[Federal Register Volume 84, Number 183 (Friday, September 20, 2019)]
[Notices]
[Pages 49545-49546]
[FR Doc No: 2019-20430]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2019-0346]

Notice of Availability of Navigation and Vessel Inspection
Circular 01-16 Change 2--Use of Electronic Charts and Publications in
Lieu of Paper Charts, Maps and Publications

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability.

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SUMMARY: The Coast Guard announces the availability of Navigation and
Vessel Inspection Circular (NVIC) 01-16 Change 2 together with a
Deregulatory Savings Analysis. This NVIC provides that U.S. vessels may
access navigation publications electronically, through underway
connectivity, to meet domestic carriage and Safety of Life at Sea
certification requirements.

DATES: Comments and related material must be received by the Coast
Guard on or before November 4, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0346 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Please address questions or feedback
concerning this policy to George H. Detweiler, Office of Navigation
Systems, Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    The Coast Guard views public participation as essential to making
effective policy, and will consider all comments and material received
during the comment period. Your comment can help shape the final form
of this policy. If you submit a comment, please include the docket
number for this notice, indicate the specific section of the document
to which each comment applies, and provide a reason for each suggestion
or recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If you cannot submit your
material by using https://www.regulations.gov, contact the person in
the FOR FURTHER INFORMATION CONTACT section of this proposed rule for
alternate instructions. Documents mentioned in this proposed rule, and
all public comments, will be available in our online docket at https://www.regulations.gov, and can be viewed by following that website's
instructions. Additionally, if you visit the online docket and sign up
for email alerts, you will be notified when comments are posted or if a
final rule is published.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.

Discussion

    Navigation publications have always been a principal source of
voyage planning information. Mariners researched books of tide tables,
the United States Coast Pilot, local notices to mariners, and other
information sources to glean relevant information for a particular
transit. Although such publications have historically been required to
be kept on board a vessel, the Coast Guard has formally recognized that
a mariner engaged in voyage planning might not need an entire
publication at all times.\1\ Since 2010, the Coast Guard has allowed
U.S. vessels to carry certain navigation publications electronically to
meet U.S. domestic regulations and Safety of Life at Sea (SOLAS)
certificate requirements. This is an acceptance of common industry
practice.
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    \1\ 33 CFR 164.33 and 164.72 and 46 CFR 26.03-4, 28.225, 78.05-
5, 97.05-5, 109.565, 121.420, 130.330, 140.705, 184.420, and 196.05-
5 allow for an ``applicable currently corrected extract.''
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    In response to recommendations from the Navigation Safety Advisory
Council and the public, the Coast Guard is updating its policy on
electronic carriage of the Inland Navigation Rules and electronic
publications in general. Currently, the Coast Guard, the National
Oceanic and Atmospheric Administration and the National Geospatial-
Intelligence Agency are providing marine safety information in an
updated electronic format, some of which is now graphical and
geographically selectable. Electronic devices (both hardware and
software) have improved such that a mariner can efficiently access
navigation publications when needed.
    Furthermore, the Coast Guard recognizes that the maritime industry
and mariners in general have made substantial investments to ensure
vessels maintain internet connectivity, even while underway. Because
mariners use navigation publications primarily for voyage planning
purposes, the Coast Guard sees no safety barriers preventing vessels
from accessing required navigation information via the internet on an
as-needed basis, versus keeping a publication or extract onboard. To
encourage the use of electronic voyage planning products, the Coast
Guard is allowing vessels to meet the publication requirements via
internet access.
    Therefore, Navigation and Vessel Inspection Circular (NVIC) 01-16
Change 1 is revised to allow publications required by 33 Code of
Federal Regulations (CFR) parts 83, 161, and 164 and various parts of
Title 46 CFR and SOLAS Chapter V regulation 27 to be accessed via web
services. If a mariner uses this NVIC for a publication that must be
available as a ``ready reference'', as cited in 33 CFR parts 83 and
161, the publication must be displayable within 2 minutes.
    The Coast Guard has prepared a Deregulatory Savings Analysis for
NVIC 01-16 Change 2 that identifies and examines the potential costs
and cost savings associated with implementing the new equivalency
determination for carriage. This Deregulatory Savings Analysis is
available in the docket. We request your comments on any concerns that
you may have related to these policy changes or the economic analysis
thereof.
    NVIC 01-16 is not a substitute for applicable legal requirements,
nor is it itself a rule.
    This Notice is published under the authority of 5 U.S.C. 552.

    Dated: September 17, 2019.
R.V. Timme,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention
Policy.
[FR Doc. 2019-20430 Filed 9-19-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 156 (Friday, August 12, 2011)]
[Notices]
[Pages 50320-50323]
[FR Doc No: 2011-20464]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA 2011-0001-N-10]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration, DOT.

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and its
implementing regulations, the Federal Railroad Administration (FRA)
hereby announces that it is seeking renewal of the following currently
approved information collection activities. Before submitting these
information collection requirements for clearance by the Office of
Management and Budget (OMB), FRA is soliciting public comment on
specific aspects of the activities identified below.

DATES: Comments must be received no later than October 11, 2011.

ADDRESSES: Submit written comments on any or all of the following
proposed activities by mail to either: Mr. Robert Brogan, Office of
Safety, Planning and Evaluation Division, RRS-21, Federal Railroad
Administration, 1200 New Jersey Ave., SE., Mail Stop 25, Washington, DC
20590, or Ms. Kimberly Toone, Office of Information Technology, RAD-20,
Federal Railroad Administration, 1200 New Jersey Ave., SE., Mail Stop
35, Washington, DC 20590. Commenters requesting FRA to acknowledge
receipt of their respective comments must include a self-addressed
stamped postcard stating, ``Comments on OMB control number 2130-0008.''
Alternatively, comments may be transmitted via facsimile to (202) 493-
6216 or<PHONE_NUMBER>, or via e-mail to Mr. Brogan at
<EMAIL_ADDRESS>or to Ms. Toone at<EMAIL_ADDRESS>
Please refer to the assigned OMB control number in any correspondence
submitted. FRA will summarize comments received in response to this
notice in a subsequent notice and include them in its information
collection submission to OMB for approval.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Office of Planning
and Evaluation Division, RRS-21, Federal Railroad Administration, 1200
New Jersey Ave., SE., Mail Stop 21, Washington, DC 20590 (telephone:
(202) 493-6292) or Ms. Kimberly Toone, Office of Information
Technology, RAD-20, Federal Railroad Administration, 1200 New Jersey
Ave., SE., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493-
6132). (These telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA),
Public Law. 104-13, Sec.  2, 109 Stat. 163 (1995) (codified as revised
at 44 U.S.C. 3501-3520), and its implementing regulations, 5 CFR part
1320, require Federal agencies to provide 60-days notice to the public
for comment on information collection activities before seeking
approval for reinstatement or renewal by OMB. 44 U.S.C. 3506(c)(2)(A);
5 CFR 1320.8(d)(1), 1320.10(e)(1), 1320.12(a). Specifically, FRA
invites interested respondents to comment on the following summary of
proposed information collection activities regarding (i) whether the
information collection activities are necessary for FRA to properly
execute its functions, including whether the activities will have
practical utility; (ii) the accuracy of FRA's estimates of the burden
of the information collection activities, including the validity of the
methodology and assumptions used to determine the estimates; (iii) ways
for FRA to enhance the quality, utility, and clarity of the information
being collected; and (iv) ways for FRA to minimize the burden of
information collection activities on the public by

automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology (e.g., permitting
electronic submission of responses). See 44 U.S.C. 3506(c)(2)(A)(i)-
(iv); 5 CFR 1320.8(d)(1)(i)-(iv). FRA believes that soliciting public
comment will promote its efforts to reduce the administrative and
paperwork burdens associated with the collection of information
mandated by Federal regulations. In summary, FRA reasons that comments
received will advance three objectives: (i) Reduce reporting burdens;
(ii) ensure that it organizes information collection requirements in a
``user friendly'' format to improve the use of such information; and
(iii) accurately assess the resources expended to retrieve and produce
information requested. See 44 U.S.C. 3501.
    Below is a brief summary of the currently approved information
collection request (ICR) that FRA will submit for clearance by OMB as
required under the PRA:
    Title: Inspection Brake System Safety Standards for Freight and
Other Non-Passenger Trains and Equipment (Power Brakes and Drawbars).
    OMB Control Number: 2130-0008.
    Abstract: Section 7 of the Rail Safety Enforcement and Review Act
of 1992, Public Law No. 102-365, amended Section 202 of the Federal
Railroad Safety Act of 1970 (45 U.S.C. 421, 431 et seq.), empowered the
Secretary of Transportation to conduct a review of the Department's
rules with respect to railroad power brakes and, where applicable,
prescribe standards regarding dynamic brake equipment. In keeping with
the Secretary's mandate and the authority delegated from him to the FRA
Administrator, FRA issued revisions to the regulations governing
freight power brakes and equipment in October 2008 by adding a new
Subpart addressing electronically controlled pneumatic (ECP) brake
systems. The revisions are designed to provide for and encourage the
safe implementation and use of ECT brake system technologies. These
revisions contain specific requirements relating to design,
interoperability, training, inspection, testing, handling defective
equipment and periodic maintenance related to ECP brake systems. The
final rule also identifies provisions of the existing regulations and
statutes where FRA is proposing to provide flexibility to facilitate
the voluntary adoption of this advanced brake system technology. The
collection of information is used by FRA to monitor and enforce current
regulatory requirements related to power brakes on freight cars as well
as the recently added requirements related to ECP brake systems. The
collection of information is also used by locomotive engineers and road
crews to verify that the terminal air brake test has been performed in
a satisfactory manner.
    Form Number(s): None.
    Affected Public: Businesses.
    Respondent Universe: 559 railroads.
    Frequency of Submission: On occasion.
    Affected Public: Businesses.
    Reporting Burden

----------------------------------------------------------------------------------------------------------------
                                                            Total annual       Average time per    Total annual
           CFR Section             Respondent universe       responses             response        burden hours
----------------------------------------------------------------------------------------------------------------
229.27: Annual Tests.............  30,000 Locomotives.  30,000 tests.......  15 minutes.........           7,500
232.3: Applicability--Cars Not     559 Railroads......  8 cards............  10 minutes.........               1
 Used in Service.
232.7: Waivers...................  559 railroads......  20 petitions.......  40 hours...........             800
232.11: Penalties................  559 railroads......  1 false record.....  10 minutes.........             .17
232.15: Movement of Defective      1,620,000 cars/      128,400 tags.......  2.5 minutes........           5,350
 Equipment--Notice of Defective     locos.
 Car/Locomotive and Restrictions.
                                   1,620,000 cars/      25,000 notices.....  3 minutes..........           1,250
                                    locos.
232.17:
    Special Approval Procedure...  559 railroads......  4 petitions........  100 hours..........             400
    Petitions--Pre-Revenue Svc     559 railroads......  2 petitions........  100 hours..........             200
     Plans.
    Copies of Petitions--Special   559 railroads......  4 petitions........  40 hours...........             160
     Approval.
    Statements of Interest.......  Public/Railroads...  14 statements......  8 hours............             112
    Comments on Special Approval   Public/Railroads...  13 comments........  4 hours............              52
     Procedure Petition.
232.103: General Requirements for  114,000 cars.......  70,000 stickers....  10 minutes.........          11,667
 All Train Brakes.
232.105: General Requirements For  30,000 locomotives.  30,000 forms.......  5 minutes..........           2,500
 Locomotives.
232.107:
    Air Source Requirements--      10 new railroads...  1 plan.............  40 hours...........              40
     Plans.
    Amendments to Plan...........  50 Existing Plans..  10 amendment.......  20 hours...........             200
    Record Keeping...............  50 Existing Plans..  1,150 records......  20 hours...........          23,000
232.109:
    Dynamic Br. Requirements--Rcd  559 railroads......  1,656,000 rcd......  4 minutes..........         110,400
    Repair of Inoperative Dynamic  30,000 locomotives.  6,358 records......  4 minutes..........             424
     Brakes.
    Locomotives w/Inoperative      30,000 locomotives.  6,358 tags.........  30 seconds.........              53
     Dynamic Br.
    Deactivated Dynamic Brakes:    8,000 locomotives..  10 markings........  5 minutes..........               1
     Markings.
    Rule Safe Train Handling       5 new railroads....  5 oper. rules......  4 hours............              20
     Procedures.
    Amendments...................  559 railroads......  15 amendment.......  1 hour.............              15
    Over Speed Top Rules--5 MPH    559 railroads......  5 requests.........  20.5 hours.........             103
     Increase.
    Locomotive Engineer            5 new railroads....  5 amendments.......  16 hours...........              80
     Certification Programs--
     Dynamic Brakes Training.
232.111:
    Train Information Handling...  5 new railroads....  5 procedures.......  40 hours...........             200
    Amendments...................  100 railroads......  100 am. proc.......  20 hours...........           2,000
    Reports to Train Crews.......  559 railroads......  2,112,000 rpts.....  10 minutes.........         352,000
232.203:
    Training Requirements:         15 railroads.......  5 programs.........  100 hours..........             500
     Training Programs--
     Subsequent Years.
    Amendments to Written Program  559 railroads......  559 am. prog.......  8 hours............           4,472

    Training Records.............  559 railroads......  67,000 records.....  8 minutes..........           8,933
    Training Notifications.......  559 railroads......  67,000 notices.....  3 minutes..........           3,350
    Validation/Assessment Plans..  559 railroads......  1 plan +559 copies.  40 hrs./1 min......              49
    Amendments to Validation/      559 railroads......  50 amendment.......  20 hours...........           1,000
     Assessment Plans.
232.205: Class I Brake Test--      559 railroads......  1,646,000 notices..  45 seconds.........          20,575
 Initial Terminal Insp.
232.207:
    Class I A Brake Tests: 1000    559 railroads......  25 designations....  30 minutes.........              13
     Mile Insp.
    Subsequent Years.............  559 railroads......  1 designation......  1 hour.............               1
    Amendments...................  559 railroads......  5 amendments.......  1 hour.............               5
232.209: Class II Brake Tests--    559 railroads......  1,600,000 comments.  3 seconds..........           1,333
 Intermediate Insp.
232.213:
    Extended Haul Trains--         84,000 train         100 designations...  15 minutes.........              25
     Designations.                  movements.
    Records......................  84,000 train         25,200 records.....  20 minutes.........           8,400
                                    movements.
232.303:
    General Requirements--Track    1,600,000 freight    5,600 tags.........  5 minutes..........             467
     Brake Test.                    cars.
    Location of Last Track Brake   1,600,000 freight    320,000 stenciling.  5 minutes..........          26,667
     Test/Single Car Test.          cars.
232.305: Single Car Tests........  1,600,000 freight    320,000 tests/rcds.  45 minutes.........         240,000
                                    cars.
232.309: Equipment and Devices--   640 shops..........  5,000 tests........  30 minutes.........           2,500
 Tests/Calibrations.
232.403: Design Standards For One- 245 railroads......  12 requests........  5 minutes..........               1
 way EOT Devices--Unique Code.
232.407: Operations Requiring 2-   245 railroads......  50,000 commun......  30 seconds.........             417
 Way EOTs.
232.409:
    Inspection and Testing of 2-   245 railroads......  450,000 commun.....  30 seconds.........           3,750
     Way EOTs.
Testing Telemetry Equipment        245 railroads......  32,708 markings....  60 seconds.........             545
232.503:
    Process to Introduce New       559 railroads......  1 request/letter...  60 minutes.........               1
     Brake System Technology--
     Special Approval.
    Pre-Revenue Service            559 railroads......  1 request..........  3 hours............               3
     Demonstration.
232.505:
    Pre-Revenue Service            559 railroads......  1 procedure........  160 hours..........             160
     Acceptance Testing Plan:
     Maintenance Procedure--1st
     Year.
    Subsequent Years.............  559 railroads......  1 amendment........  40 hours...........              40
    Amendments...................  559 railroads......  1 petition.........  67 hours...........              67
    Design Descriptions--          559 railroads......  1 report...........  13 hours...........              13
     Petitions.
    Results Pre-Revenue Service    559 railroads......  5 descriptions.....  40 hours...........             200
     Acceptance Testing.
    Description of Brake Systems
     Technologies Previously Used
     in Revenue Service.
232.603:
    ECP Requirements Brakes--      4 railroads........  1 plan.............  160 hours..........             160
     Configuration Management
     Plans.
    Updated Plans in Subsequent    4 railroads........  1 plan.............  160 hours..........             160
     Years.
    Modification of Standards--    4 railroads........  1 request + 4        8 hours + 5 minutes               8
     Requests.                                           copies.
    RR Statement Affirming Copy    4 railroads........  4 statements + 24    60 minutes + 5                    6
     of Modification Request to                          copies.              minutes.
     Employee Reps.
    Comments on Modification       Public/Interested    4 comments.........  2 hours............               8
     Request.                       Parties.
232.605:
    ECP Training Programs........  4 railroads........  4 programs.........  100 hours..........             400
    Programs in Subsequent Years.  4 railroads........  2 programs.........  100 hours..........             200
    ECP Trained Employees........  4 railroads........  6,409 empl.........  8 hrs./24 hrs......          10,512
    ECP Trained Employees--        4 railroads........  6,409 empl.........  1 hr./8 hrs........          30,264
     Subsequent Yr.
    ECP Trained Employees--        4 railroads........  6,409 records......  4 minutes..........             855
     Records.
    ECP Trained Employees--Sub.    4 railroads........  6,409 records......  4 minutes..........             428
     Records.
    RR/Contractor Assessment of    4 railroads........  4 amended plans....  40 hours...........             160
     ECP Training Programs--
     Amended Plans.
232.607:
    ECP Trains Inspection/Testing  4 railroads........  10,000 tests +       90 minutes + 45              15,125
                                                         10,000 notices.      seconds.
    Notification to Locomotive
     Engineer:
    Cars Added en Route--Tests/    4 railroads........  1,000 tests + 1,000  60 minutes + 45               1,006
     Notifications.                                      notices.             seconds.
    Non-ECP Cars Added--           2000 Cars..........  200 insp. + 400      5 minutes + 2.5                  34
     Inspections and Tagging of                          tags.                minutes.
     Defective Equipment.
232.609:

    Handling of Defective          25 Cars............  50 tags............  2.5 minutes........               2
     Equipment w/ECP Brake
     Systems--Tagging.
    Train in ECP Mode w/Less Than  20 Cars............  20 insp. + 40 tags.  5 minutes + 2.5                   3
     85% of Cars w/Operative                                                  minutes.
     Brakes--Insp. + Tagging.
    Freight Cars w/ECP Systems     75 Cars............  150 tags...........  2.5 minutes........               6
     Found with Defective Non-
     Safety Appliance--Tagging.
    Conventional Train Operating   500 Cars...........  1,000 tags.........  2.5 minutes........              42
     with ECP Stand Alone Brake
     Systems--Tagging.
    Procedures for Handling ECP    4 railroads........  4 procedures.......  24 hours...........              96
     Brake System Repairs.
    Submission to FRA of ECP       4 railroads........  4 lists............  8 hours............              32
     Brake System Repair
     Locations--Lists.
    Notice to FRA of Change in     4 railroads........  1 notification.....  60 minutes.........               1
     List.
232.611:
    Periodic Maintenance           500 freight Cars...  500 inspection and   10 minutes.........              83
     Inspection and Repair of ECP                        records.
     Cars Before Release from
     Repair Shop or Track.
    Petitions for Special          AAR................  1 petition + 2       24 hours + 5                     24
     Approval of Pre-Revenue                             copies.              minutes.
     Service Acceptance Testing
     Plan.
    Single Car Brake Test on ECP   2,500 freight Cars.  2,500 tests/Records  45 minutes.........           1,875
     Retrofitted Cars.
    Modification of Single Car     AAR................  1 procedure........  40 hours...........              40
     Test Standard.
----------------------------------------------------------------------------------------------------------------

    Total Responses: 8,677,078.
    Total Estimated Total Annual Burden: 990,276 hours.
    Status: Regular Review.
    Pursuant to 44 U.S.C. 3507(a) and 5 CFR 1320.5(b),
1320.8(b)(3)(vi), FRA informs all interested parties that it may not
conduct or sponsor, and a respondent is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.

    Authority: 44 U.S.C. 3501-3520.

    Issued in Washington, DC on August 5, 2011 .
Kimberly Coronel,
Director, Office of Financial Management, Federal Railroad
Administration.
[FR Doc. 2011-20464 Filed 8-11-11; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: October 29, 2010 (Volume 75, Number 209)]
[Notices]
[Page 66748-66749]
[DOCID:fr29oc10-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 2

October 25, 2010.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP10-1009-002.
    Applicants: Carolina Gas Transmission Corporation.

    Description: Carolina Gas Transmission Corporation submits tariff
filing per 154.203: Order 587-U Compliance Filing (NAESB Vs. 1.9) to be
effective 11/1/2010.
    Filed Date: 10/22/2010.
    Accession Number: 20101022-5099.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 03, 2010.

    Docket Numbers: RP10-658-001.
    Applicants: ANR Pipeline Company.
    Description: ANR Pipeline Company submits tariff filing per
154.203: RP10-658 Compliance to be effective 4/28/2010.
    Filed Date: 10/22/2010.
    Accession Number: 20101022-5035.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 03, 2010.

    Docket Numbers: RP10-772-001.
    Applicants: Blue Lake Gas Storage Company.
    Description: Blue Lake Gas Storage Company submits tariff filing
per 154.203: RP10-772 Compliance to be effective 5/27/2010.
    Filed Date: 10/22/2010.
    Accession Number: 20101022-5073.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 03, 2010.

    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed on or before 5 p.m. Eastern time on the specified comment
date. Anyone filing a protest must serve a copy of that document on all
the parties to the proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons
unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-27345 Filed 10-28-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 171 (Tuesday, September 4, 2012)]
[Notices]
[Pages 53955-53957]
[FR Doc No: 2012-21635]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67737; File No. SR-NYSEArca-2012-93]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Deleting NYSE Arca
Equities Rule 4.3(c) and Adopting New Rules 2262 and 2269 To Harmonize
With the Rules of New York Stock Exchange LLC, NYSE MKT LLC, and
Financial Industry Regulatory Authority, Inc.

August 28, 2012.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on August 16, 2012, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to delete NYSE Arca Equities Rule 4.3(c) and
adopt new Rules 2262 and 2269 to harmonize with the rules of New York
Stock Exchange LLC (``NYSE''), NYSE MKT LLC (``NYSE MKT''), and
Financial Industry Regulatory Authority, Inc. (``FINRA''). The text of
the proposed rule change is available on the Exchange's Web site at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those 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 parts of such statements.

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

1. Purpose
    The Exchange proposes to delete NYSE Arca Equities Rule 4.3(c) and
to adopt new Rules 2262 and 2269 to harmonize with the rules of New
York Stock Exchange LLC (``NYSE''), NYSE MKT LLC (``NYSE MKT''), and
Financial Industry Regulatory Authority, Inc. (``FINRA'').\4\ To
harmonize the Exchange Rules with the rules of NYSE, NYSE MKT, and
FINRA, the Exchange correspondingly proposes to delete NYSE Arca
Equities Rule 4.3(c) and replace it with proposed NYSE Arca Equities
Rules 2262 and 2269. As proposed, NYSE Arca Equities Rules 2262 and
2269 adopt the same language as FINRA Rules 2262 and 2269, except for
substituting for or adding to, as needed, the term ``ETP Holder'' for
the term ``member'', and making corresponding technical changes.\5\
---------------------------------------------------------------------------

    \4\ See NYSE Rules 2262, 2269; NYSE MKT Rules 2262--Equities,
2269--Equities; and FINRA Rules 2262, 2269. See also Securities
Exchange Act Release Nos. 60659 (September 11, 2009), 74 FR 48117
(September 21, 2009) (order approving SR-FINRA-2009-44); 61176
(December 16, 2009), 74 FR 68442 (December 24, 2009) (SR-NYSE-2009-
125); and 61179 (December 16, 2009), 74 FR 68440 (December 24, 2009)
(SR-NYSEAmex-2009-89).
    \5\ These changes to FINRA Rules 2262, 2269 are consistent with
the changes done by NYSE and NYSE MKT. See supra note 4.
---------------------------------------------------------------------------

    Current NYSE Arca Equities Rule 4.3(c) states that an ETP Holder
shall not trade in (except on an unsolicited basis) or make
recommendations with respect to its own securities or those of its
parents or affiliates (other than registered investment companies) and
any parents or affiliates of an ETP Holder shall not trade in (except
on an unsolicited basis) or make recommendations with respect to its
own securities or those of its affiliates, or those of the ETP Holder
(other than registered investment companies). While the current NYSE
Arca Equities Rule 4.3(c) restricts the trading and recommendation
activities of the ETP Holder with respect to its own securities or
those of its parents or affiliates, the rule does not cover
transactions beyond those involving securities of parent or affiliate
and does not contain a written disclosure requirement that is
consistent with Rules 15c1-5 and 15c1-6 of the Act.\6\
---------------------------------------------------------------------------

    \6\ See 17 CFR 240.15c1-5 and 17 CFR 240.15c1-6.
---------------------------------------------------------------------------

    In 2009, FINRA adopted NASD Rules 2240 (Disclosure of Control
Relationship

with Issuer) and 2250 (Disclosure of Participation or Interest in
Primary or Secondary Distribution) as consolidated FINRA Rules 2262 and
2269, respectively.\7\ FINRA Rule 2262 requires that a FINRA member
with a control relationship with the issuer of any security provide
disclosure of such control before entering into any contract with or
for a customer for the purchase or sale of a security of the issuer.
FINRA Rule 2269 requires that a FINRA member that is participating in a
primary or secondary distribution or otherwise is financially
interested, provide notification to a customer for which it is acting
as a broker or dealer with respect to such securities of the existence
of such participation or interest. In its filing, FINRA noted that the
requirements of FINRA Rules 2262 and 2269 are almost identical to Rules
15c1-5 and 15c1-6 under the Act, respectively. FINRA further noted that
FINRA Rules 2262 and 2269 would operate to protect customers without
regard as to whether or not a member makes a recommendation on a
security to a customer. In addition, FINRA noted that FINRA Rules 2262
and 2269 require disclosure in transactions involving securities beyond
those issued by a subsidiary of the member.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 60659 (September 11,
2009), 74 FR 48117 (September 21, 2009) (SR-FINRA-2009-044).
---------------------------------------------------------------------------

    As proposed, because NYSE Arca Equities Rule 4.3(c) covers the same
topic as FINRA Rules 2262 and 2269, the Exchange would delete NYSE Arca
Equities Rule 4.3(c) and replace it with new Rules 2262 and 2269.\8\ As
such, the Exchange would replace the existing restrictions with a
written disclosure requirement applicable to a broader range of
transactions that allows customers to make informed decisions on
whether to trade the securities. By adopting new Rules 2262 and 2269,
the proposal would also extend the written disclosure requirement to
securities transactions currently not covered by NYSE Arca Equities
Rule 4.3(c). In contrast to NYSE Arca Equities Rule 4.3(c), the
proposed changes will impose disclosure requirements in situations
where there is either a control relationship or where the ETP Holder
has an interest or participation in a distribution.\9\ Thus, the new
language will broaden the protection of the Exchange Rules through both
additional written disclosure requirements and extension to securities
transactions not currently covered by current Rule 4.3(c).
---------------------------------------------------------------------------

    \8\ Neither FINRA, NYSE, NYSE MKT or any other exchange has a
rule based on the language of NYSE Arca Equities Rule 4.3(c).
    \9\ The proposal has no impact on the other requirements in
Exchange Rules that apply to ETP Holders, including NYSE Arca
Equities Rule 6.3. See NYSE Arca Equities Rule 6.3.
---------------------------------------------------------------------------

    The Exchange believes that proposed NYSE Arca Equities Rules 2262
and 2269 would broaden protection of its Rules in a manner that will
better protect customers through the additional disclosure requirements
that the new proposed rules prescribe. In addition, by harmonizing the
rules with FINRA, ETP Holders that are also members of FINRA will be
subject to a single standard with respect to disclosure of trading or
recommending securities in which an ETP Holder has an interest.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Act \10\ in general, and furthers the objectives of
Section 6(b)(5) of the Act,\11\ in that it is designed to promote just
and equitable principles of trade, remove impediments to and perfect
the mechanisms of a free and open market and a national market system
and, in general, to protect investors and the public interest. The
proposed rule changes also support the principles of Section 11A(a)(1)
\12\ of the Act in that they seek to ensure the economically efficient
execution of securities transactions and fair competition among brokers
and dealers and among exchange markets.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
    \12\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

    The proposed changes are designed to protect investors and the
public interest by broadening the protection of its Rules in a manner
that will better protect customers whether or not a member or member
organization makes a recommendation on a security for a customer and
providing additional disclosures of potential conflicts of interest in
transactions on the Exchange. With the additional disclosures of
potential conflicts of interest in transactions where an ETP Holder is
involved, the Exchange believes that investors will be better protected
by being able to make more informed investment decisions and thus
promote just and equitable principles of trade on the Exchange.
    In addition, the Exchange believes that the proposed rule change
supports the objectives of the Act by providing greater harmonization
among Exchange Rules and the rules of NYSE, NYSE MKT, and FINRA of
similar purpose, resulting in less burdensome and more efficient
regulatory compliance for Dual Members. To the extent the Exchange has
proposed changes that differ from the FINRA version of the Rules, such
changes are technical in nature and do not change the substance of the
proposed NYSE Rules.

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.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \14\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \15\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\16\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing.
---------------------------------------------------------------------------

    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2012-93 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2012-93. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of NYSE Arca. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2012-93 and should
be submitted on or before September 25, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-21635 Filed 8-31-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 79 (Wednesday, April 24, 2013)]
[Rules and Regulations]
[Pages 24069-24071]
[FR Doc No: 2013-09709]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0200]
RIN 1625-AA00

Safety Zone; 12th Annual Saltwater Classic; Port Canaveral
Harbor; Port Canaveral, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Port Canaveral Harbor in Port Canaveral, Florida during
the 12th Annual Saltwater Classic. The event is scheduled to take place
on Saturday, April 27, 2013. This temporary safety zone is necessary
for the safety of participant vessels, spectators, and the general
public during the event. Persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
safety zone unless authorized by the Captain of the Port Jacksonville
or a designated representative.

DATES: This rule is effective from 2 p.m. to 6 p.m. on April 27, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0200. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Robert Butts, Sector Jacksonville
Office of Waterways Management, U.S. Coast Guard; telephone (904) 564-
7563, email<EMAIL_ADDRESS>If you have questions on viewing
or submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Regulatory History and Information

    The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. The needs of
this event were not determined until March 20, 2013, leaving
insufficient time to undertake notice and comment. Approximately 750
vessels may participate in the fishing tournament, resulting in heavy
vessel traffic within Port Canaveral Harbor. This event will occur on
April 27, 2013, and temporary final rule is necessary to ensure the
safety of life and vessels during the 12th Annual Saltwater Classic.
    For the same reason discussed above, under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register because it
is impracticable and contrary to the public interest to delay this
rule.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to ensure the safety of life and vessels
on a navigable waterway of the United States during the 12th Annual
Saltwater Classic.
    On April 27, 2013, the Cox Events Group and K92.3-FM will host a
fishing tournament offshore of Port Canaveral, FL. This temporary final
rule establishes a safety zone in parts of Port Canaveral Harbor.
Approximately 750 vessels may participate in the fishing tournament,
resulting in heavy vessel traffic within Port Canaveral Harbor. This
safety zone extends approximately 1100 yards west from Freddie Patrick
Park and extends to the north 90 yards from the shoreline.

C. Discussion of the Final Rule

    The safety zone is necessary to protect the tournament participants
as well as other commercial traffic and the general public from traffic
congestion associated with the tournament weigh-in. The safety zone
will be enforced from 2 p.m. until 6 p.m. on April 27, 2013.
    All persons and vessels not participating in the tournament weigh-
in are prohibited from entering, transiting though, anchoring in, or
remaining within the safety zone, unless authorized by the Captain of
the Port Jacksonville or a designated representative. Persons and
vessels may request authorization to enter, transit through, anchor in,
or remain within the safety zone by contacting the Captain of the Port
Jacksonville by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the event area is granted by the Captain of the Port Jacksonville or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Jacksonville or a designated representative. The Coast Guard will
provide notice of the safety zone by Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representative.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the
following reasons: (1) The safety zone will be enforced for only four
hours for one day; (2) although persons and vessels not participating
in the event will not be able to enter the safety zone without
authorization from the Captain of the Port Jacksonville or a designated
representative, they may operate in the surrounding area during the
enforcement periods; (3) persons and vessels may still enter the event
area during the enforcement period if authorized by the Captain of the
Port Jacksonville or a designated representative; and (4) the Coast
Guard will provide advance notification of the safety zone to the local
maritime community by Local Notice to Mariners and Broadcast Notice to
Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule may affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to enter,
transit through, anchor in, or remain within that portion of the Port
Canaveral Harbor encompassed within the safety zone from 2 p.m. until 6
p.m., on April 27, 2013.
    For the reasons discussed in the Regulatory Planning and Review
section above, this rule will not have a significant economic impact on
a substantial number of small entities.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security

Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves establishing a temporary safety zone
that will be enforced for a total of four hours. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T07-0200 to read as follows:

Sec.  165.T07-0200  Safety Zone; 12th Annual Saltwater Classic, Port
Canaveral Harbor; Port Canaveral, FL.

    (a) Regulated Area. The following regulated area is a safety zone.
All waters within the following points: starting at Point 1 in position
28[deg]24[min]32[sec] N, 080[deg]37[min]22[sec] W, then north to Point
2 28[deg]24[min]35[sec] N, 080[deg]37[min]22[sec] W, then due east to
Point 3 at 28[deg]24[min]35[sec] N, 080[deg]36[min]45[sec] W, then
south to Point 4 at 28[deg]24[min]32[sec] N, 080[deg]36[min]45[sec],
then west back to the original point.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Jacksonville in the enforcement of the regulated
area.
    (c) Regulations.
    (1) All persons and vessels not participating in the 12th Annual
Saltwater Classic are prohibited from entering, transiting through,
anchoring in, or remaining within the regulated area unless authorized
by the Captain of the Port Jacksonville or a designated representative.
    (2) Persons and vessels who are not participating in the 12th
Annual Saltwater Classic who desire to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Jacksonville by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Jacksonville
or a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Jacksonville or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Enforcement Period. This rule is will be enforced from 2 p.m.
to 6 p.m. on April 27, 2013.

    Dated: April 16, 2013.
T.G. Allan, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2013-09709 Filed 4-23-13; 8:45 am]
BILLING CODE 9110-04-P