or remain in a safety zone
without the permission of the Captain of the Port;
    (6) Each person and vessel in a safety zone shall obey any
direction or order of the Captain of the Port;
    (7) No person may board, or take or place any article or thing on
board, any vessel in a safety zone without the permission of the
Captain of the Port; and
    (8) No person may take or place any article or thing upon any
waterfront facility in a safety zone without the permission of the
Captain of the Port.
    (d) Definitions. The Captain of the Port means the Commander of
Sector Delaware Bay or any Coast Guard commissioned, warrant, or petty
officer who has been authorized by the Captain of the Port to act on
her behalf.
    (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the Safety Zone by Federal, State, and local
agencies.

    Dated: September 24, 2014.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2014-23663 Filed 10-3-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 24 (Tuesday, February 5, 2013)]
[Notices]
[Pages 8208-8211]
[FR Doc No: 2013-02426]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68771; File No. SR-BOX-2013-07]

Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of Proposed Rule Change To List
and Trade Option Contracts Overlying 10 Shares of Certain Securities

January 30, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 22, 2013, BOX Options Exchange LLC (``BOX'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The 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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to list and trade option contracts overlying
10 shares of a security (``mini-options contracts''). The text of the
proposed rule change is available from the principal office of the
Exchange, at the Commission's Public Reference Room and also on the
Exchange's Internet Web site at http://boxexchange.com.

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

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

Sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The purpose of the proposed rule change is to add Interpretive
Material to Rule 3120 (Position Limits) and Rule 5050 (Series of
Options Contracts Open for Trading), and amend Rule 3130 (Exemptions
from Position Limits) and Rule 7040 (Meaning of Premium Quotes and
Orders) so that BOX may list and trade Mini Options overlying five (5)
high-priced securities for which the standard contract overlying the
same security exhibits significant liquidity. Specifically, the
Exchange proposes to list Mini Options on SPDR S&P 500 (``SPY''),
Apple, Inc. (``AAPL''), SPDR Gold Trust (``GLD''), Google Inc.
(``GOOG'') and Amazon.com Inc. (``AMZN'').\3\ The Exchange believes
that this proposal would allow investors to select among options on
various high-priced and actively traded securities, each with a unit of
trading ten times lower than that of the regular-sized options
contracts, or 10 shares.
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    \3\ These issues were selected because they are priced greater
than $100 and are among the most actively traded issues, in that the
standard contract exhibits average daily volume (``ADV'') over the
previous three calendar months of at least 45,000 contracts,
excluding LEAPS and FLEX series. The Exchange notes that any
expansion of the program would require that a subsequent proposed
rule change be submitted to the Commission.
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    For example, with Apple Inc. (``AAPL'') trading at $638.17 on
October 8, 2012, ($63,817 for 100 shares underlying a standard
contract), the 640 level call expiring on October 19 was trading at
$8.30. The cost of the standard contract overlying 100 shares would be
$830, which is substantially higher in notional terms than the average
equity option price of $255.02.\4\ Proportionately equivalent mini-
options contracts on AAPL would provide investors with the ability to
manage and hedge their portfolio risk on their underlying investment,
at a price of $83.00 per contract. In addition, investors who hold a
position in AAPL at less than the round lot size would still be able to
avail themselves of options to manage their portfolio risk. For
example, the holder of 50 shares of AAPL could write covered calls for
five mini-options contracts. The table below demonstrates the proposed
differences between a mini-options contract and a standard contract
with a strike price of $125 per share and a bid or offer of $3.20 per
share:
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    \4\ 2012 Year-to-date through September 28. A high priced
underlying security may have relatively expensive options, because a
low percentage move in the share price may mean a large movement in
the options in terms of absolute dollars. See http://www.theocc.com/webapps/monthly-volume-reports?reportClass=equity.

------------------------------------------------------------------------
                                       Standard              Mini
------------------------------------------------------------------------
Share Deliverable Upon Exercise  100 shares.........  10 shares
Strike Price...................  125................  125
Bid/Offer......................  3.20...............  3.20
Premium Multiplier.............  $100...............  $10
Total Value of Deliverable.....  $12,500............  $1,250
Total Value of Contract........  $320...............  $32
------------------------------------------------------------------------

    BOX currently lists and trades standardized option contracts on a
number of equities and Exchange-Traded Funds (``ETFs'') each with a
unit of trading of 100 shares. Except for the difference in the number
of deliverable shares, the proposed Mini Options would have the same
terms and contract characteristics as regular-sized equity and ETF
options, including exercise style. All existing Exchange rules
applicable to options on equities and ETFs would apply to Mini Options,
except with respect to position and exercise limits and hedge
exemptions to those position limits, which would be tailored for the
smaller size. Pursuant to proposed Interpretive Material to Rule 3120
(IM-3120-3), position limits applicable to a regular-sized option
contract would also apply to the Mini Options on the same underlying
security, with 10 Mini Option contracts counting as one regular-sized
contract. Positions in both the regular-sized option contract and Mini
Options on the same security will be combined for purposes of
calculating positions. Further, hedge exemptions will apply pursuant to
Rule 3130(b), which the Exchange proposes to revise to provide that 10
(as opposed to 100) shares of the underlying security is the
appropriate hedge for Mini Options and to make clear that the hedge
exemptions apply to the position limits set forth in IM-3120-3.\5\
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    \5\ Exchange Rule 3140 (Exercise Limits) refers to exercise
limits that correspond to aggregate positions as described in Rule
3120 (Position Limits). Today, the position limits established in a
given option under Rule 3120 is also the exercise limit for such
option. Thus, although the proposed rule change would not amend the
text of Rule 3140 (Exercise Limits) itself, the proposed change to
add IM-3120-3 would have a corresponding effect on the exercise
limits.
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    Also, of note, NYSE Arca, Inc. (``NYSE Arca'') lists and trades
option contracts overlying a number of shares other than 100.\6\
Moreover, the concept of listing and trading parallel options products
of reduced values and sizes on the same underlying security is not
novel. For example, parallel product pairs on a full-value and reduced
value basis are currently listed on the S&P 500 Index (``SPX'' and
``XSP,'' respectively), the Nasdaq 100 Index (``NDX'' and ``MNX,''
respectively) and the Russell 2000 Index (``RUT'' and ``RMN,''
respectively).
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    \6\ See Securities Exchange Act Release No. 44025 (February 28,
2001) 66 FR 13986 (March 8, 2001) (approving SR-PCX-01-12).
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    The Exchange believes that the proposal to list Mini Options will
not lead to investor confusion. There are two important distinctions
between Mini Options and regular-sized options that are designed to
ease the likelihood of any investor confusion. First, the premium
multiplier for the proposed Mini Options will be 10, rather than 100,
to reflect the smaller unit of trading. To reflect this change, the
Exchange proposes to add Rule 7040(c) which notes that bids and offers
for an option contract overlying 10 shares would be expressed in terms
of dollars per 1/10th part of the total value of the contract. Thus, an
offer of ``.50'' shall represent an offer of $5.00 on an option
contract having a unit of trading consisting of 10 shares. Second, the
Exchange intends to designate Mini Options with different trading
symbols than those designated for the regular-sized contracts. For
example, while the trading symbol for regular option contracts for
Apple, Inc. is AAPL, the Exchange proposes to adopt AAPL7 as the
trading symbol for Mini Options on that same security.
    The Exchange proposes to add Interpretive Material IM-5050-10 to
Rule 5050 (Series of Options Contracts

Open for Trading) to reflect that strike prices for Mini Options shall
be set at the same level as for regular options. For example, a call
series strike price to deliver 10 shares of stock at $125 per share has
a total deliverable value of $1,250, and the strike price will be set
at 125. Further, pursuant to proposed new IM-5050-10, the Exchange
proposes to not permit the listing of additional series of Mini Options
if the underlying is trading at $90 or less to limit the number of
strikes once the underlying is no longer a high priced security. The
Exchange proposes a $90.01 minimum for continued qualification so that
additional series of Mini Options that correspond to standard strikes
may be added even though the underlying has fallen slightly below the
initial qualification standard. In addition, the underlying security
must be trading above $90 for five consecutive days before the listing
of Mini Option contracts in a new expiration month. This restriction
will allow the Exchange to list strikes in Mini Options without
disruption when a new expiration month is added even if the underlying
has had a minor decline in price. The same trading rules applicable to
existing equity and ETF options would apply, including Market Maker
obligations, to Mini Options.\7\
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    \7\ See BOX Rules 8040 (Obligations of Market Makers) and 8050
(Market Maker Quotations).
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    The Exchange notes that by listing the same strike price for Mini
Options as for regular options, the Exchange seeks to keep intact the
long-standing relationship between the underlying security and an
option strike price thus allowing investors to intuitively grasp the
option's value, i.e., option is in the money, at the money or out of
the money. The Exchange believes that by not changing anything but the
multiplier and the option symbol, as discussed above, retail investors
will be able to grasp the distinction between regular option contracts
and Mini Options. The Exchange notes that The Options Clearing
Corporation (``the OCC'') Symbology is structured for contracts that
have a deliverable of other than 100 shares to be designated with a
numeric added to the standard trading symbol. Further, the Exchange
believes that the contract characteristics of Mini Options are
consistent with the terms of the Options Disclosure Document.
    With regard to the impact of this proposal on system capacity, the
Exchange has analyzed its capacity and represents that it and the
Options Price Reporting Authority (``OPRA'') have the necessary systems
capacity to handle the potential additional traffic associated with the
listing and trading of Mini Options. The Exchange has further discussed
the proposed listing and trading of Mini Options with the OCC, which
has represented that it is able to accommodate the proposal. In
addition, the Exchange would file a proposed rule change to adopt
transaction fees specific to Mini Options. The Exchange notes that the
current Fee Schedule will not apply to the trading of mini-options
contracts. The Exchange will not commence trading of mini-option
contracts until specific fees for mini-options contracts trading have
been filed with the Commission.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\8\ in general, and with
Section 6(b)(5) of the Act,\9\ in particular, in that the proposal is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that investors would benefit from the
introduction and availability of Mini Options by making options on high
priced securities more readily available as an investing tool at more
affordable prices, particularly for average retail investors, who
otherwise may not be able to participate in trading options on high
priced securities. The Exchange intends to adopt a different trading
symbol to distinguish Mini Options from its currently listed option
contracts and therefore, eliminate investor confusion with respect to
product distinction. Moreover, the proposed rule change is designed to
protect investors and the public interest by providing investors with
an enhanced tool to reduce risk in high priced securities. In
particular, Mini Options would provide retail customers who invest in
SPY, AAPL, GLD, GOOG and AMZN in lots of less than 100 shares with a
means of protecting their investments that is currently only available
to those who have positions of 100 shares or more. Further, the
proposed rule change is limited to just five high priced securities to
ensure that only securities that have significant options liquidity and
therefore, customer demand, are selected to have Mini Options listed on
them.

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. To the contrary, the Exchange
believes that offering these products on BOX similar to other exchanges
will provide investors with various venues in which to trade Mini
Options. The Exchange notes that the rule change is being proposed as a
competitive response to recently approved NYSE Arca and ISE filings and
believes this proposed rule change is necessary to permit fair
competition among the options exchanges.

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

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

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

    Because the foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms does not become operative for 30 days after the
date of this filing, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest, the proposed rule change has become effective pursuant to
Section 19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6)
thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with 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 fulfilled this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange requests that the Commission waive
the 30-day operative delay so that it can list and trade the proposed
mini-option contracts as soon as it is able.\12\

The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public
interest.\13\ The Commission notes the proposal is substantively
identical to proposals that were recently approved by the Commission,
and does not raise any new regulatory issues.\14\ For these reasons,
the Commission designates the proposed rule change as operative upon
filing.
---------------------------------------------------------------------------

    \12\ The Commission notes that the Exchange's current Fee
Schedule will not apply to the trading of mini-option contracts, and
the Exchange will not commence trading of mini-option contracts
until specific fees for mini-option contracts trading have been
filed with the Commission.
    \13\ 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).
    \14\ See Securities Exchange Act Release No. 67948 (September
28, 2012), 77 FR 60735 (October 4, 2012) (SR-NYSEArca-2012-64 and
SR-ISE-2012-58).
---------------------------------------------------------------------------

    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.

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-BOX-2013-07 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-BOX-2013-07. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BOX-2013-07 and should be
submitted on or before February 26, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-02426 Filed 2-4-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Notices]
[Pages 73298-73299]
[FR Doc No: 2022-26027]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2004-0016; FRL-10442-01-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Part 71 Federal Operating Permit Program
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), part 71 Federal Operating Permit
Program (Renewal) (EPA ICR Number 1713.13, OMB Control Number 2060-
0336) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act (PRA). This is
a proposed extension of the ICR, which is currently approved through
November 30, 2022. Public comments were previously requested via the
Federal Register on January 7, 2022, during a 60-day comment period.
This notice allows for an additional 30 days for public comments. A
fuller description of the ICR is given below, including its estimated
burden and cost to the public. An agency may not conduct or sponsor and
a person is not required to respond to a collection of information
unless it displays a currently valid OMB control number.

DATES: Comments must be submitted on or before December 29, 2022.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2004-0016, online using https://www.regulations.gov (our preferred
method), by email to [email protected], or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460. EPA's policy is that all
comments received will be included in the public docket without change
including any personal information provided, unless the comment
includes profanity, threats, information claimed to be Confidential
Business Information (CBI), or other information whose disclosure is
restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Mayesha Choudhury, Air Quality Policy
Division, Office of Air Quality Planning

and Standards, Environmental Protection Agency, Research Triangle Park,
NC; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email
address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
https://www.regulations.gov or in person at the EPA Docket Center, WJC
West, Room 3334, 1301 Constitution Avenue NW, Washington, DC. The
telephone number for the Docket Center is<PHONE_NUMBER>. The EPA's
policy is that all comments received will be included in the public
docket without change including any personal information provided,
unless the comment includes profanity, threats, information claimed to
be Confidential Business Information or other information whose
disclosure is restricted by statute. For additional information about
EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: Title V of the Clean Air Act (Act) requires the EPA to
operate a federal operating permits program in areas not subject to an
approved state program. The EPA regulations setting forth the
requirements for the federal (EPA) operating permit program are at 40
CFR part 71. The part 71 program is designed to be implemented
primarily by the EPA in all areas where state and local agencies do not
have jurisdiction, such as Indian country and offshore, beyond states'
seaward boundaries. The EPA may also delegate authority to implement
the part 71 program on its behalf to a state, local or tribal agency,
if the agency requests delegation and makes certain showings regarding
its authority and ability to implement the program. One such delegate
agency for the part 71 program exists at present.
    In order to receive an operating permit for a major or other source
subject to the permitting program, the applicant must conduct the
necessary research, perform the appropriate analyses, and prepare the
permit application with documentation to demonstrate that its facility
meets all applicable statutory and regulatory requirements. Specific
activities and requirements are listed and described in the Supporting
Statement for the part 71 ICR.
    Under part 71, the permitting authority (the EPA or a delegate
agency) reviews permit applications, provides for public review of
proposed permits, issues permits based on consideration of all
technical factors and public input, and reviews information submittals
required of sources during the term of the permit. Under part 71, the
EPA reviews certain actions and performs oversight of any delegate
agency, consistent with the terms of a delegation agreement.
Consequently, information prepared and submitted by sources is
essential for sources to receive permits, and for federal and tribal
permitting agencies to adequately review the permit applications and
issue the permits, oversee implementation of the permits, and properly
administer and manage the program.
    Information that is collected is handled according to EPA's
policies set forth in title 40, chapter 1, part 2, subpart B--
Confidentiality of Business Information (see 40 CFR part 2). See also
section 114(c) of the Act.
    Form Numbers: The forms are 5900-01, 5900-02, 5900-03, 5900-04,
5900-05, 5900-06, 5900-79, 5900-80, 5900-81, 5900-82, 5900-83, 5900-84,
5900-85, and 5900-86.
    Respondents/affected entities: Industrial plants (sources) and
tribal permitting authorities.
    Respondent's obligation to respond: mandatory (see 40 CFR part 71).
    Estimated number of respondents: 89 (total); 88 industry sources
and one tribal delegate permitting authority (the EPA serves as a
permitting authority but is not a respondent).
    Frequency of response: On occasion.
    Total estimated burden: 23,845 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $1,858,914 (per year). There are no
annualized capital or operation & maintenance costs.
    Changes in estimates: There is an increase of 138 hours per year
for the estimated respondent burden compared with the ICR currently
approved by OMB. This increase is due to updated estimates of the
number of sources and permits subject to the part 71 program, rather
than any change in federal mandates.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2022-26027 Filed 11-28-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)]
[Notices]
[Pages 12385-12386]
[FR Doc No: 2018-05635]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0814; FRL-9974-40]

Pesticides; Guidance for Pesticide Registrants on the
Determination of Minor Use

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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

SUMMARY: The Agency is announcing the availability of a Pesticide
Registration Notice (PR Notice) entitled, ``Determination of Minor Use
under Federal Insecticide, Fungicide, and Rodenticide Act Section
2(ll).'' This PR Notice was signed by the Agency on March 7, 2018 and
is identified as PR Notice 2018-1. PR Notices are issued by the Office
of Pesticide Programs (OPP) to inform pesticide registrants and other
interested persons about important policies, procedures, and
registration related decisions, and serve to provide guidance to
pesticide registrants and OPP personnel. This PR Notice, which
supersedes PR Notice 97-2, provides guidance to the registrant as to
how EPA determines a ``minor use.'' EPA seeks to identify and encourage
the registration of pesticides for minor uses to protect communities
from harmful pests. This PR Notice revises the method used by EPA for
evaluating ``sufficient economic incentive'' under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA). This PR Notice
explains how qualitative information may be used to inform the
quantitative analysis and interpret the results, and clarifies that the
United States Department of Agriculture's (USDA) most recent Census of
Agriculture is the appropriate source for data on acreage in the U.S.
to establish a minor use under the acreage definition in FIFRA
2(ll)(1).

FOR FURTHER INFORMATION CONTACT: Derek Berwald, Biological and Economic
Analysis Division, MC 7503P, Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. Although this
action may be of particular interest to those persons who are
responsible for the initial or continuing registration of pesticides.
Entities that register pesticides with EPA's OPP typically fall under
the NAICS Code 325300--Pesticide, Fertilizer, and Other Agricultural
Chemical Manufacturing. This action may also be of interest to persons
using pesticides on sites that may be considered ``minor'' including
persons engaged in crop and livestock production, and persons engaged
in pest control in residential, commercial, and municipal areas
including control of public health pests, and to the public in general.
Since other entities may also be interested, the Agency has not
attempted to describe all the specific

entities that may be affected by this action.

B. How can I get copies of this document and other relevant
information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2015-0814, is available either electronically
though http://www.regulations.gov or in hard copy at the OPP Docket in
the Environmental Protection Agency Docket Center, (EPA/DC) EPA West
William Jefferson Clinton Bldg., Room 3334, 1301 Constitution Ave. NW,
Washington, DC 20460-0001. The Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OPP Docket is<PHONE_NUMBER>.

II. What guidance does this PR Notice provide?

    FIFRA defines a minor use of a pesticide as either a use on a crop
grown on 300,000 acres or less in the United States or a use that lacks
sufficient economic incentive to seek or maintain a registration but
has private or social value. This PR Notice provides guidance to the
registrant concerning the method used to determine if a use site is a
``minor use'' as defined by FIFRA 2(ll). In particular, the PR Notice
describes the method for determining if the use ``does not provide
sufficient economic incentive.'' To date, EPA's interpretation of
economic minor use in section 2(ll)(2) has been shaped by guidance
provided in PR Notice 97-2. However, the approach outlined in PR Notice
97-2 does not consider critical factors that influence the incentives
for registration.
    EPA published and requested public comment on the draft Economic
Minor Use PR Notice on June 6, 2016 (81 FR 38704). EPA received
comments from seven entities. Most commenters were broadly supportive
of the endeavor to improve upon PR Notice 97-2. Commenters supported
the new process to qualify for minor use registration under FIFRA as
more appropriate and simple by clarifying and updating economic
definitions and treating registration of a pesticide as an investment.
The Agency appreciates the comments provided by the public, and the
Agency's responses to the comments for the draft PR Notice can be found
at regulations.gov using docket ID number EPA-HQ-OPP-2015-0814.
    This final PR Notice describes the revised approach to evaluate
``sufficient economic incentive.'' It explicitly considers (1) the
difference in time between incurring costs of generating data for
registration and obtaining revenue from product sales, (2) the multiple
years over which revenue is generated, and (3) the costs of producing
and distributing the product. The PR Notice provides suggestions about
the data that can be used to conduct the analysis. Finally, the PR
Notice explains how qualitative information may be used to inform the
quantitative analysis and interpret the results. It also clarifies that
the most recent USDA Census of Agriculture is the appropriate source
for data on acreage in the U.S. to establish a minor use under the
acreage definition in FIFRA section 2(ll)(1).
    Registrants will typically seek to demonstrate that a site is a
minor use in the context of requesting an extension of the exclusive
use period for data submitted in support of a registration under FIFRA
section 3(c)(1)(F)(ii) or a new exclusive use period for data submitted
to support a registration under FIFRA section 3(c)(1)(F)(vi). These
clauses are intended to provide incentives to registrants to obtain
registrations for uses that might otherwise go unfulfilled because they
offer low returns because of low demand.
    The information collection activities associated with the
activities described in this PR Notice are already approved by the
Office of Management and Budget (OMB) under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq. The corresponding Information Collection
Request (ICR) document for the Application for New and Amended
Pesticide Registration has been assigned EPA ICR number 0277.16 and is
approved under OMB control number 2070-0060.

III. Do PR Notices contain binding requirements?

    The PR Notice about the determination of a minor use is intended to
provide guidance to EPA personnel and decision-makers and to pesticide
registrants. While the requirements in the statutes and Agency
regulations are binding on EPA and the applicants, this PR Notice is
not binding on either EPA or pesticide registrants, and EPA may depart
from the guidance where circumstances warrant and without prior notice.
Likewise, pesticide registrants may assert that the guidance is not
appropriate generally or not applicable to a specific pesticide or
situation.

    Authority: 7 U.S.C. 136 et seq.

    Dated: March 7, 2018.
Richard P. Keigwin, Jr.,
Director, Office of Pesticide Programs.
[FR Doc. 2018-05635 Filed 3-20-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 1 (Tuesday, January 3, 2017)]
[Proposed Rules]
[Pages 50-52]
[FR Doc No: 2016-30806]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9519; Directorate Identifier 2016-NM-099-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Airbus Model A318, A319, A320, and A321 series airplanes. This
proposed AD was prompted by in-service experience and further analysis,
which showed that the galley 5 without kick-load retainers, was unable
to withstand the expected loading during several flight phases or in
case of emergency landing. This proposed AD would require modification
of galley 5 by adding kick-load retainers. We are proposing this AD to
address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by February 17,
2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     For service information identified in this NPRM, contact
Airbus, Airworthiness Office-EIAS, 1 Rond Point Maurice Bellonte, 31707
Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44
51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may view this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA, call
425 227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9519; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-9519;
Directorate Identifier 2016-NM-099-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent

for the Member States of the European Union, has issued EASA
Airworthiness Directive, 2016-0040, dated March 2, 2016, (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Airbus Model
A318, A319, A320, and A321 series airplanes. The MCAI states:

    Following in-service experience and further analyses, it was
ascertained that the galley 5 without kick-load retainers on
external position could not withstand the expected loading during
several flight phases or in case of emergency landing.
    This condition, if not corrected, could lead to galley/trolley
detachment and collapse into an adjacent cabin aisle or cabin zone,
possibly spreading loose galley equipment items, compartment doors
or leaking fluids, blocking an evacuation route, and consequently
resulting in injury to crew or passengers.
    To address this potential unsafe condition, Airbus issued 6
Service Bulletins (SB) to provide modification instructions for the
affected aeroplanes.
    For the reasons described above, this [EASA] AD requires
modification of galley 5 trolley compartments to install kick-load
retainers.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9519.

Related Service Information Under 1 CFR Part 51

    We reviewed the following Airbus service information: Airbus
Service Bulletin A320-25-1B29, dated June 19, 2014, and Airbus Service
Bulletin A320-25-1B30, dated June 19, 2014. The service information
describes procedures for installing kick-load retainers on certain
galley 5 trolley compartments. These documents are distinct since they
apply to different airplane configurations. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.

Costs of Compliance

    We estimate that this proposed AD affects 19 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Modification........................  2 work-hours x $85 per                  $0            $170          $3,230
                                       hour = $170.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have 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.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Airbus: Docket No. FAA-2016-9519; Directorate Identifier 2016-NM-
099-AD.

(a) Comments Due Date

    We must receive comments by February 17, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Model A318-112, A319-115, A320-214,
A320-232, and A321-111 airplanes, certificated in any category, with
manufacturer's serial numbers 1479, 3096, 3693, 3713, 3739, 3791,
3896, 3902, 3907, 3931, 3949, 3969, 4030, 4045, 4049, 4059, 4066,
4077, 4083, 4124, 4146, 4158, 4188, 4198, 4206, 4209, 4218, 4235,
4255, 4264, 4304, 4321, 4371, 4374, 4395, 4411, 4417, 4431, 4485,
4492, 4502, 4528, 4541, 4548, 4592, 4595, 4638, 4651, 4669, 4703,
4724, 4737, 4746, 4770, 4780, 4783, 4826, 4827, 4860, 4863, 4865,
4902, 4934, 4945, 4951, 4952, 4971, 4996, 5023, 5029, 5042, 5088,
5095, 5132, 5159, 5164, 5171, 5175, 5192, 5210, 5227, 5241, 5247,
5251, 5275, 5277, 5297, 5306, 5340, 5343, 5348, 5356, 5366, 5370,
5385, 5387, 5392, 5396, 5400, 5407, 5418, 5427, 5438, 5456, 5458,
5469, 5495, 5517, 5555, 5624, 5674, 5678, 5698, 5699, 5704, 5709,
5714, 5791, 5745, 5753, 5761, 5781, 5786, 5788, 5789, 5798, 5804,
5810, 5821, 5827, 5842, 5874, 5882,

5889, 5903, 5907, 5916, 5924, 5958, 5984, 5994, 6000, 6004, 6054,
6080, 6107, 6166, 6176, 6234, 6266, 6293, 6335, 6344, 6365, 6430,
and 6444.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Reason

    This AD was prompted by in-service experience and further
analysis, which showed that the galley 5 without kick-load retainers
was unable to withstand the expected loading during several flight
phases or in case of emergency landing. We are issuing this AD to
prevent galley/trolley detachment and collapse into an adjacent
cabin aisle or cabin zone, possibly spreading loose galley equipment
items or compartment doors, or leaking fluids. These hazards could
block an evacuation route and result in injury to crew or
passengers.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Install Kick-Load Retainers

    Within 12 months after the effective date of this AD, install
kick-load retainers on the galley 5 trolley compartments as
specified in paragraph (g)(1), (g)(2), or (g)(3) of this AD, as
applicable.
    (1) For Airbus Model A319 airplanes, manufacturer's serial
numbers 5678, 5698, 5704, 5745, 5753, 5761, 5781, 5786, 5788, 5789,
5798, 5810, 5827, and 5842, do the installation in accordance with
the Accomplishment Instructions of Airbus Service Bulletin A320-25-
1B29, dated June 19, 2014.
    (2) For Airbus Model A320 airplanes, manufacturer's serial
numbers 5458, 5517, 5624, 5672, and 5804, do the installation in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-25-1B30, dated June 19, 2014.
    (3) For airplanes not identified in paragraph (g)(1) or (g)(2)
of this AD, use a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA).

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Sanjay
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information may be
emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2016-0040, dated March 2, 2016,
for related information. This MCAI may be found in the AD docket on
the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2016-9519.
    (2) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.

    Issued in Renton, Washington, on December 15, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-30806 Filed 12-30-16; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 22 (Wednesday, February 2, 2011)]
[Notices]
[Pages 5804-5805]
[FR Doc No: 2011-2273]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2010-0682; FRL-9260-9]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NSPS and NESHAP for Petroleum
Refinery Sector Residual Risk and Technology Review (RTR) (New
Collection); EPA ICR No. 2411.01, OMB Control No. 2060-NEW

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C.
3501 et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request for a new collection.
The ICR, which is abstracted below, describes the nature of the
information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before March 4, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2010-0682, to (1) EPA online using http://www.regulations.gov (our
preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Air and Radiation
Docket, Mail Code 28221T, 1200 Pennsylvania Ave., NW., Washington, DC
20460, and (2) OMB by mail to: Office of Information and Regulatory
Affairs, Office of Management and Budget, Attention: Desk Officer for
EPA, 725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Ms. Brenda Shine, Sector Policies and
Programs Division (E143-01), Office of Air Quality Planning and
Standards, Environmental Protection Agency, Research Triangle Park, NC
27711; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On September 29, 2010 (75 FR 60107), EPA sought comments on
this ICR pursuant to 5 CFR 1320.8(d). EPA received seven comment
letters during the comment period. Any additional comments on the ICR
should be submitted to EPA and OMB within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OAR-2010-0682, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Air and
Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public
Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Reading Room is
(202) 566-1744, and the telephone number for the Air and Radiation
Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, confidential business information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://www.regulations.gov.
    Title: NSPS and NESHAP for Petroleum Refinery Sector Residual Risk
and Technology Review (RTR) (New Collection).
    ICR numbers: EPA ICR No. 2411.01, OMB Control No. 2060-NEW.
    ICR status: This ICR is for a new information collection activity.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the Code of Federal Regulations (CFR), after appearing
in the Federal Register when approved, are listed in 40 CFR part 9, and
are displayed either by publication in the Federal Register or by other

appropriate means, such as on the related collection instrument or
form, if applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: This information collection is being conducted by EPA's
Office of Air and Radiation (OAR) to assist the EPA Administrator, as
required by sections 111(b), 112(d), and 112(f)(6) of the Clean Air Act
(CAA), as amended, to reevaluate emission standards for this source
category. The non-confidential information from this information
collection request (ICR) would also be made available to the public.
    The proposed ICR has four components. To obtain the information
necessary to identify and categorize all units potentially affected by
any future revision to a standard, the first component of this ICR will
solicit information from all potentially affected units at all 152
refineries in the format of an electronic survey under authority of
section 114 of the CAA. This survey will include questions about the
facility and individual emissions sources, and it will ask the owners/
operators to submit cost data and provide copies of recent emissions
test reports and continuous emission monitoring system (CEMS)/
continuous monitoring system (CMS) data. The second component will ask
the owners/operators to develop and provide an emissions inventory. The
third component will ask the owners/operators to conduct sampling and
analysis of the feed to the distillation columns at their refinery over
a specific time period. The first three components will be submitted to
all facilities listed in the Energy Information Administration's
Refinery Capacity Report 2009. The fourth component will consist of
requiring emissions testing, again pursuant to the authority of section
114 of the CAA.
    EPA is issuing a single collection of information for sources
covered under 40 CFR part 63, subparts CC and UUU and 40 CFR part 60,
subpart J so that EPA can, at one time, assess whether additional
control strategies are necessary and, if so, which are the most
effective for hazardous air pollutants (HAP), regulated under CAA
section 112, and criteria air pollutants (such as particulate matter,
sulfur dioxide, and nitrogen oxide), regulated under CAA section 111.
The data would also allow EPA to evaluate compliance options for
startup and shutdown periods and consider ways to consolidate
monitoring, reporting and recordkeeping requirements for the different
rules under review. The data may also help EPA conduct reviews of other
rules specific to petroleum refineries, including Standards of
Performance for Equipment Leaks of VOC in Petroleum Refineries (40 CFR
part 60, subpart GGG), Standards of Performance for VOC Emissions from
Petroleum Refinery Wastewater Systems (40 CFR part 60, subpart QQQ),
and the National Emission Standard for Benzene Waste Operations (40 CFR
part 61, subpart FF).
    The data collected will be used to update and augment facility and
emissions source information already available to the Agency, develop
new estimates of the population of affected units, and identify the
control measures and alternative emission limits being used for
compliance with the existing rules that are under review. This
information, along with existing emission limits, will be used to
establish the baseline emissions and control levels for purposes of the
regulatory reviews. The emissions test data (test reports, CEMS data,
and CMS data) collected will be used to assess the effectiveness of
existing control measures, examine variability in emissions, evaluate
the stringency of existing emission limits, identify the most effective
control measures considered for purposes of reducing residual risk, and
provide a basis for estimating nationwide emissions from emissions
sources for which EPA has little information. Emissions data will also
be used, along with process and emissions unit details, to consider
options for best demonstrated technology under the NSPS review, to
consider subcategories for further regulation, and to estimate the
environmental and cost impacts associated with any regulatory options
considered.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 256
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and use technology and systems for the purposes of collecting,
validating, and verifying information, processing and maintaining
information, and disclosing and providing information; adjust the
existing ways to comply with any previously applicable instructions and
requirements which have subsequently changed; train personnel to be
able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information.
    Respondents/Affected Entities: Respondents affected by this action
are owners/operators of petroleum refineries, all of which are expected
to have the potential to be subject to one of the regulatory standards
being reviewed or developed by EPA. Petroleum refineries are facilities
engaged in refining and producing products made from crude oil or
unfinished petroleum derivatives.
    Estimated Number of Respondents: 152.
    Frequency of response: Once.
    Estimated total annual burden hours: 69,342 hours.
    Estimated total annual burden costs: $30,924,069, which includes
$912 in O&M costs.

    Dated: January 26, 2011.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2011-2273 Filed 2-1-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Rules and Regulations]
[Pages 63722-63725]
[FR Doc No: 2012-25646]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0721]
RIN 1625-AA08

Special Local Regulations; Palm Beach World Championship,
Atlantic Ocean; Jupiter, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of the Atlantic Ocean, between East Indiantown Road and
Donald Ross Road, just offshore of Jupiter, Florida during the Palm
Beach World Championship, a high speed power boat race. The Palm Beach
World Championship is scheduled to take place on Friday, October 19,
and Sunday, October 21, 2012. The high speed power boat race event will
include approximately 50 high speed power boat participants and 250
spectator vessels. The special local regulation is necessary to provide
safety for the participants, spectators, and general public in and near
the race area during the event. The special local regulation will
encompass the following two areas: a race area, where all persons and
vessels, except those persons and vessels participating in or assisting
the high speed boat races, are prohibited from entering, transiting
through, anchoring in, or remaining within; and

a spectator area, where vessels are permitted to anchor.

DATES: This rule is effective and will be enforced from 11 a.m. until 4
p.m. on October 19, and 11 a.m. until 4 p.m. on October 21, 2012.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0721. To view documents
mentioned in this preamble as being available in the docket, go to
http://www.regulations.gov, inserting USCG-2012-0721 in the ``SEARCH''
box, and then clicking ``SEARCH.'' Click on the Open Docket Folder on
the line associated with this rulemaking. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation, West Building, 1200 New Jersey Avenue
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Mike H. Wu, Sector Miami
Prevention Department, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing the docket, call
Renee V. Wright, Program Manager, Docket Operations, telephone (202)
366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard did not receive
necessary information about the event until August 22, 2012. As a
result, the Coast Guard did not have sufficient time to publish a NPRM
and to receive public comments prior to the event. Any delay in the
effective date of this rule would be contrary to the public interest
because immediate action is needed to minimize potential danger to the
race participants, participant vessels, spectators, and the general
public.
    For the same reason discussed above, 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.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to insure safety of life on navigable waters of the United
States during the Palm Beach World Championship.

C. Discussion of the Final Rule

    On October 19 and October 21, 2012, Offshore Powerboat Association,
Inc. will host the Palm Beach World Championship, a series of high-
speed boat races. The event will be held on the waters of the Atlantic
Ocean, just offshore of Jupiter, Florida. The high speed power boat
race event will include approximately 50 high speed power boat
participants and 250 spectator vessels.
    The special local regulation encompasses certain waters of the
Atlantic Ocean, near Jupiter, Florida. The special local regulation
will be enforced daily from 11:00 a.m. until 4:00 p.m. on October 19
and October 21, 2012. The special local regulation will encompass the
following two areas: (1) A race area, where all persons and vessels,
except those persons and vessels participating or assisting in the high
speed power boat race event, are prohibited from entering, transiting
through, anchoring in, or remaining within; and (2) a spectator area,
where vessels are permitted to anchor. Persons and vessels may request
authorization to enter, transit through, anchor in, or remain within
the race area by contacting the Captain of the Port Miami via telephone
at<PHONE_NUMBER>, or a designated representative via VHF radio on
channel 16. If authorization to enter, transit through, anchor in, or
remain within the race area is granted by the Captain of the Port Miami
or a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Miami or a designated representative. The Coast Guard will provide
notice of the special local regulation by Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the
following reasons: (1) The special local regulation will be enforced
for only five hours per day over the course of two days, ten hours
total; (2) non-participant persons and vessels may enter, transit
through, anchor in, or remain within the race area if authorized by the
Captain of the Port Miami or a designated representative; (3) non-
participant persons and vessels not able to enter, transit through,
anchor in, or remain within the race area may operate in the
surrounding area during the enforcement periods; and (4) the Coast
Guard will provide advance notification of the special local regulation
to the local maritime community by Local Notice to Mariners and
Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter,
transit through, anchor in, or remain within that portion of the
Atlantic Ocean encompassed within the special local regulation from 11
a.m. until 4 p.m. on

October 19, and 11 a.m. until 4 p.m. October 21, 2012. For the reasons
discussed in the Regulatory Planning and Review section above, this
rule will not have a significant economic impact on a substantial
number of small entities.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule. If the rule would affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). This rule involves
special local regulations issued in conjunction with a marine event. An
Environmental Analysis was prepared and addressed both the issuance of
the marine event permit and the establishment of the special local
regulation. Both the Environmental Analysis and the accompanying
Finding Of No Significant Impact (``FONSI'') are available in the
docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233.

0
2. Add temporary Sec.  100.35T07-0721 to read as follows:

Sec.  100.35T07-0721  Special Local Regulations; Palm Beach World
Championship, Atlantic Ocean, Jupiter, FL.

    (a) Regulated areas. The following regulated areas are established
as a special local regulation. All coordinates are North American Datum
1983.
    (1) Race area. All waters of the Atlantic Ocean east of Jupiter, FL
encompassed within an imaginary line connecting the following points:
starting at Point 1 in position 26[deg]56'06'' N, 80[deg]04'06'' W;
thence northeast to Point 2 in position 26[deg]56'11'' N,
80[deg]03'38'' W; thence southeast to Point 3 in 26[deg]53'11'' N,
80[deg]02'35'' W; thence southwest to Point 4 in position
26[deg]53'03'' N, 80[deg]03'06'' W; thence northwest back to origin.
All persons or vessels, except those persons or vessels participating
in or assisting in the high speed power boat race event, are prohibited
from entering, transiting through, anchoring in, or remaining within
the race area without authorization from the Captain of the Port Miami
or a designated representative.
    (2) Spectator area. All waters of the Atlantic Ocean east of
Jupiter, FL and east of the race area, encompassed within an imaginary
line connecting the

following points: starting at Point 1 in position 26[deg]55'46'' N,
80[deg]03'30'' W; thence northeast to Point 2 in position
26[deg]55'48'' N, 80[deg]03'22'' W; thence southeast to Point 3 in
26[deg]53'58'' N, 80[deg]02'44'' W; thence southwest to Point 4 in
position 26[deg]53'56'' N, 80[deg]02'51'' W; thence northwest back to
origin. Vessels are permitted to anchor in this area.
    (b) Definition. The term ``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 Miami in the enforcement of the regulated areas.
    (c) Regulations. (1) Persons and vessels desiring to enter, transit
through, anchor in, or remain within the race area may contact the
Captain of the Port Miami by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to seek authorization. If
authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Miami or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Miami or a designated representative.
    (2) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (c) Enforcement date. This rule will be enforced from 11 a.m. until
4 p.m. on October 19, and from 11 a.m. until 4 p.m. on October 21,
2012.

    Dated: October 2, 2012.
C. P. Scraba,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2012-25646 Filed 10-16-12; 8:45 am]
BILLING CODE 9110-04-P