[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Rules and Regulations]
[Pages 60720-60721]
[FR Doc No: 2013-23801]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2009-0332; FRL-9401-3]

Methyl Parathion; Removal of Expired Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is removing listings in the Code of Federal Regulations
(CFR) for already expired tolerances for methyl parathion, for the
purpose of clarity and in accordance with current EPA practice.

DATES: This regulation is effective October 2, 2013.

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2009-0332, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West Bldg., Rm. 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 (202)
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Joseph Nevola, Pesticide Re-Evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

II. Background

A. What action is the agency taking?

    In this final rule, EPA is removing listings in the CFR for already
expired tolerances for methyl parathion in Sec.  180.121(e). In the
Federal Register of January 5, 2001 (66 FR 1242) (FRL-6752-6), EPA
promulgated a final rule revoking methyl parathion uses in commodities
for which methyl parathion use was unlawful after December 31, 1999.
The final rule listed these expired tolerances in Sec.  180.121(e).
However, some people have inaccurately read Sec.  180.121(e) to mean
that there are active methyl parathion tolerances for these
commodities. In order to eliminate confusion, EPA is removing paragraph
(e) in its entirety. EPA is not making any change in the status of
these expired tolerances, just removing an informational listing that
the Agency believes is no longer needed and that may be misleading if
not read correctly.
    EPA is issuing a final rule for this purpose without notice and
opportunity to comment. Section 553(b)(3)(B) of the Administrative
Procedure Act provides that notice and comment is not necessary ``when
the agency for good cause finds (and incorporates the finding and a
brief statement of reasons therefore in the rules issued) that notice
and public procedure thereon are impracticable, unnecessary, or
contrary to the public interest.'' EPA finds good cause here because
removing the listings does not affect the legal status of the already
expired tolerances.

B. What is the agency's authority for taking this action?

    EPA is not taking any action that substantively changes a
tolerance. EPA is only taking administrative action to remove the
informational listing in Sec.  180.121(e).

C. When do these actions become effective?

    As stated in the DATES section, this final rule is effective
October 2, 2013. The methyl parathion tolerances expired more than 13
years ago and the Agency believes that the informational listing in
Sec.  180.121(e) is no longer needed.

III. Statutory and Executive Order Reviews

    In this final rule, EPA is removing a listing of already expired
tolerances. The Office of Management and Budget (OMB) has exempted this
type of action from review under Executive Order 12866, entitled
``Regulatory Planning and Review'' (58 FR 51735, October 4, 1993).
Because this final rule has been exempted from review under Executive
Order 12866 due to its lack of significance, this final rule is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), or impose any enforceable
duty or contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C. 1501 et seq.).
Nor does it require any special considerations as required by Executive
Order 12898, entitled ``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations'' (59 FR
7629, February 16, 1994); or OMB review or any other Agency action
under Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997). This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA) (15 U.S.C. 272 note). Pursuant to the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Agency hereby
certifies that this final rule will not have a significant economic
impact on a substantial number of small entities. Furthermore, for the
pesticide named in this final rule, the Agency knows of no
extraordinary circumstances that exist as to the present removal of
listings for already expired tolerances that would change EPA's
analysis. In addition, the Agency has determined that this action will
not have a substantial direct effect

on 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, as specified in Executive Order 13132,
entitled ``Federalism'' (64 FR 43255, August 10, 1999). Executive Order
13132 requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive order to include regulations that have ``substantial direct
effects 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.'' This final
rule directly regulates growers, food processors, food handlers, and
food retailers, not States. This action does not alter the
relationships or distribution of power and responsibilities established
by Congress in the preemption provisions of section 408(n)(4) of the
Federal Food, Drug, and Cosmetic Act (FFDCA). For these same reasons,
the Agency has determined that this final rule does not have any
``tribal implications'' as described in Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000). Executive Order 13175, requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by tribal officials in the development of regulatory policies that have
tribal implications.'' ``Policies that have tribal implications'' is
defined in the Executive order to include regulations that have
``substantial direct effects on one or more Indian tribes, on the
relationship between the Federal Government and the Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes.'' This final rule will not have
substantial direct effects on tribal governments, 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, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this final rule.

IV. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: September 18, 2013.
 Steven Bradbury,
Director, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

Sec.  180.121  [Amended]

0
2. In Sec.  180.121, remove paragraph (e).
[FR Doc. 2013-23801 Filed 10-1-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 41 (Wednesday, March 2, 2022)]
[Notices]
[Pages 11776-11779]
[FR Doc No: 2022-04330]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94304; File No. SR-OCC-2021-014)]

Self-Regulatory Organizations; The Options Clearing Corporation;
Order Granting Approval of Proposed Rule Change Concerning The Options
Clearing Corporation's Cash and Investment Management

February 24, 2022.

I. Introduction

    On December 23, 2021, the Options Clearing Corporation (``OCC'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change SR-OCC-2021-014 (``Proposed Rule Change'')
pursuant to Section 19(b) of the Securities Exchange Act of 1934
(``Exchange Act'') \1\ and Rule 19b-4 \2\ thereunder to (i) add OCC's
existing policy regarding cash and related investments to its Rules,
and (ii) amend OCC's Rules governing the use of Clearing Fund
contributions to ensure access in the event of the failure of an
investment counterparty with whom OCC has invested cash collateral.\3\
The Proposed Rule Change was published for public comment in the
Federal Register on January 12, 2022.\4\ The Commission has

received no comments regarding the substance of the Proposed Rule
Change.\5\ This order approves the Proposed Rule Change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Notice of Filing infra note 5, at 87 FR 1819.
    \4\ Securities Exchange Act Release No. 93916 (Jan. 12, 2022),
87 FR 1819 (Jan. 12, 2022) (File No. SR-OCC-2021-014) (``Notice of
Filing''). OCC also filed a related advance notice (SR-OCC-2021-803)
(``Advance Notice'') with the Commission pursuant to Section
806(e)(1) of Title VIII of the Dodd-Frank Wall Street Reform and
Consumer Protection Act, entitled the Payment, Clearing, and
Settlement Supervision Act of 2010 and Rule 19b-4(n)(1)(i) under the
Exchange Act. 12 U.S.C. 5465(e)(1). 15 U.S.C. 78s(b)(1) and 17 CFR
240.19b-4, respectively. The Advance Notice was published in the
Federal Register on January 12, 2022. Securities Exchange Act
Release No. 93915 (Jan. 6, 2022), 87 FR 1814 (Jan. 12, 2022) (File
No. SR-OCC-2021-803). A Notice of No Objection to the Advance Notice
was published in the Federal Register on February 23, 2022. See
Securities Exchange Act Release No. 94270 (Feb. 17, 2022), 87 FR
10262 (Feb. 23, 2022) (File No. SR-OCC-2021-803).
    \5\ The Commission received no comments on the Proposed Rule
Change; however, since the Proposed Rule Change was also filed as an
advance notice, all public comments received on the proposal are
considered regardless of whether the comments are submitted on the
Proposed Rule Change or the Advance Notice. The Commission received
a comment letter on the Advance Notice that addressed market conduct
generally; however, additional discussion is unnecessary because the
substance of the letter does not bear on the basis for the
Commission's decision to approve the Proposed Rule Change. Comments
on the Advance Notice are available at https://www.sec.gov/comments/sr-occ-2021-803/srocc2021803.htm.
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II. Background \6\
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    \6\ Capitalized terms used but not defined herein have the
meanings specified in OCC's Rules and By-Laws, available at https://www.theocc.com/about/publications/bylaws.jsp.
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    OCC is proposing to add to its Rules a policy governing OCC's cash
and investment practices (the ``Cash and Investment Management Policy''
or ``Policy'') and amend its Rules regarding access to Clearing Fund
contributions to address the failure of an investment counterparty to
return Clearing Member cash collateral.

A. Policy Regarding Cash and Related Investments

    OCC's current rules include provisions governing the management and
investment of both OCC's own funds and cash deposited by Clearing
Members. Pursuant to its rules, OCC's Board of Directors (``Board'')
may invest funds in excess of the amount needed as working capital in
Government securities or such other securities or financial instruments
as theBoard may from time to time approve.\7\ Further, OCC's rules
allow it to invest in Government securities cash that it receives and
holds from Clearing Members' margin requirements and Clearing Fund
contributions.\8\ OCC proposes to add its Cash and Investment
Management Policy to its current investment related rules.\9\
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    \7\ See By-Law Art. IX, Sec. 1.
    \8\ See OCC Rule 604(a); Rule 1006(c).
    \9\ See Notice of Filing, 87 FR 1820.
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    The proposed Cash and Investment Management Policy will build on
OCC's existing Rules by (i) outlining the safeguarding standards for
cash and related investments managed by OCC to minimize credit and
liquidity risk, and (2) providing guidelines for investments permitted
by OCC's Rules as described above. With regard to safeguarding cash,
the Policy would allow OCC to hold OCC Cash \10\ and Clearing Member
Cash \11\ in demand deposit accounts with commercial banks or in
accounts at a Federal Reserve Bank. Consistent with OCC's current
Rules, the Policy would require OCC to move all margin and Clearing
Fund cash related to a suspended Clearing Member into a liquidating
settlement account for use in meeting the obligations of the Clearing
Member.\12\ The Policy would also require that OCC employ a bank
account structure that segregates customer funds per applicable
regulatory requirements \13\ and OCC's By-Laws and Rules.\14\
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    \10\ Under the proposed Policy, OCC Cash would include working
capital related to future operating costs, inclusive of financial
resources held to meet liquidity and resiliency requirements,
proceeds from lines of credit, if any, maintained to support OCC's
working capital, and investments made with OCC Cash. OCC Cash would
also include OCC's Minimum Corporate Contribution. See Securities
Exchange Act Release No. 92038 (May 27, 2021), 86 FR 29861 (Jun. 3,
2021) (File No. SR-OCC-2021-003) (establishing a persistent minimum
level of OCC's own capital that it would contribute to default
losses or liquidity shortfalls prior to allocating a default loss to
the Clearing Fund contributions of non-defaulting Clearing Members).
OCC Cash would not include cash held in respect of OCC's pension
plan, post-retirement welfare plan, or other deferred compensation
plans.
    \11\ Under the proposed Policy, Clearing Member Cash would
include cash collateral deposited as margin or Clearing Fund
contributions, cash held in liquidating settlement accounts for
suspended Clearing Members pursuant to OCC's Rule 1104, and
investments made with Clearing Member Cash. Clearing Member Cash
would also include proceeds from OCC's syndicated credit facility
and liquidity facilities. See Securities Exchange Act Release No.
88971 (May 28, 2020), 85 FR 34257 (Jun. 3, 2020) (File No. SR-OCC-
2020-804) (discussing OCC's revolving credit facility); Securities
Exchange Act Release No. 89039 (Jun. 10, 2020), 85 FR 36444 (Jun.
16, 2020) (File No. SR-OCC-2020-803) (discussing OCC's non-bank
liquidity facility).
    \12\ See OCC Rule 1104.
    \13\ See 17 CFR 39.15 (requiring a derivatives clearing
organization to comply with the segregation requirements section 4d
of the Commodity Exchange Act).
    \14\ See OCC By-Laws Art. VI, Sec. 3(f) (providing for
maintenance of segregated futures accounts).
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    With regard to investments, the Policy would provide that OCC's
investment strategy is to preserve principal and maintain adequate
liquidity. OCC outlines its specific investments in internal
procedures, but will publish its investment strategy in its Qualitative
Disclosures posted to OCC's public website.\15\ Under the proposed
Policy, OCC will invest only with counterparties that meet the
financial and operational standards outlined in OCC's procedures
concerning its banking relationships.\16\
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    \15\ OCC's Qualitative Disclosures are available at https://www.theocc.com/Risk-Management/PFMI-Disclosures.
    \16\ Additionally, OCC's Third-Party Risk Management Framework
describes the basis for evaluating financial institutions based on
financial resources and operational capacity, such as whether a
relationship is structured to allow prompt access to assets and
whether a custodian is a supervised and regulated institution that
adheres to generally accepted accounting practices, maintains
safekeeping procedures, and has controls that fully protect these
assets. See Securities Exchange Act Release No. 90797 (Dec. 23,
2021), 85 FR 86592, 86593 (Dec. 30, 2021).
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    The Policy would affirm OCC's current practice of not investing
Clearing Fund cash, which is instead maintained in accounts at a
Federal Reserve Bank or a commercial bank. The Policy would also limit
the investment of margin cash to instruments that provide liquidity to
OCC by the following business day. In contrast, the Policy would not
limit the investment of OCC cash in excess of 110 percent of its Target
Capital Requirement \17\ to overnight transactions. Further, the Policy
would require procedures to ensure that end-of-day margin cash balances
remain above the aggregate level of any Required Cash Deposits to
support OCC's management of liquidity risk.\18\ Under the Policy,
interest or gain received on investments will belong to OCC except as
otherwise provided for in OCC's Rules.\19\
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    \17\ OCC's Target Capital Requirement is the amount of
shareholders' equity recommended by OCC management and approved by
the Board to ensure compliance under both the Commission and
Commodity Futures Trading Commission rules and to keep such
additional amount the Board may approve for capital expenditures.
See OCC Rule 101(T)(1).
    \18\ Under its Liquidity Risk Management Framework, OCC may
require a Clearing Member Group to post cash collateral to
supplement OCC's Available Liquidity Resources when stressed
liquidity demands for that Clearing Member Group are above
established thresholds or until the settlement demand is met. See
Exchange Act Release No. 89014 (Jun. 4, 2020), 85 FR 35446, 35449
(Jun. 10, 2020) (File No. SR-OCC-2020-003).
    \19\ See e.g., Securities Exchange Act Release No. 82502 (Jan.
12, 2018), 82 FR 2825, 2826 (Jan. 19, 2018) (File No. SR-OCC-2017-
009) (stating that OCC would pass interest income earned on Clearing
Fund cash deposited at a Federal Reserve Bank through to its
Clearing Members).
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B. Access to Clearing Fund Contributions

    OCC's current Rules define the conditions under which OCC may use
Clearing Fund assets to make good losses or expenses suffered by OCC or
by the Clearing Fund with regard to borrowings made by OCC.\20\ OCC's
Rules also define the conditions under which OCC may borrow Clearing
Fund assets.\21\ OCC's Rules address OCC's authority to access Clearing
Fund assets related to the failure of a bank or clearing organization
to perform its obligations to OCC, but not the failure of an investment
counterparty. OCC proposes a series of changes to its Rules,

described below, to broaden OCC's authority to access Clearing Fund
assets to address the potential failure of an investment counterparty
to meet its obligations to OCC.
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    \20\ See OCC Rule 1006(a) and (c).
    \21\ See OCC Rule 1006(f).
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    OCC proposes to amend its Rules 1006(a) and (c) to add ``investment
counterparty'' to the list of counterparties whose failure to perform
any obligation to OCC when due because of its bankruptcy, insolvency,
receivership, suspension of operations, or any similar event that
causes OCC to sustain a loss. OCC also proposes to amend its Rule
1006(f) to authorize OCC to take possession of cash or securities
deposited by Clearing Members as contributions to the Clearing Fund and
securities in which the OCC has invested Clearing Fund cash
contributions if OCC reasonably believes it necessary to borrow to meet
its liquidity needs for same-day settlement as a result of the failure
of an investment counterparty. However, the proposed changes to Rules
1006(a), (c), and (f) would limit access to failures with respect to
cash invested under Rules 604(a) and 1002(c), which deal with margin
cash and Clearing Fund cash contributions, respectively.
    OCC is also proposing to restate and reorganize Rule 1006(f), which
currently consists of a single paragraph, into four subparagraphs with
the following headings: (1) Conditions; (2) Uses; (3) Term; Clearing
Fund Charge; and (4) Substitution Requests. To eliminate a potential
inconsistency with Rule 1006(c), OCC would revise the condition
triggering OCC's access to the Clearing Fund from failure ``to achieve
daily settlement'' to failure ``to perform any obligation to the
Corporation when due.'' The proposed changes to 1006(f) also include
the removal of a gendered pronoun and other administrative changes.

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Exchange Act directs the Commission to
approve a proposed rule change of a self-regulatory organization if it
finds that such proposed rule change is consistent with the
requirements of the Exchange Act and the rules and regulations
thereunder applicable to such organization.\22\ After carefully
considering the Proposed Rule Change, the Commission finds that the
proposal is consistent with the requirements of the Exchange Act and
the rules and regulations thereunder applicable to OCC. More
specifically, the Commission finds that the proposal is consistent with
Section 17A(b)(3)(A) of the Exchange Act,\23\ and Rule 17Ad-22(e)(13)
\24\ and Rule 17Ad-22(e)(16) \25\ thereunder, as described in detail
below.
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    \22\ 15 U.S.C. 78s(b)(2)(C).
    \23\ 15 U.S.C. 78q-1(b)(3)(A).
    \24\ 17 CFR 240.17Ad-22(e)(13).
    \25\ 17 CFR 240.17Ad-22(e)(16).
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A. Consistency With Section 17A(b)(3)(F) of the Exchange Act

    Section 17A(b)(3)(F) of the Exchange Act requires, among other
things, that the rules of a clearing agency be designed to promote the
prompt and accurate clearance and settlement of securities transactions
and, to the extent applicable, derivative agreements, contracts, and
transactions as well as to ensure the safeguarding of securities and
funds which are in the custody or control of the clearing agency.\26\
Based on its review of the record, and for the reasons described below,
the Commission finds the proposal is consistent with Section
17A(b)(3)(F) of the Exchange Act.
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    \26\ 15 U.S.C. 78q-1(b)(3)(F).
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    The Commission believes that the proposed adoption of the Cash and
Investment Management Policy would be consistent with the the
safeguarding of securities and funds because the proposed changes would
build on OCC's current Rules for managing cash and investments. The
Policy, which OCC proposes to add to its Rules, includes standards for
safeguarding OCC Cash and Clearing Member Cash through the application
of OCC's counterparty standards, such as allowing OCC Cash and Clearing
Member Cash to be deposited only in a Federal Reserve Bank or in demand
deposit accounts with institutions that meet the standards set out in
OCC's current risk management strategy to minimize the risk of loss or
delay in access to such funds. Further, to support OCC's liquidity risk
management practices, the Policy includes limitations on the permitted
tenure of investments. The Commission believes, therefore, that adding
the Policy to OCC's Rules is consistent with the safeguarding of
securities and funds in OCC's custody or control.
    The Commission believes that the proposed changes to broaden OCC's
authority to access Clearing Fund contributions are consistent with
promoting the prompt and accurate clearance and settlement of
securities transactions. The proposed changes will increase OCC's
authority to access Clearing Fund contributions to address losses or
shortfalls arising out of the failure of an investment counterparty to
perform with regard to investments, margin cash or Clearing Fund cash.
In the event that a counterparty with whom OCC has invested Clearing
Member Cash has failed, the proposed rule change is designed to allow
OCC to access the Clearing Fund to meet OCC's payment obligations.
Ensuring that OCC is able to meet its payment obligations would, in
turn, reduce the likelihood of a disruption to the timely settlement of
derivates contracts and related transactions, such as the payment of
premiums or cash settlements arising out of exercise and assignment
activities. The Commission believes, therefore, that allowing OCC
access to the Clearing Fund contributions in the event of a failure of
an investment counterparty would promote the prompt and accurate
clearance and settlement of securities transactions and, to the extent
applicable, derivative agreements, contracts, and transactions.
    The Commission believes, therefore, that the proposal to add OCC's
policy regarding cash and related investments to its Rules, and amend
OCC's Rules governing the use of Clearing Fund contributions to ensure
access in the event of the failure of an investment counterparty with
whom OCC has invested cash collateral, is consistent with the
requirements of Section 17A(b)(3)(F) of the Exchange Act.\27\
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    \27\ 15 U.S.C. 78q-1(b)(3)(F).
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B. Consistency With Rule 17Ad-22(e)(13) Under the Exchange Act

    Rule 17Ad-22(e)(13) under the Exchange Act requires, among other
things, that a covered clearing agency establish, implement, maintain,
and enforce written policies and procedures reasonably designed to
ensure the covered clearing agency has the authority to take timely
action to contain losses and liquidity demands and continue to meet its
obligations.\28\
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    \28\ 17 CFR 240.17Ad-22(e)(13).
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    As the Commission has observed previously, OCC relies on the
resources in its Clearing Fund to manage the potential losses arising
out of the default of a Clearing Member under extreme but plausible
market conditions.\29\ OCC also relies on such resources to manage
potential liquidity shortfalls arising out of the default of a Clearing
Member under extreme but plausible market conditions.\30\ In the event
of a Clearing

Member default, unless it has access to the Clearing Fund contributions
of non-defaulting Clearing Members, OCC's inability to access the
defaulter's cash collateral due to the failure of an investment
counterparty could inhibit OCC's ability to contain losses and
liquidity demands. The Commission also believes that the proposed
changes to restate and reorganize Rule 1006(f) would enhance the rule's
clarity, and therefore help ensure OCC's authority to access Clearing
Fund contributions to address losses or shortfalls arising out of the
failure of an investment counterparty to perform with regard to
investments of margin cash or Clearing Fund cash.
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    \29\ See Securities Exchange Act Release No. 87717 (Dec. 11,
2019), 84 FR 68985, 68987 (Dec. 17, 2019) (File No. SR-OCC-2019-
009).
    \30\ See Securities Exchange Act Release No. 89014 (Jun. 4,
2020), 85 FR 35446, 35450 (Jun. 10, 2020) (File No. SR-OCC-2020-003)
(stating that cash contributions to the Clearing fund serve as an
important source of liquidity and that non-cash contributions
provide a source of collateral necessary for OCC to access sources
of liquidity).
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    The Commission believes, therefore, that the proposed changes to
broaden OCC's authority to access to Clearing Fund contributions are
consistent with Rule 17Ad-22(e)(13) under the Exchange Act.\31\
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    \31\ 17 CFR 240.17Ad-22(e)(13).
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C. Consistency With Rule 17Ad-22(e)(16) Under the Exchange Act

    Rule 17Ad-22(e)(16) under the Exchange Act requires that a covered
clearing agency establish, implement, maintain, and enforce written
policies and procedures reasonably designed to safeguard its own and
its participants' assets, minimize the risk of loss and delay in access
to these assets, and invest such assets in instruments with minimal
credit, market and liquidity risks.\32\ In adopting Rule 17Ad-
22(e)(16), the Commission provided guidance for consideration by
covered clearing agencies.\33\ Such guidance included the consideration
of whether a covered clearing agency's investment strategy is
consistent with its overall risk management strategy and fully
disclosed to participants.\34\
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    \32\ 17 CFR 240.17Ad-22(e)(16).
    \33\ Covered Clearing Agency Standards, 81 FR at 70837.
    \34\ Id.
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    The Commission believes that the proposed Cash and Investment
Management Policy would support and enhance OCC's current Rules
regarding the investment of its and its participants' cash assets. As
described above, the Policy outlines safeguarding standards, such as
allowing OCC Cash and Clearing Member cash to be deposited only in a
Federal Reserve Bank or in demand deposit accounts with institutions
that meet the standards set out in OCC's current risk management
strategy (e.g., OCC's Third Party Risk Management Framework) to
minimize the risk of loss or delay in access to such funds. The
Commission believes further that limiting the investment of cash to
Government Securities, and specifically limiting the investment of
Clearing Member Cash to instruments that provide liquidity to OCC by
the following business day, is consistent with investing in assets with
minimal credit, market, and liquidity risks.\35\
---------------------------------------------------------------------------

    \35\ The Policy would allow OCC to invest its own cash in
longer-tenured instruments only where such cash is in excess of 110
percent of OCC's Target Capital Requirement.
---------------------------------------------------------------------------

    The Commission believes, therefore, that the addition of the Cash
and Investment Management Policy to OCC's Rules is consistent with Rule
17Ad-22(e)(16) under the Exchange Act.\36\
---------------------------------------------------------------------------

    \36\ 17 CFR 240.17Ad-22(e)(16).
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
Proposed Rule Change is consistent with the requirements of the
Exchange Act, and in particular, the requirements of Section 17A of the
Exchange Act \37\ and the rules and regulations thereunder.
---------------------------------------------------------------------------

    \37\ In approving this Proposed Rule Change, the Commission has
considered the proposed rules' impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Exchange Act,\38\ that the Proposed Rule Change (SR-OCC-2021-014) be,
and hereby is, approved.
---------------------------------------------------------------------------

    \38\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\39\
---------------------------------------------------------------------------

    \39\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2022-04330 Filed 3-1-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 209 (Tuesday, October 29, 2019)]
[Rules and Regulations]
[Pages 57818-57819]
[FR Doc No: 2019-23401]

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

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0857]
RIN 1625-AA00

Safety Zone; Naval Training Operations, U.S. Naval Magazine
Indian Island, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 500-yard radius of Walan Point, Indian
Island, WA. This safety zone is needed to protect personnel, vessels,
and the marine environment from potential hazards due to naval training
operations. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Puget Sound.

DATES: This rule is effective from 8 a.m. on October 30, 2019, to 4
p.m. on October 31, 2019, and will be subject to enforcement each of
these days from 8 a.m. to 4 p.m.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0857 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Ellie Wu, Sector Puget Sound Waterways
Management Division, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 issuing an NPRM is impracticable. The
Coast Guard received notification of these naval training operations
from the U.S. Navy on October 7, 2019, and we must take action by
October 30, 2019, to protect the public from potential hazards
implicated by these training operations. Delaying issuance of this
temporary final rule to publish an NPRM and consider comments in
response to the NPRM is impracticable, because the safety zone must be
in place for the operation, which begins on October 30, 2019.
    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. Delaying the effective date of
this rule would be impracticable because of the danger associated with
these training operations, which may include but is not limited to
high-speed maneuvers, simulated attacks, and the firing of blank
ammunition. This rule must be effective starting October 30, 2019, to
protect vessels, personnel, and the marine environment from potential
hazards associated with these training operations.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (formerly 33 U.S.C. 1231). The Captain of the Port Puget Sound
(COTP) has determined that potential hazards exist with this naval
training operation. This rule is needed to protect personnel, vessels,
and the marine environment in the navigable waters within the safety
zone from potential hazards posed by the naval training operation.

IV. Discussion of the Rule

    This rule establishes a safety zone regulation from 10 a.m. on
October 30, 2019, to 4 p.m. on October 31, 2019. This regulation will
only be subject to enforcement for the following 8-hour period each of
these 2 days: 8 a.m. to 4 p.m.
    The safety zone will cover navigable waters within a 500-yard
radius of Walan Point, Indian Island.
    The duration of this regulation is intended to protect personnel,
vessels, and the marine environment in these navigable waters while
naval training operations are taking place. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration of the safety zone. Vessel traffic will be able to
safely transit around this safety zone which would impact a small
designated area of the waterway on the western side of U.S. Naval
Magazine Indian Island. Moreover, the Coast Guard will issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule will allow vessels to seek permission to enter the
zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C.

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under 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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969(42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone lasting only 16 hours in
total, which will prohibit entry within designated zone during naval
training operations. It is categorically excluded from further review
under paragraph L60(a) in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures 5090.1. A Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES.

G. Protest Activities

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

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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T13-0857 to read as follows:

Sec.  165.T13-0857  Safety Zone; Naval Training Operations, U.S. Naval
Magazine Indian Island, Washington.

    (a) Location. The following area is a safety zone: All navigable
waters within a 500 yards radius of Walan Point, Indian Island, WA.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Puget Sound in the enforcement of the safety zone.
    (c) Regulations. In accordance with the general regulations in Part
165, Subpart C, no persons or vessels may enter or remain in the safety
zone created in this unless authorized by the Captain of the Port or
their designated representative. For permission to enter the safety
zone, contact the on-scene designated representative or Joint Harbor
Operations Center via VHF CH16 or at<PHONE_NUMBER>. Those in the safety
zone must comply with all lawful orders or directions given to them by
the Captain of the Port or their designated representative.
    (d) Enforcement periods. This section will be enforced from 8 a.m.
to 4 p.m. daily, on October 30, 2019, and October 31, 2019.

    Dated: October 21, 2019.
L.A. Sturgis,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2019-23401 Filed 10-28-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: September 22, 2006 (Volume 71, Number 184)]
[Notices]
[Page 55471-55472]
[DOCID:fr22se06-86]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0351; FRL-8076-3]

Pesticides; Draft Guidance for Pesticide Registrants on Use of
Antimicrobial Pesticide Products in Heating, Ventilation, Air
Conditioning, and Refrigeration Systems

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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

SUMMARY: The Agency is announcing the availability of and seeking
public comment on a draft Pesticide Registration Notice (PR Notice)
entitled ``Use of Antimicrobial Pesticide Products in Heating,
Ventilation, Air Conditioning and Refrigeration Systems.'' 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
particular draft PR Notice would, once final, provide guidance to the
registrants concerning EPA-registered sanitizer, disinfectant and other
antimicrobial products whose labels bear general directions for use on
or incorporation within hard, non-porous or porous surfaces, but which
are not specifically registered for treatment of Heating, Ventilation,
Air Conditioning and Refrigeration Systems (HVAC&R).

DATES: Comments must be received on or before November 21, 2006.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0351, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0351. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the OPP

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. The hours of operation
of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The Docket telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Tracy Lantz, Antimicrobials Division,
(7510P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

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 required
to register pesticides and those who maintain Heating, Ventilation, Air
Conditioning and Refrigeration Systems. 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. If you have any
questions regarding the information in this notice, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of the

information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

C. How Can I Get Copies of this Documemnt and Other Related
Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPPT-2006-0351. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard

copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Building), 2777 S.
Crystal Drive Arlington, VA. The hours of operation of this Docket
Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding
legal holidays. The Docket telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. What Guidance Does this PR Notice Provide?

    The EPA is concerned that sanitizer, disinfectant and other
antimicrobial products are being used to treat surfaces of HVAC&R
systems, including but not limited to use as a part of an air duct
cleaning program. When initially registered, these products were
approved for use on hard surfaces such as countertops, but air ducts
were not intended to be included in the broad hard surface category.
EPA is concerned that data demonstrating efficacy when used in air
ducts have not been submitted for review by the Agency. Moreover, use
of these products in HVAC&R systems such as air ducts pose potential
human exposure and health risks to applicators and building occupants
which have not been assessed by the Agency.
    This draft PR Notice provides guidance which, once final, the
Agency would provide to registrants concerning labeling language that
EPA believes would address its current concerns for sanitizer,
disinfectant and other antimicrobial products whose labels bear
directions for use on, or incorporation within, hard, non-porous
surfaces, but which have not been specifically approved for use in
HVAC&R systems. The PR Notice describes an Agency approach that
registrants of products subject to this Notice should add a ``Do Not
Use'' statement to the labeling of such products. Supporting documents
for this draft PR Notice are contained in the docket.

III. Do PR Notices Contain Binding Requirements?

    The PR Notice discussed in this notice 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.

List of Subjects

    Environmental protection, Administrative practice and procedure,
Labeling, Pesticides and pests.

    Dated: September 8, 2006.
James Jones,
Director, Office of Pesticide Programs.
[FR Doc. 06-7960 Filed 9-21-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 87, Number 119 (Wednesday, June 22, 2022)]
[Rules and Regulations]
[Pages 37228-37231]
[FR Doc No: 2022-13362]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0685; Project Identifier MCAI-2022-00243-R;
Amendment 39-22093; AD 2022-13-07]
RIN 2120-AA64

Airworthiness Directives; AutoGyro Certification Limited (Type
Certificate Previously Held by RotorSport UK Ltd) Gyroplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
AutoGyro Certification Limited (type certificate previously held by
RotorSport UK Ltd) Model Calidus, Cavalon, and MTOsport 2017
gyroplanes. This AD was prompted by reports of rotor blade longitudinal
cracking and rotor blade attachment bolt hole fretting corrosion and
cracking. This AD requires reducing the life limits for the rotor
systems, repetitively inspecting each rotor blade, and depending on the
outcome, removing parts from service. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD becomes effective July 7, 2022.
    The FAA must receive comments on this AD by August 8, 2022.

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 https://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 final rule, contact
Gerry Speich; Poplar Farm, Wentnor, Bishops Castle, South Shropshire,
United Kingdom, SY9 5EJ; telephone +44-1588-505060; or at http://www.auto-gyro.co.uk/. You may view this service information at the FAA,
Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy.,
Room 6N-321, Fort Worth, TX

76177. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0685; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, the
United Kingdom (UK) Civil Aviation Authority (CAA) Mandatory Permit
Directive (MPD), any comments received, and other information. The
street address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Chirayu Gupta, Aerospace Engineer,
Mechanical Systems & Administrative Services Section, New York ACO
Branch, Compliance & Airworthiness Division, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    UK CAA, which is the aviation authority for the United Kingdom, has
issued UK CAA MPD 2022-002, dated January 24, 2022 (UK CAA MPD 2022-
002), to correct an unsafe condition for Autogyro Certification Limited
(formerly Rotorsport Uk Limited) Model MT-03, MTOsport, MTOsport 2017,
Calidus, and Cavalon gyroplanes. UK CAA advises of rotor blade
longitudinal cracking and rotor blade attachment bolt hole fretting
corrosion and cracking on gyroplanes with a Rotor System II installed.
According to the UK CAA, due to design similarity, this condition may
also affect gyroplanes with a Rotor System I installed. This condition,
if not addressed, could result in loss of a rotor blade and subsequent
loss of control of the gyroplane.
    Accordingly, UK CAA MPD 2022-002 requires determining the
accumulated flight hours on the rotor system, complying with new life
limits for the rotor systems, and repetitively inspecting each rotor
blade to hub bar attachment fastenings and blade holes. Depending on
the outcome of the inspections, UK CAA MPD 2022-002 requires replacing
and returning parts, and reporting certain information to Autogyro
Certification Limited and the UK CAA.

FAA's Determination

    These gyroplanes have been approved by the aviation authority of
the UK and are approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with the UK, the UK CAA, its technical
representative, has notified the FAA of the unsafe condition described
in its MPD. The FAA is issuing this AD after evaluating all known
relevant information and determining that the unsafe condition
described previously is likely to exist or develop on other gyroplanes
of these same type designs.

Related Service Information

    The FAA reviewed RotorSport UK Ltd Service Bulletin SB-144 Issue 1,
dated, August 19, 2021. This service information specifies new Rotor
System I and II life limits and new rotor blade to hub bar attachment
fastenings and blade hole inspection compliance times. This service
information also specifies a recurring inspection of the rotor system
hub bar assembly bolts.
    The FAA also reviewed RotorSport UK Ltd Service Information Letter
SIL-028, Issue 1, dated June 17, 2019. This service information
provides construction and general information regarding the different
versions of Rotor System I and II and the rotor blades, and highlights
particular areas of importance of the rotor blades. This service
information specifies procedures for inspecting the blade to hub bar
joints, rotor blade surfaces and planes, and rotor blade attachment
bolt holes. This service information also specifies information
regarding and provides photos of trailing edge damage, leading edge
damage, and a longitudinal blade root crack that is adjacent to the
bolted area. Lastly, this service information provides information
regarding if there is substantial damage of a rotor blade or rotor
system.

AD Requirements

    This AD requires reducing the life limits for Rotor Systems I and
II. This AD also requires repetitively removing, cleaning, and
inspecting certain areas of each rotor blade and each rotor blade bolt
hole, and depending on the outcome, removing parts from service and
installing airworthy parts.

Differences Between This AD and the UK CAA MPD

    UK CAA MPD 2022-002 applies to Model MT-03 and MTOsport gyroplanes,
whereas this AD does not because those models are not FAA type-
certificated. UK CAA MPD 2022-002 requires accomplishing the initial
instance of the inspections within 100 hours or 12 months for Rotor
System I, and within 100 or 500 hours depending on accumulated usage or
2 years or 1 year (recommended) depending on operational or storage
usage for Rotor System II; whereas this AD requires accomplishing the
initial inspections within 10 hours time-in-service (TIS) or 3 months,
whichever occurs first, for a gyroplane with a Rotor System I or II,
all part numbers and serial numbers, installed. For certain Rotor
System II units, UK CAA MPD 2022-002 recommends a shorter recurring
inspection time; whereas this AD does not. This AD requires wiping the
inspection areas of the rotor blades clean before accomplishing the
inspections; whereas UK CAA MPD 2022-002 does not. UK CAA MPD 2022-002
refers to service information that states that ``means of inspection
can be dye penetrant or visual high magnification or as determined
appropriate by the inspector;'' whereas this AD mandates what types of
inspections must be accomplished. UK CAA MPD 2022-002 requires
returning parts to the manufacturer, whereas this AD does not. UK CAA
MPD 2022-002 requires reporting certain information; whereas this AD
does not.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because cracking and fretting on the surfaces of the rotor blades can
lead to degradation or structural failure of the rotor system and
subsequent loss of control of the gyroplane. Loss of aerodynamic
control due to the mentioned unsafe condition could ultimately be
categorized as a catastrophic failure. In addition, the FAA has no
information regarding the number of rotor blades that are in service
beyond their fatigue life or pertaining to the extent of cracking or
corrosion of rotor blades that may currently exist in gyroplanes or how
quickly the condition may propagate to

failure. In light of this, this AD reduces the life limit threshold of
the rotor systems and the initial instance of the rotor blade
inspections required by this AD must be accomplished within 10 hours
TIS or 3 months, whichever occurs first. This compliance time is
shorter than the time necessary for the public to comment and for
publication of the final rule. Accordingly, notice and opportunity for
prior public comment are impracticable and contrary to the public
interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-0685; Project Identifier MCAI-
2022-00243-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Chirayu
Gupta, Aerospace Engineer, Mechanical Systems & Administrative Services
Section, New York ACO Branch, Compliance & Airworthiness Division, FAA,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone (516)
228-7300; email [email protected]. Any commentary that the FAA
receives which is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 41 gyroplanes of U.S.
Registry. Labor rates are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.
    Replacing a rotor system takes about 1.5 hours and parts cost about
$5,500 for an estimated cost of $5,628 per gyroplane and $230,748 for
the U.S. fleet, per instance. Inspecting a rotor system takes about 1
work-hour for an estimated cost of $85 per gyroplane and $3,485 for the
U.S. fleet, per inspection cycle.

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.
    The FAA is 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

    This AD will not have federalism implications under Executive Order
13132. This AD will 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, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

The Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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:

2022-13-07 AutoGyro Certification Limited (Type Certificate
Previously Held by RotorSport UK Ltd): Amendment 39-22093; Docket
No. FAA-2022-0685; Project Identifier MCAI-2022-00243-R.

(a) Effective Date

    This airworthiness directive (AD) is effective July 7, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to AutoGyro Certification Limited (type
certificate previously held by RotorSport UK Ltd) Model Calidus,
Cavalon, and MTOsport 2017 gyroplanes, certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6210, Main Rotor
Blades.

(e) Unsafe Condition

    This AD was prompted by reports of rotor blade longitudinal
cracking and rotor blade attachment bolt hole fretting corrosion and
cracking. The FAA is issuing this AD to prevent a rotor system from
remaining in service beyond its fatigue life and detect fretting
corrosion and cracking. The unsafe condition, if not addressed,
could result in failure or loss of a rotor blade and subsequent loss
of control of the gyroplane.

(f) Compliance

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

(g) Required Actions

    (1) For a gyroplane with a Rotor System I, all part numbers and
serial numbers, installed:
    (i) That has accumulated 700 or more total hours time-in-service
(TIS) on the rotor system, before further flight after the effective
date of this AD, remove the rotor system, which includes the rotor
bearing, from service.
    (ii) That has accumulated less than 700 total hours TIS on the
rotor system, before accumulating 700 total hours TIS after the
effective date of this AD, remove the rotor system, which includes
the rotor bearing, from service.
    (iii) Thereafter following paragraph (g)(1)(i) or (ii) of this
AD, remove the rotor system, which includes the rotor bearing, from
service before accumulating 700 total hours TIS.
    (2) For a gyroplane with a Rotor System II, all part numbers and
serial numbers, installed:
    (i) That has accumulated 2,500 or more total hours TIS on the
rotor system, before further flight after the effective date of this
AD, remove the rotor system, which includes the rotor bearing, from
service.
    (ii) That has accumulated less than 2,500 total hours TIS on the
rotor system, before accumulating 2,500 total hours TIS after the
effective date of this AD, remove the rotor system, which includes
the rotor bearing, from service.
    (iii) Thereafter following paragraph (g)(2)(i) or (ii) of this
AD, remove the rotor system, which includes the rotor bearing, from
service before accumulating 2,500 total hours TIS.
    (3) For a gyroplane with a Rotor System I or II, all part
numbers and serial numbers, installed, accomplish the actions
required by paragraph (g)(4) of this AD within 10 hours TIS or 3
months after the effective date of this AD, whichever occurs first.
    (4) For each rotor blade, starting with the rotor blade bolt
closest to the rotor hub, sequentially remove each bolt and lock
nut, remove the rotor blade, and remove the inner end cap.
    (i) Using a dry cloth, wipe clean the rotor blade upper and
lower surfaces within 100 mm of the circumference of each bolt hole.
    (A) Dye penetrant inspect, or use a flashlight and 10X or higher
power magnifying glass, to inspect the cleaned rotor blade upper and
lower surfaces within 100 mm of the circumference of each bolt hole
for a crack, split, dent, and fretting corrosion. If there is a
crack, split, dent, or fretting corrosion at any point within 100 mm
over the full circumference (360[deg]) of a bolt hole, before
further flight, remove the rotor system, which includes the rotor
bearing, from service and install airworthy parts.
    (B) Using a flashlight and 10X or higher power magnifying glass,
inspect each plane on the cleaned upper and lower surfaces for
bending within 100 mm of the circumference of the bolt hole. If
there is any bending in any plane within 100 mm over the full
circumference (360[deg]) of a bolt hole, before further flight,
remove the rotor system, which includes the rotor bearing, from
service and install airworthy parts.
    (ii) Dye penetrant inspect, or use a flashlight and 10X or
higher power magnifying glass to inspect the rotor blade upper and
lower inside surfaces at the rotor blade extrusion end (where the
inner end cap was removed) for a crack, paying particular attention
for a longitudinal crack adjacent to the bolted area. If there is a
crack, before further flight, remove the rotor system, which
includes the rotor bearing, from service and install airworthy
parts.
    Note 1 to paragraph (g)(4)(ii): Page 5 of RotorSport UK Ltd
Service Information Letter SIL-028, Issue 1, dated June 17, 2019,
includes a photo of a longitudinal blade root crack.
    (iii) Using a flashlight and 10X or higher power magnifying
glass, inspect each bolt hole in the rotor blade upper and lower
surfaces for any burrs and fretting corrosion. If there is a burr or
fretting corrosion, before further flight, remove the rotor system,
which includes the rotor bearing, from service and install airworthy
parts.
    (iv) Using a dry cloth, wipe clean and dye penetrant inspect, or
use a flashlight and 10X or higher power magnifying glass to inspect
each bolt hole in the rotor blade upper and lower surfaces for a
crack. If there is a crack, before further flight, remove the rotor
system, which includes the rotor bearing, from service and install
airworthy parts.
    (5) Thereafter following paragraph (g)(3) of this AD, repeat the
actions required by paragraph (g)(4) of this AD at intervals not to
exceed the compliance time specified in paragraphs (g)(5)(i) through
(iii) of this AD, as applicable to your rotor system.
    (i) For a gyroplane with a Rotor System I, all part numbers and
serial numbers, installed, at intervals not to exceed 100 hours TIS
or 12 months, whichever occurs first.
    (ii) For a gyroplane with a Rotor System II, all part numbers
and serial numbers, installed, that has accumulated more than 1,500
total hours TIS on the rotor system, at intervals not to exceed 100
hours TIS or 24 months, whichever occurs first.
    (iii) For a gyroplane with a Rotor System II, all part numbers
and serial numbers, installed, that has accumulated 1,500 or less
total hours TIS on the rotor system, at intervals not to exceed 500
hours TIS or 24 months, whichever occurs first.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, 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 manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (i)(1) of
this AD. Information may be emailed to: [email protected].
    (2) 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.

(i) Related Information

    (1) For more information about this AD, contact Chirayu Gupta,
Aerospace Engineer, Mechanical Systems & Administrative Services
Section, New York ACO Branch, Compliance & Airworthiness Division,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone
(516) 228-7300; email [email protected].
    (2) RotorSport UK Ltd Service Information Letter SIL-028, Issue
1, dated June 17, 2019, which is not incorporated by reference,
contains additional information about the subject of this AD. For
service information identified in this AD, contact Gerry Speich;
Poplar Farm, Wentnor, Bishops Castle, South Shropshire, United
Kingdom, SY9 5EJ; telephone +44-1588-505060; or at http://www.auto-gyro.co.uk/. You may view this referenced service information at the
FAA, Office of the Regional Counsel, Southwest Region, 10101
Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. For information
on the availability of this material at the FAA, call (817) 222-
5110.
    (3) The subject of this AD is addressed in United Kingdom (UK)
Civil Aviation Authority (CAA) Mandatory Permit Directive (MPD)
2022-002, dated January 24, 2022. You may view the UK CAA MPD at
https://www.regulations.gov in Docket No. FAA-2022-0685.

(j) Material Incorporated by Reference

    None.

    Issued on June 13, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-13362 Filed 6-16-22; 4:15 pm]
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[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)]
[Rules and Regulations]
[Page 22281]
[FR Doc No: 2017-09722]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0311]

Drawbridge Operation Regulation; Quantuck Canal, Westhampton
Beach, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Beach Lane Bridge across the
Quantuck Canal, mile 1.1 at Westhampton Beach, New York. This action is
necessary to complete rehabilitation of the bascule leaves of the
drawbridge. The deviation will allow the bridge to open only one
bascule span at a time in order to provide passage for vessels
requiring an opening.

DATES: This deviation is effective without actual notice from May 15,
2017 through 11:59 p.m. on September 30, 2017. For the purposes of
enforcement, actual notice will be used from April 17, 2017, until May
15, 2017.

ADDRESSES: The docket for this deviation, USCG-2017-0311 is available
at 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 deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email James M. Moore, Bridge Management
Specialist, First District Bridge Branch, U.S. Coast Guard; telephone
212-514-4334, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Suffolk County Department of Public
Works, the owner of the bridge, requested a temporary deviation in
order to facilitate reconstruction of the bascule leaves.
    The Beach Lane Bridge across the Quantuck Canal, mile 1.1 at
Westhampton Beach, New York is a double-leaf bascule bridge offering
mariners a vertical clearance of 13.9 feet at mean high water and 16.2
feet at mean low water in the closed position. Horizontal clearance is
50.3 feet, but utilization of a work barge placed underneath one of the
bascule leaves will reduce horizontal clearance to 25 feet. The
existing drawbridge operating regulations are listed at 33
CFR117.799(d).
    This temporary deviation will allow the Beach Lane Bridge to open
only one of the two bascule spans for bridge openings from 12:01 a.m.
on April 17, 2017 to 11:59 p.m. on September 30, 2017. Dual lift span
operations will be permitted, provided 48 hours of advance notice is
furnished to the owner of the bridge.
    The majority of vessels requiring bridge openings are sailing
vessels and yachts transiting the waterway. Discussion with the
proprietor of the Modern Yachts Marina located in the vicinity of the
bridge confirms typical recreational traffic will continue to be able
to proceed through the navigation opening of the bridge during one-leaf
operations. Small scale tug/barge combinations occasionally transit the
Quantuck Canal, but such commercial craft are generally limited in
size. Mariners concur that the requirement to provide the bridge owner
48 hours of advance notice for dual lift span operations will not
impede overall operations.
    Vessels that can pass under the bridge without an opening may do so
at all times. The bridge will be able to open for emergencies and there
is an alternate route for vessels unable to pass through the bridge
when in the closed position.
    The Coast Guard will also inform the users of the waterways through
our Local and Broadcast Notices to Mariners of the change in operating
schedule for the bridge so that vessel operators can arrange their
transits to minimize any impact caused by this temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: April 24, 2017.
C.J. Bisignano,
Supervisory Bridge Management Specialist, First Coast Guard District.
[FR Doc. 2017-09722 Filed 5-12-17; 8:45 am]
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