[Federal Register: January 24, 2008 (Volume 73, Number 16)]
[Proposed Rules]
[Page 4131]
[DOCID:fr24ja08-39]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 284

[Docket No. RM08-2-000]

Transparency Provision Under Section 23 of the Natural Gas Act

January 10, 2008.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of Technical Conference.

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SUMMARY: The Federal Energy Regulatory Commission is holding a
technical conference to address implementation issues associated with
the Commission's posting proposal, such as obtaining and posting actual
and scheduled flow information and obtaining and posting flow
information from storage facilities, as set for in the Notice of
Proposed Rulemaking issued December 21, 2007, in Commission Docket No.
RM08-2-000.

DATES: The conference is to be held on February 28, 2008.

FOR FURTHER INFORMATION CONTACT: Saida E. Shaalan, Energy Information
Analyst, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Notice of Technical Conference

    The staff of the Federal Energy Regulatory Commission (Commission)
will hold a technical conference in the above-referenced proceeding on
February 28, 2008, at the Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426 in the Commission Meeting Room
(2-C) from 9:30 a.m. until 3 p.m. (EST). The staff is holding this
conference to address implementation issues associated with the posting
proposal, such as obtaining and posting actual and scheduled flow
information and obtaining and posting information from storage
facilities. This is as set forth in the Notice of Proposed Rulemaking
(NOPR), Pipeline Posting Requirements under Section 23 of the Natural
Gas Act, 73 FR 1116 (January 7, 2008), FERC Stat. & Regs. ] 32,626
(2007).
    People interested in speaking at the conference may send brief
descriptions of the issues they would like to address to Saida Shaalan
at<EMAIL_ADDRESS>    This conference will not be Web-cast or transcribed. All interested
persons are invited, and there is no registration fee to attend.
Comments should be filed in Docket RM08-2-000, in accordance with the
dates set in the rulemaking docket.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a FAX to<PHONE_NUMBER> with
the required accommodations.
    Questions about the conference should be directed to Saida Shaalan
by e-mail at<EMAIL_ADDRESS>or by phone at<PHONE_NUMBER>.

 Kimberly D. Bose,
Secretary.
 [FR Doc. E8-1152 Filed 1-23-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 46 (Monday, March 10, 2014)]
[Proposed Rules]
[Pages 13262-13263]
[FR Doc No: 2014-05133]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2014-0032; Airspace Docket No. 13-AAL-5]

Proposed Amendment of Class E Airspace; Akutan, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify the Class E airspace at Akutan
Airport, Akutan, AK. Controlled airspace is necessary to accommodate
new Area Navigation (RNAV) Global Positioning System (GPS) standard
instrument approach procedures at the airport. The FAA is proposing
this action to enhance the safety and management of aircraft operations
at the airport.

DATES: Comments must be received on or before April 24, 2014.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2014-
0032; Airspace Docket No. 13-AAL-5, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2014-0032 and Airspace Docket No. 13-AAL-5) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2014-0032 and Airspace Docket No. 13-AAL-5''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by modifying Class E airspace extending
upward from 700 feet above the surface within a 4-mile radius of Akutan
Airport, Akutan, AK, with segments extending from the 4-mile radius to
10 miles northwest, and 7 miles east of the airport, and another
segment extending from the 4-mile radius to 6 miles northwest of the
airport. Controlled airspace is needed for the new RNAV (GPS) standard
instrument approaches and departures at the airport. This action would
enhance the safety and management of aircraft operations at the
airport.
    Class E airspace designations are published in paragraph 6005, of
FAA Order 7400.9X, dated August 7, 2013, and effective September 15,
2013, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in this Order.
    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation; (1) is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority for the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would modify controlled airspace at Akutan Airport, Akutan, AK.
    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR Part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9W, Airspace Designations and
Reporting Points, dated August 8, 2012, and effective September 15,
2012 is amended as follows:

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

* * * * *

AAL AK E5 Akutan, AK [Modified]

Akutan Airport, AK
    (Lat. 54[deg]08'41'' N., long. 165[deg]36'15'' W.)

    That airspace extending upward from 700 feet above the surface
within a 4-mile radius of the Akutan Airport, and within 1 mile each
side of the 313[deg] bearing extending from the 4-mile radius to 6
miles northwest of the airport, and within 1-mile each side of the
298[deg] bearing extending from the 4-mile radius to 10 miles
northwest of the airport, and within 1-mile each side of the 99[deg]
bearing extending from the 4-mile radius to 7 miles east of the
airport.

    Issued in Seattle, Washington, on February 26, 2014.
Clark Desing,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2014-05133 Filed 3-7-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 83 (Wednesday, April 29, 2020)]
[Notices]
[Pages 23878-23879]
[FR Doc No: 2020-09035]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 33852; File No. 812-15117]

The Alger ETF Trust, et al.

April 23, 2020.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of an application for an order under section 6(c) of the
Investment Company Act of 1940 (``Act'') for an exemption from sections
2(a)(32), 5(a)(1), and 22(d) of the Act and rule 22c-1 under the Act,
under sections 6(c) and 17(b) of the Act for an exemption from sections
17(a)(1) and 17(a)(2) of the Act, and under section 12(d)(1)(J) of the
Act for an exemption from sections 12(d)(1)(A) and 12(d)(1)(B) of the
Act.
    Applicants: The Alger ETF Trust (the ``Trust''), Fred Alger
Management, LLC (the ``Adviser'') and Fred Alger & Company, LLC (the
``Distributor'').
    Summary of Application: Applicants request an order (``Order'')
that permits: (a) ActiveShares ETFs (as described in the Reference
Order (as defined below)) to issue shares (``Shares'') redeemable in
large aggregations only (``creation units''); (b) secondary market
transactions in Shares to occur at negotiated market prices rather than
at net asset value; (c) certain affiliated persons of an ActiveShares
ETF to deposit securities into, and receive securities from, the
ActiveShares ETF in connection with the purchase and redemption of
creation units; and (d) certain registered management investment
companies and unit investment trusts outside of the same group of
investment companies as the ActiveShares ETFs to acquire Shares of the
ActiveShares ETFs. The Order would incorporate by reference terms and
conditions of a previous order

granting the same relief sought by applicants, as that order may be
amended from time to time (``Reference Order'').\1\
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    \1\ Precidian ETFs Trust, et al., Investment Company Act Rel.
Nos. 33440 (April 8, 2019) (notice) and 33477 (May 20, 2019)
(order).
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    Filing Date: The application was filed on March 27, 2020.
    Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by emailing the Commission's
Secretary at<EMAIL_ADDRESS>and serving applicants with a
copy of the request, personally or by mail. Hearing requests should be
received by the Commission by 5:30 p.m. on May 18, 2020, and should be
accompanied by proof of service on applicants, in the form of an
affidavit or, for lawyers, a certificate of service. Pursuant to rule
0-5 under the Act, hearing requests should state the nature of the
writer's interest, any facts bearing upon the desirability of a hearing
on the matter, the reason for the request, and the issues contested.
Persons who wish to be notified of a hearing may request notification
by emailing the Commission's Secretary at<EMAIL_ADDRESS>
ADDRESSES: The Commission<EMAIL_ADDRESS>Applicants: The
Alger ETF Trust, Fred Alger Management, LLC and Fred Alger & Company,
LLC, 360 Park Avenue South, New York, New York 10010.

FOR FURTHER INFORMATION CONTACT: Marc Mehrespand, Senior Counsel, at
(202) 551-8453 or Trace Rakestraw, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's website by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.
    Applicants:
    1. The Trust is a business trust organized under Massachusetts law
and will consist of one or more series operating as ActiveShares ETFs.
The Trust will be registered as an open-end management investment
company under the Act. Applicants seek relief with respect to Funds (as
defined below), including an initial Fund (the ``Initial Fund''). The
Funds will operate as ActiveShares ETFs as described in the Reference
Order.\2\
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    \2\ To facilitate arbitrage, an ActiveShares ETF disseminates a
``verified intraday indicative value'' or ``VIIV,'' reflecting the
value of its portfolio holdings, calculated every second during the
trading day. To protect the identity and weightings of its portfolio
holdings, an ActiveShares ETF sells and redeems its Shares in
creation units to authorized participants only through an
unaffiliated broker-dealer acting on an agency basis.
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    2. The Adviser, a Delaware limited liability company, will be the
investment adviser to the Initial Fund. An Adviser (as defined below)
will serve as investment adviser to each Fund. The Adviser is, and any
other Adviser will be, registered as an investment adviser under the
Investment Advisers Act of 1940 (``Advisers Act''). The Adviser may
enter into sub-advisory agreements with other investment advisers to
act as sub-advisers with respect to the Funds (each a ``Sub-Adviser'').
Any Sub-Adviser will be registered under the Advisers Act.
    3. The Distributor is a Delaware limited liability company and a
broker-dealer registered under the Securities Exchange Act of 1934, as
amended, and will act as the principal underwriter of Shares of the
Funds. Applicants request that the requested relief apply to any
distributor of Shares, whether affiliated or unaffiliated with the
Adviser and/or Sub-Adviser (included in the term ``Distributor''). Any
Distributor will comply with the terms and conditions of the Order.
    Applicants' Requested Exemptive Relief:
    4. Applicants seek the requested Order under section 6(c) of the
Act for an exemption from sections 2(a)(32), 5(a)(1), and 22(d) of the
Act and rule 22c-1 under the Act, under sections 6(c) and 17(b) of the
Act for an exemption from sections 17(a)(1) and 17(a)(2) of the Act,
and under section 12(d)(1)(J) of the Act for an exemption from sections
12(d)(1)(A) and 12(d)(1)(B) of the Act. The requested Order would
permit applicants to offer ActiveShares ETFs. Because the relief
requested is the same as the relief granted by the Commission under the
Reference Order and because the Adviser has entered into a licensing
agreement with Precidian Funds LLC in order to offer ActiveShares
ETFs,\3\ the Order would incorporate by reference the terms and
conditions of the Reference Order.
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    \3\ Aspects of the Funds are covered by intellectual property
rights, including but not limited to those which are described in
one or more patent applications.
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    5. Applicants request that the Order apply to the Initial Fund and
to any other existing or future open-end management investment company
or series thereof that: (a) Is advised by the Adviser or any entity
controlling, controlled by, or under common control with the Adviser
(any such entity included in the term ``Adviser''); (b) operates as an
ActiveShares ETF as described in the Reference Order; and (c) complies
with the terms and conditions of the Order and of the Reference Order,
which is incorporated by reference into the Order (each such company or
series and the Initial Fund, a ``Fund'').\4\
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    \4\ All entities that currently intend to rely on the Order are
named as applicants. Any other entity that relies on the Order in
the future will comply with the terms and conditions of the Order
and of the Reference Order, which is incorporated by reference into
the Order.
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    6. Section 6(c) of the Act provides that the Commission may exempt
any person, security or transaction, or any class of persons,
securities or transactions, from any provisions of the Act, if and to
the extent that such exemption is necessary or appropriate in the
public interest and consistent with the protection of investors and the
purposes fairly intended by the policy and provisions of the Act.
Section 17(b) of the Act authorizes the Commission to exempt a proposed
transaction from section 17(a) of the Act if evidence establishes that
the terms of the transaction, including the consideration to be paid or
received, are reasonable and fair and do not involve overreaching on
the part of any person concerned, and the transaction is consistent
with the policies of the registered investment company and the general
purposes of the Act. Section 12(d)(1)(J) of the Act provides that the
Commission may exempt any person, security, or transaction, or any
class of persons, securities or transactions, from any provision of
section 12(d)(1) if the exemption is consistent with the public
interest and the protection of investors. Applicants submit that for
the reasons stated in the Reference Order the requested relief meets
the exemptive standards under sections 6(c), 17(b) and 12(d)(1)(J) of
the Act.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-09035 Filed 4-28-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 136 (Wednesday, July 15, 2020)]
[Notices]
[Pages 42951-42954]
[FR Doc No: 2020-15210]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89273; File No. SR-CboeBZX-2020-056]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Order Granting Accelerated Approval of a Proposed Rule
Change To Add the Consolidated Audit Trail Industry Member Compliance
Rules to the List of Minor Rule Violations in Rules 8.15 and 25.3

July 9, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on July 8, 2020, Cboe BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons and approving the proposal on an
accelerated basis.
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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

    Cboe BZX Exchange, Inc. (the ``Exchange'' or ``BZX'') proposes to
add the Consolidated Audit Trail (``CAT'') industry member compliance
rules (``CAT Compliance Rules'') to the list of minor rule violations
in Rules 8.15 and 25.3. The text of the proposed rule change is
provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    In order to implement the National Market System Plan Governing the
Consolidated Audit Trail (the ``CAT NMS Plan'' or ``Plan'') the
Exchange codified the CAT Compliance Rules in Rules 4.5 through
4.16.\3\ The CAT NMS Plan was filed by the Plan Participants to comply
with Rule 613 of Regulation NMS under the Exchange Act,\4\ and each
Plan Participant accordingly has adopted the same compliance rules as
the Exchange's Rules 4.5 through 4.16. The common compliance rules
adopted by each Plan Participant are designed to require industry
members to comply with the provisions of the CAT NMS Plan, which
broadly calls for industry members to record and report timely and
accurate customer, order, and trade information relating to activity in
NMS Securities and OTC Equity Securities.
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    \3\ See Securities Exchange Act Release Nos. 79927 (February 2,
2017), 82 FR 9874 (February 8, 2017) (SR-BatsBZX-2017-08); and 80256
(March 15, 2017), 82 FR 14526 (March 21, 2017) (Order Approving
Proposed Rule Changes To Adopt Consolidated Audit Trail Compliance
Rules).
    \4\ 17 CFR 242.613.
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    Rule 8.15 provides for disposition of certain violations through
assessment of fines in lieu of conducting a formal disciplinary
proceeding. Rule 8.15.01, specifically, sets forth the list of specific
BZX Equities Rules under which any Member, associated person of a
Member, or registered or non-registered employee of a Member may be
subject to a fine for violations of such Rules. Rule 25.3 provides the
same for BZX Options Rule violations, under which an Options Member,
associated person of an Options Member, or registered or non-registered
employee of an Options Member may be subject to a fine for violations
of such Rules. The Exchange proposes to amend Rule 8.15.01 and Rule
25.3 to add the CAT Compliance Rules in Rules 4.5 through 4.16 to the
list of rules in Rule 8.15.01 and Rule 25.3 eligible for disposition
pursuant to a minor fine; specifically, under proposed Rule 8.15.01(i)
and proposed Rule 25.3(g).\5\ Proposed Rule 8.15.01(i) and proposed
Rule 25.3(g) each provide that for failures to comply with the
Consolidated Audit Trail Compliance Rule requirements of Rules 4.5
through 4.16, the Exchange may impose a minor rule violation fine of up
to $2,500. The Exchange may seek other disciplinary action for more
serious violations.
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    \5\ FINRA's maximum fine for minor rule violations under FINRA
Rule 9216(b) is $2,500. The Exchange will apply an identical maximum
fine amount for eligible violations of Rules 4.5 through 4.16 to
achieve consistency with FINRA and also amend its minor rule
violation plan (``MRVP'') to include such fines. Like FINRA, the
Exchange would be able to pursue a fine greater than $2,500 for
violations of Rules 4.5 through 4.16 in a regular disciplinary
proceeding or a letter of consent under Chapter 8 as appropriate.
Any fine imposed in excess of $2,500 or not otherwise covered by
Rule 19d-1(c)(2) of the Act would be subject to prompt notice to the
Commission pursuant to Rule 19d-1 under the Act. As noted below, in
assessing the appropriateness of a minor rule fine with respect to
CAT Compliance Rules, the Exchange will be guided by the same
factors that FINRA utilizes. See text accompanying notes 7-8 [sic],
infra.
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    The Exchange is coordinating with the Financial Industry Regulatory
Authority, Inc. (``FINRA'') and other Plan Participants to promote
harmonized and consistent enforcement of all the Plan Participants' CAT
Compliance Rules. The Commission recently approved a Rule 17d-2 Plan
under which the regulation of CAT Compliance Rules will be allocated
among Plan Participants to reduce regulatory duplication for industry
members that are members of more than one Participant (``common
members'').\6\ Under the Rule 17d-2 Plan, the regulation of CAT
Compliance Rules with respect to common members that are members of
FINRA is allocated to FINRA. Similarly, under the Rule 17d-2 Plan,
responsibility for common members of multiple other Plan Participants
and not a member of FINRA will be allocated among those other Plan
Participants, including to the Exchange. For those non-common members
who are allocated to BZX pursuant to the Rule 17d-2 Plan, the Exchange
and FINRA have entered into a Regulatory Services Agreement (``RSA'')
pursuant to which FINRA will assist the Exchange with conducting
surveillance, investigation, examination, and enforcement activity in
connection with

the CAT Compliance Rules on the Exchange's behalf. The Exchange expects
that the other exchanges will be entering into similar RSAs.
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    \6\ See Securities Exchange Act Release No. 88366 (March 12,
2020), 85 FR 15238 (March 17, 2020).
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    The Exchange notes that this proposal is based upon the FINRA
filing to amend FINRA Rule 9217 in order to add FINRA's corresponding
CAT Compliance Rules to FINRA's list of rules that are eligible for
minor rule violation plan treatment.\7\ The Exchange also notes that
the New York Stock Exchange LLC (``NYSE'') submitted a filing to amend
its Minor Rule Violation Plan (``MRVP'') to add its CAT Compliance
Rules in a manner consistent with FINRA's proposal,\8\ and other Plan
Participants intend to submit the same. Thus, in order to achieve
consistency with FINRA and the other Plan Participants, the Exchange
proposes to adopt fines up to $2,500 in connection with minor rule
fines for violations of the CAT Compliance Rules (Rules 4.5 through
4.16) in proposed Rules 8.15.01(i) and 25.3(g) under the Exchange's
MRVP. In connection with FINRA's proposed amendment to FINRA Rule 9217
to make FINRA's CAT Compliance Rules MRVP eligible, FINRA has stated
that it will apply the minor fines for CAT Compliance Rules in the same
manner that FINRA has for its similar existing audit trail-related
rules.\9\ Accordingly, in order to promote regulatory consistency, the
Exchange plans to do the same. Specifically, application of a minor
fine with respect to CAT Compliance Rule violations will be guided by
the same factors that FINRA references in its filing. However, more
formal disciplinary proceedings may be warranted instead of minor rule
dispositions in certain circumstances such as where violations prevent
regulatory users of the CAT from performing their regulatory functions.
Where minor rule dispositions are appropriate, the following factors
help guide the determination of fine amounts:
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    \7\ See Securities Exchange Act Release No. 88870 (May 14,
2020), 85 FR 30768 (May 20, 2020) (SR-FINRA-2020-013).
    \8\ See SR-NYSE-2020-51 (filed June 12, 2020).
    \9\ See supra note 7; see also FINRA Notice to Members 04-19
(March 2004) available at https://www.finra.org/rules-guidance/notices/04-19 (providing specific factors used to inform
dispositions for violations of OATS reporting rules).
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     Total number of reports that are not submitted or
submitted late;
     The timeframe over which the violations occur;
     Whether violations are batched;
     Whether the violations are the result of the actions of
one individual or the result of faulty systems or procedures;
     Whether the firm has taken remedial measures to correct
the violations;
     Prior minor rule violations within the past 24 months;
     Collateral effects that the failure has on customers; and
     Collateral effects that the failure has on the Exchange's
ability to perform its regulatory function.\10\
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    \10\ See id.
---------------------------------------------------------------------------

    Upon effectiveness of this rule change, the Exchange will publish a
regulatory bulletin notifying its Members and/or Options Members of the
rule change and the specific factors that will be considered in
connection with assessing minor rule fines described above.
    For the foregoing reasons, the Exchange believes that the proposed
rule change will result in a coordinated, harmonized approach to CAT
Compliance Rule enforcement across Plan Participants that will be
consistent with the approach FINRA has taken with the CAT rules.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\11\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \12\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \13\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ Id.
---------------------------------------------------------------------------

    Minor rule fines provide a meaningful sanction for minor or
technical violations of rules when the conduct at issue does not
warrant stronger, immediately reportable disciplinary sanctions. The
inclusion of a rule in the Exchange's MRVP does not minimize the
importance of compliance with the rule, nor does it preclude the
Exchange from choosing to pursue violations of eligible rules through a
letter of consent if the nature of the violations or prior disciplinary
history warrants more significant sanctions. Rather, the Exchange
believes that the proposed rule change will strengthen the Exchange's
ability to carry out its oversight and enforcement responsibilities in
cases where full disciplinary proceedings are unwarranted in view of
the minor nature of the particular violation. The Exchange believes the
option to impose a minor rule sanction gives the Exchange additional
flexibility to administer its enforcement program in the most effective
and efficient manner while still fully meeting the Exchange's remedial
objectives in addressing violative conduct.\14\ Specifically, the
proposed rule change is designed to prevent fraudulent and manipulative
acts and practices because it will provide the Exchange the ability to
issue a minor rule fine for violations of the CAT Compliance Rules in
Rules 4.5 through 4.16 where a more formal disciplinary action may not
be warranted or appropriate consistent with the approach of other Plan
Participants for the same conduct.
---------------------------------------------------------------------------

    \14\ Pursuant to Rule 8.15(a) and (e) and Rule 25.3, the
Exchange has the discretion to impose a fine in lieu of commencing a
disciplinary proceeding for a violation that is minor in nature.
Rule 8.15(e) states specifically that nothing in Rule 8.15 requires
the Exchange to impose a fine pursuant to Rule 8.15 with respect to
the violation of any Rule included in any such listing. Rule 25.3
states specifically that the Exchange is not required to proceed
under said Rules as to any rule violation and may, whenever such
action is deemed appropriate, commence a disciplinary proceeding
under Chapter VIII (Discipline) rules as to any such violation.
---------------------------------------------------------------------------

    In connection with the fine level specified in the proposed rule
change, adding proposed Rules 8.15.01(i) and 25.3(g) to specifically
provide that for violations of the CAT Compliance Rules in Rules 4.5
through 4.16 the Exchange may impose a fine not to exceed $2,500 would
further the goal of transparency within the Exchange's rules. Adopting
the same cap as FINRA for minor rule fines in connection with the CAT
Compliance Rules would also promote regulatory consistency across self-
regulatory organizations.
    The Exchange further believes that the proposed amendments to Rule
8.15.01 and Rule 25.3 are consistent with Section 6(b)(6) of the
Act,\15\ which provides that members and persons associated with
members shall be appropriately disciplined for violation of the
provisions of the rules of the

exchange, by expulsion, suspension, limitation of activities,
functions, and operations, fine, censure, being suspended or barred
from being associated with a member, or any other fitting sanction. As
noted, the proposed rule change would provide the Exchange (both BZX
Equities and BZX Options) the ability to sanction minor or technical
violations of Rules 4.5 through 4.16 pursuant to the Exchange's rules.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(b)(6).
---------------------------------------------------------------------------

    Finally, the Exchange also believes that the proposed change is
designed to provide a fair procedure for the disciplining of members
and persons associated with members, consistent with Sections 6(b)(7)
and 6(d) of the Act.\16\ Rule 8.15 does not preclude a Member,
associated person of a Member, or registered or non-registered employee
of a Member, and Rule 25.3 does not preclude an Options Member,
associated person of an Options Member, or registered or non-registered
employee of an Options Member, from contesting an alleged violation and
receiving a hearing on the matter with the same procedural rights
through a litigated disciplinary proceeding.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f(b)(7) and 78f(d).
---------------------------------------------------------------------------

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 proposed rule change is
not intended to address competitive issues but rather is concerned
solely with making the CAT Compliance Rules in Rules 4.5 through 4.16
eligible for a minor rule fine disposition, thereby strengthening the
Exchange's ability to carry out its oversight and enforcement functions
and deter potential violative conduct. Also, as stated above, the
proposed rule change is consistent with similar proposals recently
filed by FINRA and NYSE, and other Plan Participants intend to submit
the same.

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

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

III. 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-CboeBZX-2020-056 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-CboeBZX-2020-056. 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-CboeBZX-2020-056 and should be submitted
on or before August 5, 2020.

IV. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\17\ In
particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act,\18\ which requires that the
rules of an exchange be designed to promote just and equitable
principles of trade, to remove impediments and to perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest. The Commission
also believes that the proposal is consistent with Sections 6(b)(1) and
6(b)(6) of the Act \19\ which require that the rules of an exchange
enforce compliance with, and provide appropriate discipline for,
violations of Commission and Exchange rules. Finally, the Commission
finds that the proposal is consistent with the public interest, the
protection of investors, or otherwise in furtherance of the purposes of
the Act, as required by Rule 19d-1(c)(2) under the Act,\20\ which
governs minor rule violation plans.
---------------------------------------------------------------------------

    \17\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \18\ 15 U.S.C. 78f(b)(5).
    \19\ 15 U.S.C. 78f(b)(1) and 78f(b)(6).
    \20\ 17 CFR 240.19d-1(c)(2).
---------------------------------------------------------------------------

    As stated above, the Exchange proposes to add the CAT Compliance
Rules to the list of minor rule violations in Rules 8.15 and 25.3 to be
consistent with the approach FINRA has taken for minor violations of
its corresponding CAT Compliance Rules.\21\ The Commission has already
approved FINRA's treatment of CAT Compliance Rules violations when it
approved the addition of CAT Compliance Rules to FINRA's MRVP.\22\ As
noted in that order, and similarly herein, the Commission believes that
Exchange's treatment of CAT Compliance Rules violations as part of its
MRVP provides a reasonable means of addressing violations that do not
rise to the level of requiring formal disciplinary proceedings, while
providing greater flexibility in handling certain violations. However,
the Commission expects that, as with FINRA, the Exchange will continue
to conduct surveillance with

due diligence and make determinations based on its findings, on a case-
by-case basis, regarding whether a sanction under the rule is
appropriate, or whether a violation requires formal disciplinary
action. Accordingly, the Commission believes the proposal raises no
novel or significant issues.
---------------------------------------------------------------------------

    \21\ As discussed above, the Exchange has entered into a Rule
17d-2 Plan and an RSA with FINRA with respect to the CAT Compliance
Rules. The Commission notes that, unless relieved by the Commission
of its responsibility, as may be the case under the Rule 17d-2 Plan,
the Exchange continues to bear the responsibility for self-
regulatory conduct and liability for self-regulatory failures, not
the self-regulatory organization retained to perform regulatory
functions on the Exchange's behalf pursuant to an RSA. See
Securities Exchange Release No. 61419 (January 26, 2010), 75 FR 5157
(February 1, 2010) (SR-BATS-2009-031), note 93 and accompanying
text.
    \22\ See supra note 7.
---------------------------------------------------------------------------

    For the same reasons discussed above, the Commission finds good
cause, pursuant to Section 19(b)(2) of the Act,\23\ for approving the
proposed rule change prior to the thirtieth day after the date of
publication of the notice of the filing thereof in the Federal
Register. The proposal merely adds the CAT Compliance Rules to the
Exchange's MRVP and harmonizes its application with FINRA's application
of CAT Compliance Rules under its own MRVP. Accordingly, the Commission
believes that a full notice-and-comment period is not necessary before
approving the proposal.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act
\24\ and Rule 19d-1(c)(2) thereunder,\25\ that the proposed rule change
(SR-CboeBZX-2020-056) be, and hereby is, approved on an accelerated
basis.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78s(b)(2).
    \25\ 17 CFR 240.19d-1(c)(2).

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

    \26\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-15210 Filed 7-14-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 74, Number 115 (Wednesday, June 17, 2009)]
[Notices]
[Pages 28692-28693]
[FR Doc No: E9-13852]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2003-0004; FRL-8421-6]

Access to Confidential Business Information by Flatirons
Solutions Corporation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has authorized contractor Flatirons Solutions Corporation
(Flatirons) of Boulder, CO, to access information which has been
submitted to EPA under all sections of the Toxic Substances Control Act
(TSCA). Some of the information may be claimed or determined to be
Confidential Business Information (CBI).

DATES: Access to the confidential data will occur no sooner than June
24, 2009.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>    For technical information contact: Scott M. Sherlock, Environmental
Assistance Division (7408M), Office of Pollution Prevention and Toxics,
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 Notice Apply to Me?

    This action is directed to the public in general. This action may,
however, be of interest to you if are conducting, or may be required to
conduct testing of chemical substances under the Toxic Substances
Control Act (TSCA). 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
applicability of this action to a particular entity, consult the
technical person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of This Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPPT-2003-0004. All documents
in the docket are listed in the docket's index available at http://www.regulations.gov. 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, will be publicly available only in hard copy. Publicly
available docket materials are available electronically at http://

www.regulations.gov, or, if only available in hard copy, at the OPPT
Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at
Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC.
The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. The telephone
number of the EPA/DC Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OPPT Docket Facility is<PHONE_NUMBER>. Docket
visitors are required to show photographic identification, pass through
a metal detector, and sign the EPA visitor log. All visitor bags are
processed through an X-ray machine and subject to search. Visitors will
be provided an EPA/DC badge that must be visible at all times in the
building and returned upon departure.
    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 Action Is the Agency Taking?

    Under Contract Number GS-35F-0446N, Order Number EP09H001146,
contractor Flatirons of 747 Table Mesa Drive, Suite 200, Boulder, CO
will assist the Office of Pollution Prevention and Toxics (OPPT) in
developing the capability to scan documents into Documentum repository.
They will also assist by providing consulting and services in the
configuration of the Captiva Scanner and its integration with
Documentum repository.
    In accordance with 40 CFR 2.306(j), EPA has determined that under
Contract Number GS-35F-0446N, Order Number EP09H001146, Flatirons will
require access to CBI submitted to EPA under all sections of TSCA to
perform successfully the duties specified under the contract. Flatirons
personnel will be given access to information submitted to EPA under
all sections of TSCA. Some of the information may be claimed or
determined to be CBI.
    EPA is issuing this notice to inform all submitters of information
under all sections of TSCA that EPA may provide Flatirons access to
these CBI materials on a need-to-know basis only. All access to TSCA
CBI under this contract will take place at EPA Headquarters.
    Flatirons will be authorized access to TSCA CBI at EPA
Headquarters, provided they comply with the provisions of the EPA TSCA
CBI Protection Manual.
    Access to TSCA data, including CBI, will continue until August 20,
2009. If the contract is extended, this access will also continue for
the duration of the extended contract without further notice.
    Flatirons personnel will be required to sign nondisclosure
agreements and will be briefed on appropriate security procedures
before they are permitted access to TSCA CBI.

List of Subjects

    Environmental protection, Confidential business information.

    Dated: June 8, 2009.
 Matthew Leopard,
 Acting Director, Information Management Division, Office of Pollution
Prevention and Toxics.

[FR Doc. E9-13852 Filed 6-16-09; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register Volume 76, Number 122 (Friday, June 24, 2011)]
[Proposed Rules]
[Pages 37041-37044]
[FR Doc No: 2011-15809]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-0335]
RIN 1625-AA09

Drawbridge Operation Regulation; Apponagansett River, Dartmouth,
MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to change the drawbridge operation
regulations that govern the operation of the Padanaram Bridge across
the Apponagansett River, mile 1.0, at Dartmouth, Massachusetts. The
owner of the bridge has requested relief from crewing the bridge in the
early morning hours when there have been no requests to open the
bridge. It is expected that this change to the regulations would
provide relief to the bridge owner while continuing to meet the
reasonable needs of navigation.

DATES: Comments and related material must be received by the Coast
Guard on or before August 23, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0335 using any one of the following methods:
    (1) Federal Rulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these methods. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for instructions on submitting
comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Mr. John W.

McDonald, Project Officer, First Coast Guard District Bridge Program,
telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-0335), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (http://www.regulations.gov), or by fax, mail or hand delivery,
but please use only one of these means. If you submit a comment online
via http://www.regulations.gov, it will be considered received by the
Coast Guard when you successfully transmit the comment. If you fax,
hand delivery, or mail your comment, it will be considered as having
been received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an e-mail address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rules'' and insert ``USCG-2011-0335'' in the ``Keyword''
box. Click ``Search'' then click on the balloon shape in the
``Actions'' column. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\; by
11 inches, suitable for copying and electronic filing. If you submit
them by mail and would like to know that they reached the Facility,
please enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2011-0335'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit either the Docket Management Facility in Room W12-
140 on the ground floor of the Department of Transportation West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. We
have an agreement with the Department of Transportation to use the
Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why one would be beneficial. If we determine
that one would aid this rulemaking, we will hold one at a time and
place announced by a later notice in the Federal Register.

Basis and Purpose

    The Padanaram Bridge, mile 1.0, across the Apponagansett River at
Dartmouth, Massachusetts, has a vertical clearance in the closed
position of 9 feet at mean high water and 12 feet at mean low water.
The drawbridge operation regulations are listed at 33 CFR 117.587.
    The existing drawbridge operation regulations require the draw to
open on signal 1 May through 31 October from 5 a.m. to 9 p.m., daily.
At all other times the bridge shall open if at least four hours advance
notice is given.
    The Coast Guard received a request from the owner of the bridge,
the Town of Dartmouth, to change the drawbridge operation regulations
concerning the daily hours the bridge is crewed from 1 May through 31
October. The bridge owner desires to crew the bridge from 6 a.m.
through 9 p.m. instead of 5 a.m. through 9 p.m., daily.
    A review of the bridge opening logs reveals that the bridge has not
received any requests to open between 5 a.m. and 6 a.m. since 2009.
    As a result of the above information the Coast Guard believes it is
reasonable for the bridge owner to crew the Padanaram Bridge from 6
a.m. through 9 p.m., 1 May through 31 October, since there have been no
recent requests to open the bridge before 6 a.m.

Discussion of Proposed Rule

    The Coast Guard proposes to amend 33 CFR 117.587(a) and (a)(1) by
changing the time the bridge will open on signal between 1 May and 31
October. Presently the bridge opens on signal from 5 a.m. through 9
p.m., daily. This action would change that time period to 6 a.m.
through 9 p.m., daily. All other requirements of the regulation would
remain unchanged.

Regulatory Analyses

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

Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. We expect the economic
impact of this proposed rule to be minimal. Although this regulation
may have some impact on the public, the potential impact will be
minimized for the following reasons:
    The bridge has not received any recent requests to open between 5
a.m. and 6 a.m., daily, between May 1 and October 31. The vessels
moored upstream from the bridge are recreational vessels and not
commercial operators.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises

small businesses, not-for-profit organizations that are independently
owned and operated and are not dominant in their fields, and
governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might be small entities: the owners or
operators of vessels needing to transit through the bridge between 1
May through 31 October from 5 a.m. to 6 a.m. This proposed rule would
not have a significant economic impact on a substantial number of small
entities for the following reasons:
    The bridge has not received any requests to open between 5 a.m. and
6 a.m., daily, between May 1 and October 31, since 2009.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Mr. John W. McDonald, Project
Officer, First Coast Guard District Bridge Program, telephone 617-223-
8364 or e-mail<EMAIL_ADDRESS>    The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

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

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, and Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination that this action is one of a category
of actions which do not individually or cumulatively have a significant
effect on the human environment because it simply promulgates the
operating regulations or procedures for drawbridges. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as
follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

    2. Amend Sec.  117.587 by revising paragraphs (a) introductory text
and (a)(1) to read as follows:

Sec.  117.587  Apponagansett River.

    (a) The draw of the Padanaram Bridge, mile 1.0, shall open on
signal from 1 May through 31 October, between 6 a.m. and 9 p.m., daily,
as follows:
    (1) The bridge shall open on signal, twice an hour, on the hour and
half hour between 6 a.m. and 9 a.m. and between 8 p.m. and 9 p.m.
* * * * *

    Dated: June 10, 2011.
Daniel A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2011-15809 Filed 6-23-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 115 (Wednesday, June 15, 2016)]
[Proposed Rules]
[Pages 39002-39003]
[FR Doc No: 2016-14032]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0675; FRL-9947-61-Region 4]

Air Plan Approval; Kentucky; Source Specific Revision for
Louisville Gas and Electric

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
Commonwealth of Kentucky through its Energy and Environment Cabinet,
Department of Environmental Protection, Division for Air Quality (KY
DAQ) on February 13, 2013, for the purpose of establishing emission
requirements for the changeover from coal-fired units U4, U5 and U6 to
a new natural gas-fired combined cycle (NGCC) generating unit U15 and
auxiliary boiler U16 at the Louisville Gas and Electric Company, Cane
Run Generating Station (LG & E Cane Run Facility).

DATES: Comments must be received on or before July 15, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0675 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the Web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jane Spann of the Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Ms. Spann may be reached by telephone at<PHONE_NUMBER> or
via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Ozone is created when chemical reactions between volatile organic
compounds (VOC) and nitrogen oxides (NOX) occur in the
presence of sunlight. Ozone is reduced by reducing VOC and
NOX emissions. The Louisville Metro Air Pollution Control
District (LMAPCD) adopted regulation 6.42 Reasonably Available Control
Technology Requirements for Major Volatile Organic Compound and
Nitrogen Oxides Emitting Facilities on February 2, 1994. LMAPCD's
regulation 6.42 was submitted to EPA, through the Commonwealth of
Kentucky, on May 21, 1999. On October 23, 2001, EPA approved LMAPCD's
regulation 6.42, section 4.4 of which requires LMAPCD to submit each
source-specific reasonably available control technology (RACT)
determination to EPA for approval into the Kentucky SIP. See 66 FR
53658. On the same date, EPA approved the NOX RACT plan for
LG & E's Cane Run Facility into the SIP. See 66 FR 53684.
    On June 13, 2011, LG & E submitted to the Air Pollution Control
Board of Jefferson County (Board) an application for a permit to
construct a new NGCC generating unit U15 and auxiliary boiler U16 and
retire coal-fired units U4, U5 and U6 at LG & E's Cane Run Facility to
comply with other federal requirements, including the Mercury & Air
Toxics Standards and the Cross-State Air Pollution Rule.\1\ In
response, on July 18, 2012, the Board adopted Amendment 2 establishing
NOX emission rates for the new units. On February 13, 2013,
KY DAQ, on behalf of LMAPCD, submitted a SIP revision for EPA to
approve the LG & E Cane Run Generating Station NOX RACT Plan
Amendment 2 into the Kentucky SIP. The LG & E Cane Run Generating
Station NOX RACT Plan Amendment 2 includes two parts: Part
1, the existing NOX RACT Plan for the coal-fired units,
which will remain in effect until those units are retired; and Part 2,
the plan that will become effective upon the start of operation of the
NGCC facility and the shut-down of the coal-fired units.
---------------------------------------------------------------------------

    \1\ Amendment 2 of the February 13, 2013, submittal includes a
Dew Point Heater (U17). In 2014, LG&E notified LMAPCD that LG&E is
not installing U17 after all.
---------------------------------------------------------------------------

II. Analysis of State Submittal

    CAA section 110(l) does not allow approval of a SIP revision if the
revision would interfere with any applicable requirement concerning
attainment and reasonable further progress or any other applicable
requirement of the CAA. On May 19, 2015, LMAPCD submitted supplemental
information regarding the February 13, 2013, submittal to address CAA
section 110(l). The May 19, 2015, supplemental document compares the
NOX and VOC emissions from the coal-fired electric
generation units (EGUs) (U4, U5 and U6) to those from the new NGCC
generating unit U15 and auxiliary boiler U16. The comparison shows that
substitution of NGCC units for the coal-fired EGUs will cause a
reduction of 11,660 tons per year (tpy) of NOX allowable
emissions.\2\ It also indicates a possible increase of 25.2 tpy of VOC
allowable emissions.\3\
---------------------------------------------------------------------------

    \2\ Permitted, maximum, allowable NOX emissions for
any consecutive 12 month period.
    \3\ Permitted, maximum, allowable VOC emissions for any
consecutive 12 month period.
---------------------------------------------------------------------------

    The Louisville area is currently in compliance with the ozone
national ambient air quality standards (NAAQS). To demonstrate that the
potential VOC increase of 25.2 tpy would not interfere with the area's
ongoing attainment of the ozone NAAQS, LMAPCD conducted an analysis of
ozone sensitivity based on data from monitors in the Louisville
Metropolitan Statistical Area and a region-wide modeling project known
as the ``Southeastern Modeling, Analysis, and Planning'' (SEMAP).\4\
The analysis compared the tons per day of ozone reduced based on
NOX reductions and based on VOC reductions and determined
that NOX emission reductions in the Louisville region are 2
to 16 times more effective than VOC emission reductions at reducing
ozone concentrations. Based on this analysis, LMAPCD determined that a
25-ton increase in VOC emissions can be offset with a reduction in
NOX emissions of as much as 400 tons to as little as 50
tons. Therefore, LMAPCD concluded that the potential increase in VOC of
25.2 tpy from the Cane Run facility is offset by the concurrent 11,660
tpy reduction in NOX. EPA has preliminarily determined that
the new NOX RACT plan associated with Cane Run's change from
coal-fired to natural gas-fired units meets the

requirements of CAA section 110(l). Thus, EPA is proposing to approve
the February 13, 2013, SIP submittal into the federally-approved SIP.
This area is, as noted above, in compliance with the ozone NAAQS and
there is no indication that this proposed action will cause
interference with compliance with the fine particulate matter or
nitrogen dioxide NAAQS.
---------------------------------------------------------------------------

    \4\ Odam, Talat, and Zac Adelman. Emissions and Air Quality
Modeling for SEMAP. Georgia Institute of Technology Environmental
Engineering Department, the University of North Carolina Institute
for the Environment and the Colorado State University Cooperative
Institute for Research in the Atmosphere. October 15, 2014.
---------------------------------------------------------------------------

III. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the KY DAQ source-specific provision entitled ``Air Pollution
Control Board of Jefferson County Board Order--Amendment 2,'' approved
by LMAPCD on July 18, 2012. EPA has made, and will continue to make,
these documents generally available electronically through
www.regulations.gov and/or in hard copy at the EPA Region 4 office (see
the ADDRESSES section of this preamble for more information).

IV. Proposed Action

    EPA is proposing to approve the February 13, 2013, Kentucky SIP
revision which adds LG & E Cane Run Generating Station NOX
RACT Plan Amendment 2 to the federally-approved Kentucky SIP. This SIP
includes emission requirements for the changeover from coal-fired units
to natural gas-fired combined cycle EGUs and associated equipment.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: June 1, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016-14032 Filed 6-14-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: September 22, 2009 (Volume 74, Number 182)]
[Notices]
[Page 48258-48259]
[DOCID:fr22se09-67]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2232-561-NC]

Catawba-Wateree Project; Notice of Availability of Environmental
Assessment

September 15, 2009.
    In accordance with the National Environmental Policy Act of 1969
and Federal Energy Regulatory Commission regulations, 18 CFR part 380
(Order No. 486, 52 FR 47879), the Office of Energy Projects has
reviewed Duke Energy

Carolina, LLC's application for non-project use of project lands and
waters to lease 2.39 acres of land within the project boundary to C.
Stafford, LLC to expand an existing marina at the Catawba-Wateree
Project, and has prepared an Environmental Assessment (EA). The
proposal is located on Lake Hickory in Alexander County, North
Carolina.
    A copy of the EA is on file with the Commission and is available
for public inspection. The EA may also be viewed on the Commission's
Web site at http://www.ferc.gov using the ``eLibrary'' link. Enter the
docket number (P-2232) excluding the last three digits in the docket
number field to access the document. For assistance, contact FERC
Online Support at<EMAIL_ADDRESS>or toll-free at 1-866-208-
3676, or for TTY,<PHONE_NUMBER>.
    Any comments on the EA should be filed by October 15, 2009 and
should be addressed to the Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Room 1-A, Washington, DC 20426.
Please reference the project name and project number (P-2232-561) on
all comments. Comments may be filed electronically via the Internet in
lieu of paper. The Commission strongly encourages electronic filings.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site under the ``eFiling'' link. For further information, contact
Rebecca Martin at<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-22716 Filed 9-21-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 168 (Thursday, August 31, 2023)]
[Rules and Regulations]
[Pages 60147-60150]
[FR Doc No: 2023-18641]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0606]
RIN 1625-AA00

Safety Zone; Swim for Alligator Lighthouse, Islamorada, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on

certain navigable waters of the Atlantic Ocean near Islamorada, Florida
during the Swim for Alligator Lighthouse, open water swim event. A
safety zone for recurring marine events exists; however, for this
year's event the date has changed. The safety zone is necessary to
ensure the safety of event participants and spectators. Persons and
non-participant vessels are prohibited from entering, transiting
through, anchoring in, or remaining within the safety zone unless
authorized by the Captain of the Port (COTP) Key West or a designated
representative.

DATES: This rule is effective from 7:30 a.m. until 4 p.m., on September
9, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0606 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Hailye Wilson, Chief, Waterways Management
Division, Sector Key West, FL 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 it is impracticable and contrary to
the public interest. The Coast Guard has an existing safety zone for
this recurring marine event at 33 CFR 165.786, Table to Sec.  165.786,
Item No. 9.1; however, the existing regulation only covers the event
when it is scheduled on the third Saturday of September. The primary
justification for this action is that the Coast Guard received final
details of the event without sufficient time to provide a reasonable
comment period and then consider those comments before issuing the
rule. It would be impracticable and contrary to the public interest to
delay promulgating this rule, as it is necessary to protect the safety
of participants, spectators, the public, and vessels transiting in the
area.
    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 the event is taking place on
September 9, 2023, and immediate action is needed to respond to the
potential safety hazards associated with this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70034. The Captain of the Port Key West (COTP) has determined
that potential hazards associated with this open water swim event will
be a safety concern for persons and vessels in the safey zone. This
rule is needed to ensure the safety of the event participants, the
general public, vessels and the marine environment in the navigable
waters within the safety zone during the Swim for Alligator Lighthouse
open water swim event.

IV. Discussion of the Rule

    This rule establishes a safety zone on September 9, 2023 for a
period of 8.5 hours, from 7:30 a.m. to 4:00 p.m. The safety zone will
cover all waters of the Atlantic Ocean, between Amara Cay, and
Alligator Lighthouse, beginning at a point Latitude 24[deg]54.82' N,
longitude 080[deg]38.03' W, thence to latitude 24[deg]54.36' N,
longitude 080[deg]37.72' W, thence to latitude 24[deg]51.07' N,
longitude 080[deg]37.14' W, thence to latitude 24[deg]54.36' N,
longitude 080[deg]37.72' W, thence to point of origin at latitude
24[deg]54.82' N, longitude 080[deg]38.03' W. The event course begins
and ends at Amara Cay Resort in Islamorada, Florida, and extends
through Hawks Channel, with a turnaround at Alligator Lighthouse.
Approximately 500 swimmers with kayak escorts and eight safety vessels
are anticipated to participate in the event. The size and duration of
the safety zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters during the open water
swim. Persons and non-participant vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the safety zone
without obtaining permission from the COTP Key West or a designated
representative. If authorization to enter, transit through, anchor in,
or remain within the safety zone is granted by the COTP Key West or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the COTP Key West or
a designated representative. The Coast Guard will provide notice of the
safety zone by Local Notice to Mariners, Broadcast Notice to Mariners,
or by on-scene designated representatives.

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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
    This regulatory action determination is based on the size,
location, duration and available exceptions to the enforcement of the
safety zone. The regulated area will impact small designated areas of
the Atlantic Ocean between Islamorada, Florida, and the Alligator
Lighthouse for only 8.5 hours and thus is limited in time and scope.
Furthermore, the rule will allow vessels to seek permission to enter
the safety zone. Non-participant persons and vessels may enter, transit
through, anchor in, or remain within the regulated area during the
enforcement periods if authorized by the COTP or a designated
representative. Vessels not able to enter, transit through, anchor in,
or remain within the regulated area without authorization from the COTP
or a designated representative may operate in the surrounding areas
during the 8.5 hour enforcement period. The Coast Guard will issue a
Local Notice to Mariners and a Broadcast Notice to Mariners, allowing
mariners to make alternative plans or seek permission to transit the
safety 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
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 a
safety zone lasting only 8.5 hours that will prohibit entry into the
area being used by swimmers and safety craft for the Alligator
Lighthouse swim. It is categorically excluded from further review under
paragraph L60(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.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T07-0606 to read as follows:

Sec.  165.T07-0606  Safety Zone; Swim for Alligator Lighthouse,
Islamorada, FL.

    (a) Location. The following regulated area is a safety zone: All
waters of the Atlantic Ocean beginning at a point Latitude
24[deg]54.82' N, longitude 080[deg]38.03' W, thence to latitude
24[deg]54.36' N, longitude 080[deg]37.72' W, thence to latitude
24[deg]51.07' N, longitude 080[deg]37.14' W, thence to latitude
24[deg]54.36' N, longitude 080[deg]37.72' W, thence to point of origin
at latitude 24[deg]54.82' N, longitude 080[deg]38.03' W. The event
course begins and ends at Amara Cay Resort in Islamorada, Florida,
extending through Hawks Channel with a turnaround point at Alligator
Lighthouse. All coordinates are North American Datum 1983.
    (b) Definition. As used in this section, the term ``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 Key West (COTP) in the enforcement of
the safety zone.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the COTP Key West or a designated
representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the COTP Key West
by telephone at<PHONE_NUMBER>, or a designated representative via VHF-
FM radio on channel 16 to request authorization. If authorization is

granted, all persons and vessels receiving such authorization must
comply with the instructions of the COTP Key West or a designated
representative.
    (3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners via VHF-FM
channel 16, or the COTP's designated representative.
    (d) Enforcement period. This rule will be enforced from 7:30 a.m.
until 4:00 p.m., on September 9, 2023.

    Dated: August 22, 2023.
J. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2023-18641 Filed 8-30-23; 8:45 am]
BILLING CODE 9110-04-P


Comment Info: =================

General Comment:To whom it may concern, A 75 day comment period is insufficient time for the vaping industry and the wider vaping community to comment on the proposed deeming regulations. I would respectfully request that the period for comment be extended to 180 days