[Federal Register: October 13, 2006 (Volume 71, Number 198)]
[Notices]
[Page 60554-60557]
[DOCID:fr13oc06-93]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2006-0002]
RIN 1660-ZA12

Privacy Act of 1974; National Disaster Medical System Medical
Professional Credentials System of Records

AGENCY: National Disaster Medical System; Response Division, Federal
Emergency Management Agency, Department of Homeland Security.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974, the Department of
Homeland Security gives notice that the Federal Emergency Management
Agency, Response Division, National Disaster Medical System, is
establishing a new system of records entitled the ``National Disaster
Medical System Medical Professional Credentials System of Records.''
    This system of records will enable the National Disaster Medical
System to have an efficient, centralized method for collecting medical
credentials and verifying continued certification of the credentials of
deployable medical personnel.

DATES: The system of records will be effective November 13, 2006,
unless comments are received that result in a contrary determination.

ADDRESSES: You may submit comments, identified by Docket ID FEMA-2006-
0002, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the instructions for submitting comments;
     E-mail<EMAIL_ADDRESS>Include Docket ID FEMA-2006-
0002 in the subject line of the message;
     Fax:<PHONE_NUMBER> (not a toll-free number); or
     Mail/Hand Delivery/Courier: Rules Docket Clerk, Office of
Chief Counsel, Federal Emergency Management Agency, Room 835, 500 C
Street, SW., Washington, DC 20472; Maureen Cooney, Acting Chief Privacy
Officer, Department of Homeland Security, 601 S. 12th Street,
Arlington, VA 22202.
    Instructions: All submissions received must include the agency name
and Docket ID (if available) for this notice. All comments received
will be posted without change to http://www.regulations.gov, including

any personal information provided.
    Docket: For access to the docket to read background documents or
comments received, go to the Federal eRulemaking Portal at http://www.regulations.gov.
 Submitted comments may also be inspected at FEMA,

Office of Chief Counsel, 500 C Street, SW., Room 835, Washington, DC
20472.

FOR FURTHER INFORMATION CONTACT: Captain Ana Marie Balingit-Wines,
Credentialing Program Manager, FEMA/NDMS, 500 C Street, SW., Suite 713,
Washington, DC 20472, at<PHONE_NUMBER>, for credentialing matters; Jean
Hardin, Attorney, FEMA Office of Chief Counsel, General Law Division,
500 C Street, SW., Room 713 H, Washington, DC 20472, at<PHONE_NUMBER>;
Hugo Teufel III, Chief Privacy Officer, Department of Homeland
Security, 601 S. 12th Street, Arlington, VA 22202-4220, at 571-227-
3813.

SUPPLEMENTARY INFORMATION: The National Disaster Medical System (NDMS),
authorized by 42 U.S.C. 300hh-11(b), has primary responsibility for
providing emergency medical care after a natural or man-made disaster
or in the

event of a public health emergency. NDMS functions as a coordinated
effort by the Department of Homeland Security (DHS)/Federal Emergency
Management Agency (FEMA), Department of Health and Human Services, the
Department of Defense, and the Department of Veterans Affairs, but is
managed by FEMA's Response Division.
    NDMS personnel are composed of medical professionals and allied
health members \1\ who are hired and deployed specifically to provide
medical care in the event of an emergency. NDMS members are activated
and employed as Federal employees not only to provide health care
services, but also health-related social services, family assistance,
and coordination with other assisting agencies. NDMS personnel also
function as appropriate auxiliary service providers for mortuary and
veterinary services to respond to the needs of victims during an
emergency. These individuals are assigned to Disaster Medical
Assistance Teams (DMATS) or other specialty teams that are placed in
various locations throughout the United States.
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    \1\ Allied health professionals/members are employed in those
clinical healthcare professions distinct from the medical, dental,
and nursing profession. As the name implies, they are all allies in
the healthcare team, working together to make the healthcare system
function.
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    To facilitate the continued provision of high quality care to both
people and animals, NDMS collects the information necessary to make
decisions concerning the hiring and retention of these individuals for
disaster relief efforts. In addition, NDMS collects information on
qualified medical professionals who are System Members of the National
Urban Search and Rescue Response System (US&R), which also falls under
the responsibility of FEMA's Response Division.
    To assess qualifications, NDMS asks applicants to complete the
Optional Form (OF) 612 or other standard formats for applications for
Federal employment or status. While the employment forms, like the OF
612 (used to gather information necessary for credentialing) are
currently submitted in paper format, NDMS has developed electronic data
entry forms specifically for credentialing and the forms have been
submitted to the Office of Management and Budget (OMB) for approval.
Information taken from the completed paper applications is transferred
to a database that is maintained by NDMS.
    The information that is collected on the OF 612 or other
application formats, consists of:
     Name (Last, First, Middle), including any other names
known by and when.
     Social Security Number.
     Position Being Applied For.
     Home Address, including street address, City, State, and
Zip Code.
     Home Telephone.
     Cell Phone, if applicable.
     Fax number, if applicable.
     E-mail address, if applicable.
     Current Employer Name, if applicable, or place of
employment.
     Primary Office Address, including street address, City,
State and Zip Code.
     Primary Office Telephone, Fax, or E-mail.
     Place of Birth, City, State, Country other than U.S.
     Citizenship, and if not a citizen, Status and Visa Number.
     Gender.
     Military Service History, if applicable, and copy of DD
214.
     Other Employment History, including name, location, dates,
and contact information.
     Other health care facility affiliations.
     Education Background, including names and dates for all
certificates and diplomas.
     Specialty(ies), including all certificates or other
documentation.
     If certifying Board membership, Board name and address,
and most recent date.
     Certification, date of initial certification and most
recent certification.
     Examinations passed.
     Licenses--include for all States.
     Drug Enforcement Administration Registration Number, if
applicable.
     References, including name, address, phone numbers, and e-
mail addresses.
     Other information, such as criminal history, medical
malpractice action, or other disciplinary action taken against the
applicant, if applicable. (This includes statements from all
malpractice insurance carriers, dating back ten years.)
    This collected information serves as the basis by which hiring
officials can certify the providers' basic qualifications for the jobs
to which they are assigned, as well as to determine the clinical
privileges \2\ designated to specific team members. The verification of
credentials ensures that the medical treatment provided is done by
qualified, licensed, professionals who meet the industry standard.
Credential verification also provides DHS the ability to utilize these
employees in the most effective way possible. Similar information on
US&R medical professionals is included in the database.
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    \2\ Privileges are granted by an institution based on
credentials, skill currency, skill proficiency, and resources
available within the organization. For example, if an individual was
trained in a skill ten years ago but has not practiced that skill
recently, the institution would not allow that skill to be performed
within its facility without demonstrated refresher training.
Privileges are used to ensure providers and institutions are
providing quality care.
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    The Privacy Act (5 U.S.C. 552a) embodies fair information
principles in a statutory framework governing the means by which the
United States Government collects, maintains, uses and disseminates
personally identifiable information. The Act applies to information
that is maintained in a ``system of records.'' A ``system of records''
is a group of any records under the control of an agency from which
information is retrieved by the name of the individual or by some
identifying number, symbol, or other identifying particular assigned to
the individual. The National Disaster Medical System Medical
Professional Credentials File System established by this notice is such
a system of records.
    The Privacy Act requires each agency to publish in the Federal
Register a description of the type and character of each system of
records that the agency maintains, and the routine uses for which such
information may be disseminated and the purpose for which the system is
maintained. The following description is provided for the National
Disaster Medical System Medical Professional Credentials System of
Records. In accordance with 5 U.S.C. 552a(r), notification of the
creation of this record system has been provided to Congress and to
OMB.
DHS/FEMA/NDMS-1

SYSTEM NAME:
    National Disaster Medical System Medical Professional Credentials
System of Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    The database and paper records for this system of records will be
maintained within NDMS offices at FEMA Headquarters, 500 C Street, SW.,
Suite 713, Washington, DC.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system of records covers the following types of medical
professionals and allied health members who apply to the NDMS and US&R:
     Doctors (or physicians).

     Physician's Assistants.
     Dentists.
     Dental Assistants and Hygienists.
     Pharmacists.
     Pharmacy Assistants.
     Nurses--Registered and Licensed Vocational or Licensed
Practical Nurses.
     Nurse's Aides.
     Dietitians.
     Psychologists.
     Paramedics and Emergency Medical Technicians.
     Social Workers.
     Therapists.
     Radiology Technicians.
     Respiratory Therapists.
     Medical Technologists.
     Counselors.
     Optometrists and Opticians.
     Veterinarians.

CATEGORIES OF RECORDS IN THE SYSTEM:
    FEMA will collect medical credential and qualification information
from all medical professionals and allied health members who apply to
the NDMS and US&R. The types of information to be maintained in the
system of records include:
     Name (Last, First, Middle), including any other names
known by and when.
     Social Security number.
     Position Being Applied For.
     Home Address, including street address, City, State, and
Zip Code.
     Home Telephone.
     Cell Phone, if applicable.
     Fax number, if applicable.
     E-mail address, if applicable.
     Current Employer Name, if applicable, or place of
employment.
     Primary Office Address, including street address, City,
State and Zip Code.
     Primary Office Telephone, Fax, or E-mail.
     Place of Birth, City, State, Country other than U.S.
     Citizenship, and if not a citizen, Status and Visa Number.
     Gender.
     Military Service History, if applicable, and copy of DD
214.
     Other Employment History, including name, location, dates,
and contact information.
     Other health care facility affiliations.
     Education Background, including names and dates for all
certificates and diplomas.
     Specialty(ies), including all certificates or other
documentation.
     If certifying Board membership, Board name and address,
and most recent date.
     Certification, date of initial certification and most
recent certification.
     Examinations passed.
     Licenses--include for all States.
     Drug Enforcement Agency Number.
     References, including name, address, phone numbers and e-
mail addresses.
     Other information, such as criminal history, medical
malpractice action, or other disciplinary action taken against the
applicant, if applicable. (This includes statements from all
malpractice insurance carriers, dating back ten years.)
    Copies of actual diplomas, transcripts, licenses, or certificates,
a signed attestation form and a release of information form will also
be requested from the applicants, and, in some cases, certified copies
must be sent from the institution or certifying agency.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The collection of information is based on the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206, the
Homeland Security Act of 2002, Public Law 107-296 (2002), 6 U.S.C. 101,
et seq., and the Health Care Quality Improvement Act of 1986, 42 U.S.C.
11101, et seq. The NDMS Statute, 42 U.S.C. 300hh-11, is the authority
that places NDMS within DHS/FEMA. The National Response Plan, Emergency
Support Function 8, ``Public Health and Medical Services
Annex'' also delineates NDMS responsibilities for providing health care
and coordinating with the Department of Defense, Department of Veterans
Affairs, and Department of Health and Human Services in an emergency
requiring implementation of the National Response Plan.

PURPOSE(S):
    Information is collected on potential and current NDMS medical
providers and US&R medical providers for three primary purposes: Hiring
decisions; certification/recertification; and privileging.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a (b)(3) as follows:
    (A) To a Member of Congress or a Congressional staff member in
response to an inquiry from the Congressional office made at the
request of the individual to whom the records pertain.
    (B) To the Department of Justice (DOJ) or other Federal agency
conducting litigation or in proceedings before any court, adjudicative
or administrative body, when: (1) DHS, or (2) any employee of DHS in
his/her official capacity, or (3) any employee of DHS in his/her
individual capacity where DOJ or DHS has agreed to represent the
employee, or (4) the United States or any agency thereof, is a party to
the litigation or has an interest in such litigation, and DHS
determines that disclosure is relevant and necessary to the litigation.
    (C) To the National Archives and Records Administration (NARA) or
other Federal government agencies pursuant to records management
inspections being conducted under the authority of 44 U.S.C. sections
2904 and 2906.
    (D) To an agency, organization, or individual for the purposes of
performing authorized audit or oversight operations.
    (E) Where a record, either on its face or in conjunction with other
information, indicates a violation or potential violation of law--
criminal, civil or regulatory--the relevant records may be referred to
an appropriate Federal, State, local, or tribal law enforcement
authority or other appropriate agency charged with investigating or
prosecuting such a violation or enforcing or implementing such law.
    (F) To a Federal, State, local and tribal government to help in
identifying and meeting health and medical needs of victims in an
Incident of National Significance.
    (G) To the other Federal agencies with which NDMS coordinates under
the National Response Plan to include the Department of Defense, the
Department of Veterans Affairs, and the Department of Health and Human
Services.
    (H) To credentialing entities, governmental or private, that NDMS
agrees to work with to verify credential information and facilitate
exchange of information for deployment purposes. This includes
entities, such as the National Practitioner Databank, which serves as a
clearinghouse for any derogatory information on medical professionals,
such as revoked licenses or other information that may prevent these
NDMS members from legally performing the medical duties for the
position that they hold.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE
    Paper records from this system are stored in the FEMA Headquarters
Building, NDMS Central Office, at 500

C Street, SW., Suite 713, Washington, DC 20472. The database into which
the information is entered is also maintained within the same office
space. FEMA Headquarters manages data use at all locations where it
will be needed, including all locations where NDMS or US&R members will
be deployed. FEMA has a configuration management process that is used
to share any necessary information in a consistent and secure manner
with all potential users.
    Copies of paper applications as well as information maintained
electronically are stored in a work area that is locked when it is not
staffed. The doors to the work area are kept closed. There is limited
access given to persons who have a need to access the information to
perform their official duties. FEMA computer based records such as
databases or e-mails are stored in database servers secured in a file
server room in another location and backed up nightly.

RETRIEVABILITY:
    Files and automated data are retrievable by name, social security
number, medical profession, geographic area and/or residence of an
applicant or existing NDMS or US&R medical professional employee.

SAFEGUARDS:
    Data access within DHS/FEMA computer systems is determined by the
system administrator staff on a need-to-know basis only. Access is
provided to the online system based upon written authorization of the
NDMS Chief or his designee, and will result in generation of a unique
userID and password. Passwords must be updated on a regular basis based
upon internal FEMA administration requirements. All printouts and paper
records will be marked as ``For Official Use Only'' (FOUO), and will be
maintained within NDMS offices at Headquarters location, 500 C Street,
SW., Suite 713, Washington, DC 20472. The offices containing these
records are locked, with only authorized personnel having unsupervised
access.
    Information is shared internally within DHS only as specified
herein on a need-to-know basis and only for purposes of credentialing
and for oversight of the program.
    FEMA limits the sharing of personal information collected as part
of the NDMS and US&R medical credentialing process to external agencies
on a case-by-case basis. Permission to have the credentialing
information is based upon the ``need to know.'' Once the ``need to
know'' has been established and verified, the information will be
shared. Only those portions of the requested information for which the
``need to know'' has been established will be shared.

RETENTION AND DISPOSAL:
    Records in this system will be retained in accordance with a
schedule approved by NARA for personnel records. Employee files are
retained for a period of 65 years after date of employee's separation
from the Agency, based on NARA General Records Schedule (GRS), Sec. 1,
1(b). The retention schedule for application information for eligible
applicants who are not hired for any reason is delineated in GRS,
Schedule 1, Transmittal No. 12, July 2004, Section 33, part a-t,
``Examining and Certification Records.''

SYSTEM MANAGER(S) AND ADDRESS:
    Chief Medical Officer, National Disaster Medical System (NDMS), 500
C Street, SW., Suite 713, Washington, DC 20472.

NOTIFICATION PROCEDURE:
    Requests for Privacy Act protected information must conform with
DHS regulations found at 6 CFR Part 5 and FEMA's regulations at 44 CFR
Part 6. They must be made in writing, and clearly marked as a ``Privacy
Act Request'' on the envelope and letter. Inquiries should be addressed
to FEMA--Records Management Division, 500 C Street, SW., Washington, DC
20472. Requests may also be sent to: Privacy Act Officer, DHS/FEMA
Office of Chief Counsel (OGC), General Law Division, Room 518, 500 C
Street, SW., Washington, DC 20472.

RECORD ACCESS PROCEDURES:
    Same as the Notification Procedure above.

CONTESTING RECORD PROCEDURE:
    Same as the Notification Procedure above. The letter should state
clearly and concisely the information contested, the reasons for
contesting it, and the proposed amendment to the information that is
sought pursuant to DHS Privacy Act regulations at 6 CFR Part 5 and FEMA
regulations at 44 CFR Part 6.

RECORD SOURCE CATEGORIES:
     Applicants for NDMS health care related jobs and US&R
status requiring specific credentials.
     Current NDMS medical professionals requiring updated
credential verification and privileging.
     State and local licensing boards.
     Educational institutions.
     Sources of information on which to base credentialing
decisions for NDMS medical professionals--such as the National
Practitioner Databank.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

    Dated: October 2, 2006.
Hugo Teufel III,
Chief Privacy Officer.
[FR Doc. E6-16671 Filed 10-12-06; 8:45 am]

BILLING CODE 4400-10-P


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[Federal Register Volume 86, Number 81 (Thursday, April 29, 2021)]
[Notices]
[Pages 22750-22753]
[FR Doc No: 2021-08906]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91664; File No. SR-NASDAQ-2021-028]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Permit Monday and Wednesday Expirations for Options Listed Pursuant to
the Short Term Option Series Program on the Invesco QQQ Trust\SM\
Series (``QQQ'') ETF Trust

April 23, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 22, 2021, The Nasdaq Stock Market LLC (``Nasdaq'' 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 permit Monday and Wednesday expirations
for options listed pursuant to the Short Term Option Series Program on
the Invesco QQQ Trust\SM\ Series (``QQQ'') ETF Trust.
    The text of the proposed rule change is available on the Exchange's
website at https://listingcenter.nasdaq.com/rulebook/nasdaq/rules, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the Exchange included statements

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

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

1. Purpose
    The Exchange proposes to amend The Nasdaq Options Market LLC
(``NOM'') rules at Options 4, Section 5 at Supplementary Material .03
to permit Monday and Wednesday expirations for options listed pursuant
to the Short Term Option Series Program (``Program'') on QQQ. This
proposal is identical to a proposal by Nasdaq PHLX LLC (``Phlx'') that
was recently approved by the Commission.\3\
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    \3\ See Securities Exchange Act. [sic] 91614 (April 20, 2021)
(SR-Phlx-2021-10) (Order Approving a Proposed Rule Change to Permit
Monday and Wednesday Expirations for Options Listed Pursuant to the
Short Term Options Program on the Invesco QQQ Trust\SM\ Series ETF
Trust).
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    A Short Term Option Series means a series in an option class that
is approved for listing and trading on the Exchange in which the series
is opened for trading on any Monday, Tuesday, Wednesday, Thursday or
Friday that is a business day and that expires on the Monday, Wednesday
or Friday of the next business week, or, in the case of a series that
is listed on a Friday and expires on a Monday, is listed one business
week and one business day prior to that expiration.\4\ The Exchange is
proposing to amend NOM Options 4, Section 5 at Supplementary Material
.03 to permit the listing of options series that expire on Mondays and
Wednesdays in QQQ.
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    \4\ Options 1, Section 1(a)(57) provides the term ``Short Term
Option Series'' means a series in an option class that is approved
for listing and trading on the Exchange in which the series is
opened for trading on any Monday, Tuesday, Wednesday, Thursday or
Friday that is a business day and that expires on the Monday,
Wednesday or Friday of the next business week, or, in the case of a
series that is listed on a Friday and expires on a Monday, is listed
one business week and one business day prior to that expiration. If
a Tuesday, Wednesday, Thursday or Friday is not a business day, the
series may be opened (or shall expire) on the first business day
immediately prior to that Tuesday, Wednesday, Thursday or Friday,
respectively. For a series listed pursuant to this section for
Monday expiration, if a Monday is not a business day, the series
shall expire on the first business day immediately following that
Monday.
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Monday Expirations
    As proposed, with respect to Monday QQQ Expirations within
Supplementary Material .03 to Options 4, Section 5, the Exchange may
open for trading on any Friday or Monday that is a business day series
of options on QQQ to expire on any Monday of the month that is a
business day and is not a Monday in which Quarterly Options Series on
the same class expire (``Monday QQQ Expirations''), provided that
Monday QQQ Expirations that are listed on a Friday must be listed at
least one business week and one business day prior to the expiration.
The Exchange may list up to five consecutive Monday QQQ Expirations at
one time; the Exchange may have no more than a total of five Monday QQQ
Expirations.
Wednesday Expirations
    As proposed, with respect to Wednesday QQQ Expirations within
Supplementary Material .03 to Options 4, Section 5, the Exchange may
open for trading on any Tuesday or Wednesday that is a business day
series of options on QQQ to expire on any Wednesday of the month that
is a business day and is not a Wednesday in which Quarterly Options
Series on the same class expire (``Wednesday QQQ Expirations''). The
Exchange may list up to five consecutive Wednesday QQQ Expirations at
one time; the Exchange may have no more than a total of five Wednesday
QQQ Expirations.
Monday and Wednesday Expirations
    The interval between strike prices for the proposed Monday and
Wednesday QQQ Expirations will be the same as those for the current
Short Term Option Series for Wednesday and Friday expirations
applicable to the Program.\5\ Specifically, the Monday and Wednesday
QQQ Expirations will have a $0.50 strike interval minimum.\6\ As is the
case with other equity options series listed pursuant to the Program,
the Monday and Wednesday QQQ Expiration series will be P.M.-settled.
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    \5\ See Supplementary Material .03(e) to Options 4, Section 5.
    \6\ Id.
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    Pursuant to Options 1, Section 1(a)(57), with respect to the
Program, if Monday is not a business day the series shall expire on the
first business day immediately following that Monday. This procedure
differs from the expiration date of Wednesday expiration series that
are scheduled to expire on a holiday. Pursuant to Options 1, Section
1(a)(57) a Wednesday expiration series shall expire on the first
business day immediately prior to that Wednesday, e.g., Tuesday of that
week, if the Wednesday is not a business day. For purposes of QQQ,
however, the Exchange believes that it is preferable to require Monday
expiration series in this scenario to expire on the Tuesday of that
week rather than the previous business day, e.g., the previous Friday,
since the Tuesday is closer in time to the scheduled expiration date of
the series than the previous Friday, and therefore may be more
representative of anticipated market conditions. Monday SPY expirations
are treated in this manner today.\7\ Cboe Exchange, Inc. (``Cboe'')
uses the same procedure for options on the S&P 500 index (``SPX'') with
Monday expirations that are listed pursuant to its Nonstandard
Expirations Pilot Program and that are scheduled to expire on a
holiday.\8\ Also, Nasdaq Phlx LLC (``Phlx'') \9\ and Nasdaq ISE, LLC
(``ISE'') \10\ use the same procedure for options on the Nasdaq-
100[supreg] (``NDX'') with Monday expirations that are listed pursuant
to its Nonstandard Expirations Pilot Programs, respectively.
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    \7\ See Supplementary Material .03 at Options 4, Section 5.
    \8\ See Cboe Rule 4.13(e)(1) ``. . . If the Exchange is not open
for business on a respective Monday, the normally Monday expiring
Weekly Expirations will expire on the following business day. If the
Exchange is not open for business on a respective Wednesday or
Friday, the normally Wednesday or Friday expiring Weekly Expirations
will expire on the previous business day.''
    \9\ See Phlx Options 4A, Section 12(b)(5).
    \10\ See ISE Supplementary Material .07 to Options 4A, Section
12.
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    Currently, for each option class eligible for participation in the
Program, the Exchange is limited to opening thirty (30) series for each
expiration date for the specific class.\11\ The thirty (30) series
restriction does not include series that are open by other securities
exchanges under their respective short term option rules; the Exchange
may list these additional series that are listed by other
exchanges.\12\ This thirty (30) series restriction would apply to
Monday and Wednesday QQQ Expiration series as well. In addition, the
Exchange will be able to list series that are listed by other
exchanges, assuming they file similar rules with the Commission to list
QQQ options expiring on Mondays and Wednesdays.
---------------------------------------------------------------------------

    \11\ See Supplementary Material .03(a) to Options 4, Section 5.
    \12\ Id.
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    Finally, the Exchange is amending Supplementary Material .03(b) to
Options 4, Section 5, which addresses the listing of Short Term Options
Series that expire in the same week as monthly or quarterly options
series. Currently, that rule states that no Short Term Option Series
may expire in the same

week in which monthly option series on the same class expire (with the
exception of Monday and Wednesday SPY Expirations) or, in the case of
Quarterly Options Series, on an expiration that coincides with an
expiration of Quarterly Option Series on the same class.\13\ As with
Monday and Wednesday SPY Expirations, the Exchange is proposing to
permit Monday and Wednesday QQQ Expirations to expire in the same week
as monthly options series on the same class. The Exchange believes that
it is reasonable to extend this exemption to Monday and Wednesday QQQ
Expirations because Monday and Wednesday QQQ Expirations and standard
monthly options will not expire on the same trading day, as standard
monthly options expire on Fridays. Additionally, the Exchange believes
that not listing Monday and Wednesday QQQ Expirations for one week
every month because there was a monthly QQQ expiration on the Friday of
that week would create investor confusion.
---------------------------------------------------------------------------

    \13\ See current Supplementary Material .03(b) to Options 4,
Section 5.
---------------------------------------------------------------------------

    The Exchange does not believe that any market disruptions will be
encountered with the introduction of P.M.-settled Monday and Wednesday
QQQ expirations. The Exchange has the necessary capacity and
surveillance programs in place to support and properly monitor trading
in the proposed Monday and Wednesday QQQ Expirations. The Exchange
currently trades P.M.-settled Short Term Option Series that expire
Monday and Wednesday for SPY and has not experienced any market
disruptions nor issues with capacity. Today, the Exchange has
surveillance programs in place to support and properly monitor trading
in Short Term Option Series that expire Monday and Wednesday for SPY.
    Similar to SPY, the introduction of QQQ Monday and Wednesday
expirations will, among other things, expand hedging tools available to
market participants and continue the reduction of the premium cost of
buying protection. The Exchange believes that Monday and Wednesday QQQ
expirations will allow market participants to purchase QQQ based on
their timing as needed and allow them to tailor their investment and
hedging needs more effectively.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\14\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\15\ in particular, in that it
is designed 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 by providing the investing public and
other market participants more flexibility to closely tailor their
investment and hedging decisions in QQQ options, thus allowing them to
better manage their risk exposure.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the Exchange believes the Program has been
successful to date and that Monday and Wednesday QQQ Expirations should
simply expand the ability of investors to hedge risk against market
movements stemming from economic releases or market events that occur
throughout the month in the same way that the Program has expanded the
landscape of hedging. Similarly, the Exchange believes Monday and
Wednesday QQQ Expirations should create greater trading and hedging
opportunities and flexibility, and will provide customers with the
ability to tailor their investment objectives more effectively. NOM
currently lists Monday and Wednesday SPY Expirations.\16\ Also, Cboe
\17\ currently permits Monday and Wednesday expirations for other
options with a weekly expiration, such as options on the SPX pursuant
to its Nonstandard Expirations Pilot Program and Phlx \18\ and ISE \19\
currently permit Monday and Wednesday expirations for other options
with a weekly expiration on NDX pursuant to its Nonstandard Expirations
Pilot Programs, respectively.
---------------------------------------------------------------------------

    \16\ See Supplementary Material .03 at Options 4, Section 5.
    \17\ See supra note 8.
    \18\ See supra note 9.
    \19\ See supra note 10.
---------------------------------------------------------------------------

    With the exception of Monday expiration series that are scheduled
to expire on a holiday, there are no material differences in the
treatment of Monday and Wednesday QQQ expirations for Short Term Option
Series. The Exchange believes that it is consistent with the Act to
treat Monday expiration series that expire on a holiday differently
than Wednesday or Friday expiration series, since the proposed
treatment for Monday expiration series will result in an expiration
date that is closer in time to the scheduled expiration date of the
series, and therefore may be more representative of anticipated market
conditions. Monday SPY expirations are treated in this manner
today.\20\ Cboe \21\ uses the same procedure for SPX options with
Monday expirations that are listed pursuant to its Nonstandard
Expirations Pilot Program and that are scheduled to expire on a
holiday, as do Phlx \22\ and ISE \23\ for NDX options with Monday
expirations that are listed pursuant to their Nonstandard Expirations
Pilot Programs, respectively.
---------------------------------------------------------------------------

    \20\ See Supplementary Material .03 at Options 4, Section 5.
    \21\ See supra note 8.
    \22\ See supra note 9.
    \23\ See supra note 10.
---------------------------------------------------------------------------

    Given the similarities between Monday and Wednesday SPY Expirations
and the proposed Monday and Wednesday QQQ Expirations, the Exchange
believes that applying the provisions in Supplementary Material .03 to
Options 4, Section 5 that currently apply to Monday and Wednesday SPY
Expirations to Monday and Wednesday QQQ Expirations is justified. For
example, the Exchange believes that allowing Monday and Wednesday QQQ
Expirations and monthly QQQ expirations in the same week will benefit
investors and minimize investor confusion by providing Monday and
Wednesday QQQ Expirations in a continuous and uniform manner. The
Exchange also believes that it is appropriate to amend Supplementary
Material .03(b) to Options 4, Section 5 to clarify that no Short Term
Option Series may expire on the same day as an expiration of Quarterly
Option Series on the same class, same as SPY.
    The Exchange represents that it has an adequate surveillance
program in place to detect manipulative trading in Monday and Wednesday
expirations, including Monday and Wednesday QQQ Expirations, in the
same way that it monitors trading in the current Short Term Option
Series and trading in Monday and Wednesday SPY Expirations. The
Exchange also represents that it has the necessary systems capacity to
support the new options series. Finally, the Exchange does not believe
that any market disruptions will be encountered with the introduction
of Monday and Wednesday QQQ expirations.

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 that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange notes that
having Monday and Wednesday QQQ expirations is not a

novel proposal, as Monday and Wednesday SPY Expirations are currently
listed on NOM.\24\ Cboe \25\ uses the same procedure for SPX options
with Monday expirations that are listed pursuant to its Nonstandard
Expirations Pilot Program and that are scheduled to expire on a
holiday, as do Phlx \26\ and ISE \27\ for NDX options with Monday
expirations that are listed pursuant to their Nonstandard Expirations
Pilot Programs, respectively.
---------------------------------------------------------------------------

    \24\ See Supplementary Material .03 at Options 4, Section 5.
    \25\ See supra note 8.
    \26\ See supra note 9.
    \27\ See supra note 10.
---------------------------------------------------------------------------

    The Exchange does not believe the proposal will impose any burden
on intra-market competition, as all market participants will be treated
in the same manner under this proposal. Additionally, the Exchange does
not believe the proposal will impose any burden on inter-market
competition, as nothing prevents the other options exchanges from
proposing similar rules to list and trade Short-Term Option Series with
Monday and Wednesday expirations.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \28\ and Rule 19b-
4(f)(6) thereunder.\29\
---------------------------------------------------------------------------

    \28\ 15 U.S.C. 78s(b)(3)(A).
    \29\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act normally does not become operative for 30 days after the date of
its filing. However, Rule 19b-4(f)(6)(iii) \30\ permits the Commission
to designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has
requested that the Commission waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The
Commission notes that it recently approved Phlx's substantially similar
proposal to list and trade Monday QQQ Expirations and Wednesday QQQ
Expirations.\31\ The Exchange has stated that waiver of the operative
delay will permit the Exchange to immediately amend Nasdaq Options 4,
Section 5 at Supplementary Material .03 to permit the Exchange to offer
Monday and Wednesday expirations for options listed pursuant to the
Program on QQQ similar to Phlx. For these reasons, the Commission
believes that the proposed rule change presents no novel issues and
that waiver of the 30-day operative delay is consistent with the
protection of investors and the public interest, and will allow the
Exchange to remain competitive with other exchanges. Accordingly, the
Commission hereby waives the operative delay and designates the
proposed rule change operative upon filing.\32\
---------------------------------------------------------------------------

    \30\ 17 CFR 240.19b-4(f)(6)(iii).
    \31\ See Securities Exchange Act Release No. 91614 (April 20,
2021).
    \32\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2021-028 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2021-028. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NASDAQ-2021-028 and should be submitted
on or before May 20, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\33\
---------------------------------------------------------------------------

    \33\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-08906 Filed 4-28-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Rules and Regulations]
[Pages 15607-15609]
[FR Doc No: 2023-05090]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1585; Project Identifier MCAI-2022-00892-T;
Amendment 39-22365; AD 2023-04-18]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-03-
11, which applied to all Dassault Aviation Model FALCON 2000 airplanes.
AD 2021-03-11 required revising the existing maintenance or inspection
program, as applicable, to incorporate new or more restrictive
airworthiness limitations. This AD was prompted by a determination that
new or more restrictive airworthiness limitations are necessary. This
AD continues to require the actions in AD 2021-03-11, and also requires
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective April 18, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 18,
2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of March
31, 2021 (86 FR 11116, February 24, 2021).

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1585; 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 mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For material incorporated by reference in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu.
     You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2022-1585.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2021-03-11, Amendment 39-21414 (86 FR
11116, February 24, 2021) (AD 2021-03-11). AD 2021-03-11 applied to all
Dassault Aviation Model FALCON 2000 airplanes. AD 2021-03-11 required
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. The
FAA issued AD 2021-03-11 to address reduced controllability of the
airplane. AD 2021-03-11 specified that accomplishing the revision
required by that AD terminates all requirements of AD 2010-26-05,
Amendment 39-16544 (75 FR 79952, December 21, 2010) (AD 2010-26-05) for
Model FALCON 2000 airplanes only. This AD therefore continues allowing
that termination.
    The NPRM published in the Federal Register on December 19, 2022 (87
FR 77532). The NPRM was prompted by AD 2022-0135, dated July 6, 2022,
issued by EASA, which is the Technical Agent for the Member States of
the European Union (EASA AD 2022-0135) (referred to after this as the
MCAI). The MCAI states that new or more restrictive airworthiness
limitations have been developed.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1585.
    In the NPRM, the FAA proposed to continue to require the actions in
AD 2021-03-11 and to require revising the existing maintenance or
inspection program, as applicable, to incorporate additional new or
more restrictive airworthiness limitations, as specified in EASA AD
2022-0135. The FAA is issuing this AD to address reduced
controllability of the airplane.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of
the cost to the public.

Additional Changes Made to This AD

    The FAA has revised paragraphs (h)(2) and (3) of this AD to clarify
that the compliance time is ``within 90 days after March 31, 2021 (the
effective date of AD 2021-03-11).'' In the NPRM, the FAA inadvertently
specified a compliance time of ``within 90 days after the effective
date of this AD.'' However, paragraphs (h)(2) and (3) of this AD are
retained requirements from AD 2021-03-11, and the compliance time
should be correlated to AD 2021-03-11 to clarify that these are not new
requirements in this AD.

Conclusion

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data and determined
that air safety requires adopting this AD as proposed. Accordingly, the
FAA is issuing this AD to address the unsafe condition on this product.
Except for minor editorial changes, and any other changes described
previously, this AD is adopted as proposed in the NPRM. None of the
changes will increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0135 specifies new or more restrictive airworthiness
limitations for airplane structures and safe life limits.
    This AD also requires EASA AD 2020-0113, dated May 20, 2020, which
the Director of the Federal Register approved for incorporation by
reference as of March 31, 2021 (86 FR 11116, February 24, 2021).
    This material 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.

Costs of Compliance

    The FAA estimates that this AD affects 168 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained
actions from AD 2021-03-11 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. In the past, the agency has estimated that this action
takes 1 work-hour per airplane. Since operators incorporate maintenance
or inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate.
    The FAA estimates the total cost per operator for the new actions
to be $7,650 (90 work-hours x $85 per work-hour).

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 above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) 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 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:
0
a. Removing Airworthiness Directive (AD) 2021-03-11, Amendment 39-21414
(86 FR 11116, February 24, 2021); and
0
b. Adding the following new AD:

2023-04-18 Dassault Aviation: Amendment 39-22365; Docket No. FAA-
2022-1585; Project Identifier MCAI-2022-00892-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 18, 2023.

 (b) Affected ADs

    (1) This AD replaces AD 2021-03-11, Amendment 39-21414 (86 FR
11116, February 24, 2021) (AD 2021-03-11).
    (2) This AD affects AD 2010-26-05, Amendment 39-16544 (75 FR
79952, December 21, 2010) (AD 2010-26-05).

(c) Applicability

    This AD applies to all Dassault Aviation Model FALCON 2000
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address reduced controllability of the airplane.

(f) Compliance

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

(g) Retained Revision of the Existing Maintenance or Inspection
Program, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD
2021-03-11, with no changes. Except as specified in paragraph (h) of
this AD: Comply with all required actions and compliance times
specified in, and in accordance with, European Union Aviation Safety
Agency (EASA) AD 2020-0113, dated May 20, 2020 (EASA AD 2020-0113).
Accomplishing the revision of the existing maintenance or inspection
program required by paragraph (j) of this AD terminates the
requirements of this paragraph.

(h) Retained Exceptions to EASA AD 2020-0113, With No Changes

    This paragraph restates the exceptions specified in paragraph
(j) of AD 2021-03-11, with no changes.
    (1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0113 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2020-0113 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, to incorporate the ``limitations, tasks and
associated thresholds and intervals'' specified in paragraph (3) of
EASA AD 2020-0113 within 90 days after March 31, 2021 (the effective
date of AD 2021-03-11).
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2020-0113 is at the applicable ``associated
thresholds'' specified in paragraph (3) of EASA AD 2020-0113, or
within 90 days after March 31, 2021 (the effective date of AD 2021-
03-11), whichever occurs later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2020-0113 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0113 does not apply
to this AD.

(i) Retained No Alternative Actions or Intervals With a New Exception

    This paragraph restates the requirements of paragraph (k) of AD
2021-03-11, with a new exception. Except as required by paragraph
(j) of this AD, after the existing maintenance or inspection program
has been revised as required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) or intervals may be used
unless they are approved as specified in the provisions of the
``Ref. Publications'' section of EASA AD 2020-0113.

(j) New Maintenance or Inspection Program Revision

    Except as specified in paragraph (k) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2022-0135, dated July 6, 2022 (EASA AD
2022-0135). Accomplishing the maintenance or inspection program
revision required by this paragraph terminates the requirements of
paragraph (g) of this AD.

(k) Exceptions to EASA AD 2022-0135

    (1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2022-0135 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2022-0135 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2022-0135 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2022-0135, or within 90
days after the effective date of this AD, whichever occurs later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2022-0135 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2022-0135 does not apply
to this AD.

(l) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections), and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2022-0135.

(m) Terminating Action for AD 2010-26-05

    Accomplishing the actions required by paragraph (g) or (j) of
this AD terminates the requirements of paragraph (g) of AD 2010-26-
05 for Model FALCON 2000 airplanes only.

(n) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): 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 responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (o) of this AD. Information may be emailed to: [email protected].
    Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Dassault Aviation's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(o) Additional Information

    For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
206-231-3226; email [email protected].

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
April 18, 2023.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0135,
dated July 6, 2022.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on
March 31, 2021 (86 FR 11116, February 24, 2021).
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0113,
dated May 20, 2020.
    (ii) [Reserved]
    (5) For EASA ADs 2022-0135 and 2020-0113, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000;
email [email protected]; website easa.europa.eu. You may find these
EASA ADs on the EASA website at ad.easa.europa.eu.
    (6) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (7) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 25, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-05090 Filed 3-13-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Pages 1687-1688]
[FR Doc No: 2012-343]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2011-0986; FRL-9617-1]

EPA Workshops on Achieving Water Quality Through Integrated
Municipal Stormwater and Wastewater Plans Under the Clean Water Act
(CWA)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency is holding a series of
workshops to solicit the individual views of stakeholders on the use of
integrated municipal stormwater and wastewater plans to meet the water
quality objectives of the CWA. The workshops are intended to assist EPA
in developing an integrated planning approach framework that could be
used to help municipalities prioritize their infrastructure investments
in order to maximize water quality benefits and consider various
innovative approaches, such as green infrastructure, that may be more
sustainable. The workshops will include a facilitated discussion with
representatives of organizations that represent elected local
officials, publicly owned treatment works (POTW), municipal stormwater
managers, state NPDES permitting and enforcement authorities, and
environmental advocacy groups. EPA invites other interested members of
the public to observe the workshops and to offer verbal comments at
designated times during the workshops.
    In addition to submitting information at the listening sessions,
the public may also provide input to the Agency through email, fax or
mail.

DATES: EPA is asking for statements and input from the interested
public on or before February 29, 2012. The dates for the workshops are
provided below.

ADDRESSES: Submit your statements or input, identified by Docket ID No.
EPA-HQ-OW-2011-0986, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting input.
     Email<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-
OW-2011-0986.
     Fax:<PHONE_NUMBER>.
     Mail: Water Docket, U.S. Environmental Protection Agency,
Mail code: 4203M, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
Attention Docket ID No. EPA-HQ-OW-2011-0986.
     Hand Delivery: Water Docket, EPA Docket Center, EPA West
Building Room 3334, 1301 Constitution Ave. NW., Washington, DC,
Attention Docket ID No. EPA-HQ-OW-2011-0986. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your input to Docket ID No. EPA-HQ-OW-2011-
0986. EPA's policy is that all input received will be included in the
public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the input 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 www.regulations.gov or email. The
www.regulations.gov Web site 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 input. If you send an email with input
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
input that is placed in the public docket and made available on the
Internet. If you submit an electronic input, EPA recommends that you
include your name and other contact information in the body of your
input and with any disk or CD-ROM you submit. If EPA cannot read your
input due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your input. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: For further information about this
notice, contact Kevin Weiss, EPA Headquarters, Office of Water, Office
of Wastewater Management at tel.:<PHONE_NUMBER> or email:
<EMAIL_ADDRESS>    Workshop Dates and Addresses: The workshops will be held on the
following dates at the listed locations:
     January 31, 2012, 10 a.m. to 3 p.m. at EPA Region 4
Office, 61 Forsyth Street SW., Atlanta, GA 30303;
     February 6, 2012, 10 a.m. to 3 p.m. at EPA Region 2
Office, 290 Broadway, New York, NY 10007-1866;
     February 13, 2012, 10 a.m. to 3 p.m. at EPA Region 10
Office, 1200 Sixth Avenue Seattle, WA 98101;
     February 15, 2012, 10 a.m. to 3 p.m. at EPA Region 7
Office, 901 N. 5th Street Kansas City, KS 66101; and
     February 17, 2012, 10 a.m. to 3 p.m. at EPA Region 5
Office, 77 West Jackson Boulevard Chicago, IL 60604-3507.
    If you plan to participate in a workshop as an observer, whether or
not you plan to make verbal comments, EPA requests that you preregister
by January 20, 2012 at http://www.epa.gov/npdes/integratedplans.

SUPPLEMENTARY INFORMATION:

I. Background

    Since the passage of the CWA, great progress has been made toward
restoring the nation's waters. Many more streams, rivers and bays are
fishable and swimmable than 40 years ago. During this time, the overall
number of people served by municipal wastewater treatment facilities
that either do not discharge or provide at least secondary treatment
increased from 84.1 million in 1972 to 222.5 million in 2008. In
addition, many municipalities have begun to make significant
investments in advanced treatment, controlling combined sewer overflows
(CSOs) and sanitary sewer overflows (SSOs) and are beginning to address
water quality problems associated with stormwater.
    While significant progress has been made in reducing pollutant
discharges, much work remains to be done to restore impaired waters.
The challenges municipalities face in making additional water quality
improvements are particularly complex. Providing advanced treatment for
nutrients and controlling combined sewer overflows (CSOs), sanitary
sewer overflows

(SSOs), and stormwater can present difficult and expensive engineering
challenges. Population growth, aging infrastructure, and the current
economic challenges are stressing many municipalities that are
implementing CWA programs. Many state and local governments face
difficult financial conditions. Their ability to finance improvements
by raising revenues or issuing bonds has been significantly impacted
during the ongoing economic recovery. EPA is committed to work with
States and municipalities to improve how CWA programs are implemented
to ensure continued progress in public health and environmental
protection.
    EPA believes that integrated planning can better meet America's
clean water objectives, create jobs and strengthen our economy by
offering municipalities an opportunity to meet their CWA requirements
in a more cost-effective manner. To encourage integrated planning
efforts, on October 27, 2011, EPA's Office of Water and Office of
Enforcement Compliance and Assurance issued a joint memorandum to the
EPA Regions that expresses the Agency's commitment to and support for
integrated approaches to municipal stormwater and wastewater
management. The integrated approach provides interested municipalities
with an opportunity to develop a comprehensive plan that balances
competing CWA requirements and allows municipalities to focus their
resources on the most pressing public health and environmental
protection issues first. The integrated approach is voluntary and the
responsibility to develop an integrated plan rests with municipalities.
    The integrated planning approach maintains existing regulatory
standards for the protection of public health and water quality. The
approach takes advantage of the flexibilities in existing EPA
regulations, policies and guidance to allow municipalities to sequence
implementation of their CWA obligations to focus on the highest
priorities first. EPA and/or the State will work with municipalities
who are interested in this concept to develop appropriate requirements
and schedules.
    As part of the integrated approach, EPA encourages municipalities
to pursue more innovative approaches such as green infrastructure
technologies and asset management or similar utility-wide planning
approaches. EPA has strongly encouraged these innovative approaches for
several years. Many cities and communities have implemented green
infrastructure approaches and are starting to see that the value of
such projects goes beyond protecting water resources. In addition to
improving water quality, green infrastructure also makes communities
more livable by providing opportunities for greenways and multiuse
recreational areas, improves property values, saves energy and creates
green jobs. On April 29, 2011, EPA released the Strategic Agenda to
Protect Waters and Build More Livable Communities Through Green
Infrastructure. The Strategic Agenda outlines activities that EPA is
taking to help communities implement green infrastructure approaches.
This Strategy is intended to advance the wider use of green
infrastructure within the regulatory and enforcement contexts through
improvements in outreach and information exchange, financing, and tool
development and capacity building. EPA continues to work closely with
State and local governments to incorporate green infrastructure
approaches within permits and enforcement actions.

II. Purpose of the Workshops on Integrated Municipal Stormwater and
Wastewater Plans

    In conjunction with the October 27, 2011 memorandum, EPA is
developing a framework document that will more fully describe the
integrated planning concept that could be used to help EPA work with
State and local governments toward providing for cost-effective,
integrated solutions to multiple causes of water pollution. The Agency
anticipates that the framework document will identify and clarify
overarching principles that EPA and states will use in working with
municipalities to implement an integrated approach as well as guiding
principles that EPA recommends municipalities use in the development of
their integrated plans. The framework document will identify the key
elements that EPA anticipates will be in an effective integrated plan.
The framework will also discuss the appropriate roles of permit and
enforcement authorities in addressing the regulatory requirements
identified in the plan.
    EPA will hold five workshops to discuss a draft of the integrated
planning framework. The workshops will be facilitated discussions with
individuals from a range of stakeholder groups to assist EPA in
developing the framework through gaining better understanding of their
individual perspectives. EPA is not seeking group recommendations, but
rather seeks to hear from individuals with different perspectives.
Prior to these meetings, EPA will post a draft of the framework
document at http://www.epa.gov/npdes/integratedplans. The draft
framework posted on EPA's Web site will be updated as appropriate.

III. Participation in the Workshop

    Members of the public are welcome to participate as observers in
the workshop. The agenda will be structured to invite specific verbal
comments from observers on key issues. If you plan to participate as an
observer at the workshop, whether or not you plan to make verbal
comments, in order that EPA may properly anticipate the correct number
of people, EPA requests that you preregister by January 20, 2012 at
http://www.epa.gov/npdes/integratedplans.

    Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: January 3, 2012.
Nancy K. Stoner,
Acting Assistant Administrator, Office of Water.
[FR Doc. 2012-343 Filed 1-10-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 53 (Wednesday, March 18, 2020)]
[Rules and Regulations]
[Pages 15384-15386]
[FR Doc No: 2020-05533]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0165]
RIN 1625-AA00

Safety Zone, Atlantic Intracoastal Waterway, Camp Lejeune, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Atlantic Intracoastal Waterway at Camp Lejeune, North Carolina in
support of military training exercises. This temporary safety zone is
intended to restrict vessel traffic from a portion of the Atlantic
Intracoastal Waterway between Mile Hammock Bay and

Onslow Beach Swing Bridge during military training operations. This
action is intended to restrict vessel traffic on the Atlantic
Intracoastal Waterway to protect mariners and training exercise
participants from the hazards associated with military training
operations. Entry of vessels or persons into this safety zone is
prohibited unless specifically authorized by the Captain of the Port
(COTP) North Carolina or designated representative.

DATES: This rule is effective from 6:00 a.m. on March 18, 2020, through
8:00 p.m. on March 19, 2020.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0165 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,
contact Petty Officer Matthew Tyson, Waterways Management Division,
U.S. Coast Guard Sector North Carolina, Wilmington, NC; telephone:
(910) 772-2221, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
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 the Coast Guard was notified of the
final details of the military training exercise on March 9, 2020. The
Coast Guard must take immediate action to protect mariners and training
exercise participants from the hazards associated with military
training operations. It is impracticable and contrary to the public
interest to publish an NPRM because a final rule needs to be in place
by March 18, 2020, to minimize potential danger to mariners and
training exercise participants.
    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 and contrary to public interest
because immediate action is needed to protect mariners and training
exercise participants from the hazards associated with military
training operations beginning on March 18, 2020.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP North Carolina has
determined that there are potential hazards associated with military
training operations on the Atlantic Intracoastal Waterway at Camp
Lejeune, North Carolina. This rule is necessary to protect safety of
life from the potential hazards associated with military training
operations.

IV. Discussion of the Rule

    This rule establishes a safety zone from 6:00 a.m. on March 18,
2020, through 8:00 p.m. on March 19, 2020. The safety zone will include
all navigable waters of the Atlantic Intracoastal Waterway from Mile
Hammock Bay, approximate position 34[deg]33'00'' N, 077[deg]19'38'' W,
to Onslow Beach Swing Bridge, approximate position 34[deg]34'23'' N,
077[deg]16'19'' W (NAD 1983). Part of the military training operations
involves assembling a temporary bridge from shore to shore, completely
blocking the navigable channel. To help facilitate commercial and
recreational traffic, if vessels are waiting to transit, then the
waterway will open every two hours to allow vessels to pass through the
zone. On-scene safety personnel will direct vessels when it is safe to
pass through the zone. The duration of this zone is intended to protect
mariners from the hazards associated with military training operations.
No vessel or person will be permitted to enter the safety zone unless
specifically authorized by the Captain of the Port North Carolina 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, and duration of the safety zone. The 38-hour regulation
enforcement should not overly burden vessel traffic based on the short
duration of the period and allows for vessels to pass through the zone
every two hours if needed. This safety zone will only impact a small
portion of the Atlantic Intracoastal Waterway at Camp Lejeune, NC and
vessel traffic is expected to be low at this time of year. The Coast
Guard will transmit a Broadcast Notice to Mariners via VHF-FM marine
channel 16 regarding the safety zone. Vessels are prohibited from
entering the safety zone unless specifically authorized by the Captain
of the Port North Carolina or a designated representative.

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 call or
email 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.

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, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have 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
involves a safety zone lasting 38 hours that will prohibit entry into a
portion of the Atlantic Intracoastal Waterway at Camp Lejeune, NC. It
is categorically excluded from further review under paragraph L(60)a of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.

G. Protest Activities

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

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.T05-0165 to read as follows:

Sec.  165.T05-0165  Safety Zone; Atlantic Intracoastal Waterway, Camp
Lejeune, NC.

    (a) Location. The following area is a safety zone: All navigable
waters of the Atlantic Intracoastal Waterway between Mile Hammock Bay,
approximate position 34[deg]33'00'' N, 77[deg]19'38'' W, to Onslow
Beach Swing Bridge approximate position 34[deg]34'24'' N,
77[deg]16'19'' W (NAD 1983) at Camp Lejeune, NC.
    (b) Definitions. As used in this section--
    Captain of the Port means the Commander, Sector North Carolina.
    Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard commissioned, warrant, or petty officer
designated by the Captain of the Port North Carolina (COTP) for the
enforcement of the safety zone.
    Training exercise participants means persons and vessels involved
in military training operations.
    (c) Regulations. (1) The general regulations governing safety zones
in Sec.  165.23 apply to the area described in paragraph (a) of this
section.
    (2) With the exception of the training exercise particpants, entry
into or remaining in this safety zone is prohibited unless authorized
by the COTP North Carolina or the COTP North Carolina's designated
representative. All other vessels must depart the zone immediately upon
activation.
    (3) Waiting vessels will be allowed to transit through the zone
every two hours during enforcement, when directed by the Coast Guard,
designated security vessels, or on-scene safety vessels.
    (4) The Captain of the Port, North Carolina can be reached through
the Coast Guard Sector North Carolina Command Duty Officer, Wilmington,
North Carolina at telephone number<PHONE_NUMBER>.
    (5) The Coast Guard and designated security vessels enforcing the
safety zone can be contacted on VHF-FM marine band radio channel 13
(165.65 MHz) and channel 16 (156.8 MHz).
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the safety zone by Federal, State, and local
agencies.
    (e) Enforcement period. This section will be enforced from 6:00
a.m. on March 18, 2020, through 8:00 p.m. on March 19, 2020.

    Dated: March 12, 2020.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2020-05533 Filed 3-17-20; 8:45 am]
BILLING CODE 9110-04-P