[Federal Register Volume 78, Number 38 (Tuesday, February 26, 2013)]
[Notices]
[Pages 13127-13130]
[FR Doc No: 2013-04358]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68958; File No. SR-NYSE-2013-14]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Extending the Temporary Suspension of Those Aspects of Rules 36.20 and
36.21 That Would Not Permit Floor Brokers To Use Personal Portable
Phone Devices on the Trading Floor Following the Aftermath of Hurricane
Sandy Until the Earlier of When Phone Service Is Fully Restored or
Friday, March 29, 2013

February 20, 2013.
    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 February 15, 2013, New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') 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 self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 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 extend the temporary suspension of those
aspects of Rules 36.20 and 36.21 that would not permit Floor brokers to
use personal portable phone devices on the Trading Floor following the
aftermath of Hurricane Sandy until the earlier of when phone service is
fully restored or Friday, March 29, 2013. 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, the Proposed Rule Change

1. Purpose
    On Thursday, November 1, 2012, the Exchange filed a rule proposal
to temporarily suspend those aspects of Rules 36.20, 36.21, and 36.30
that would not permit Floor brokers and Designated Market Makers
(``DMMs'') to use personal portable phone devices on the Trading Floor
\4\ following the aftermath of Hurricane Sandy and during the period
that phone service was not fully functional.\5\ Pursuant to that
filing, all other aspects of those rules remained applicable and the
temporary suspensions of Rule 36 requirements were in effect beginning
the first day trading resumed following Hurricane Sandy until Friday,
November 2, 2012.
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    \4\ Pursuant to Rule 6A, the Trading Floor is defined as the
restricted-access physical areas designated by the Exchange for the
trading of securities, but does not include the physical locations
where NYSE Amex Options are traded.
    \5\ See Securities Exchange Act Release No. 68137 (Nov. 1,
2012), 77 FR 66893 (Nov. 7, 2012) (SR-NYSE-2012-58).
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    On November 5, 2012, although power had been restored to the
downtown Manhattan vicinity, other services were not yet fully
operational. Among other things, the telephone services provided by
third-party carriers to the Exchange were still not fully operational
on the Trading Floor, which continued to impact the ability of Floor
members to communicate from the Trading Floor as permitted by Rule 36.
Accordingly, the Exchange filed to extend the temporary suspension of
those aspects of Rules 36.20, 36.21, and 36.30 that would not permit
Floor brokers and DMMs to use personal portable phone devices on the
Trading Floor to the earlier of phone service being restored or
November 9, 2012,\6\ which was subject to the same terms and conditions
of the temporary suspension filed for October 31, 2012 through November
2, 2012, including the record retention requirements related to any use
of personal portable phones.\7\ On November 9, 2012, the Exchange filed
an additional extension of the temporary suspension of those aspects of
Rules 36.20 and 36.21 that would not permit Floor brokers to use
personal portable phone devices on the Trading Floor to the earlier of
phone service being restored or November 16, 2012, again subject to the
same terms and conditions of the original temporary suspension that was
filed.\8\ On November 19, 2012, the Exchange filed to extend the
temporary suspension of those aspects of Rules 36.20 and 36.21 that
would not permit Floor brokers to use personal portable phone devices
on the Trading Floor to the earlier of when phone service is fully
restored or Friday, December 14, 2012, again subject to the same terms
and conditions of the original temporary suspension that was filed.\9\
The continued extension of the temporary suspension was needed because
of the ongoing intermittent phone and internet service. Specifically,
the wired telephone lines and internet connections for Floor brokers
continued to not be functional, many Exchange authorized and provided
portable phones continued to not be functional and therefore Floor
brokers still could not consistently use the Exchange authorized and
provided portable phones, pursuant to Rules 36.20 and 36.21. On
December 13, 2012, the Exchange filed to extend the temporary
suspension of those aspects of Rules 36.20 and 36.21 that would not
permit Floor brokers to use personal portable phone devices on the
Trading Floor to the earlier of when phone service is fully restored or
Friday, January 18, 2013, again subject to the same terms and
conditions of the original temporary suspension that was filed.\10\ On
January 18, 2013, the Exchange filed to extend the temporary suspension
of those aspects of Rules 36.20 and 36.21 that would not permit Floor
brokers to use personal portable phone devices on the Trading Floor to
the earlier of when phone service is fully restored or Friday, February
15, 2013, again subject to the

same terms and conditions of the original temporary suspension that was
filed.\11\ The Exchange now seeks another extension of the temporary
suspension of those aspects of Rules 36.20 and 36.21 because of ongoing
telephone and internet issues.
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    \6\ See Securities Exchange Act Release No. 68161 (Nov. 5,
2012), 77 FR 67704 (Nov. 12, 2012) (SR-NYSE-2012-61).
    \7\ See supra note 5 (notice that describes the terms and
conditions of the temporary suspension).
    \8\ See Securities Exchange Act Release No. 68211 (Nov. 9,
2012), 77 FR 69534 (Nov. 19, 2012) (SR-NYSE-2012-64). Because the
telephone lines for the DMMs were operational, the Exchange did not
need to extend the temporary suspension of Rule 36.30 as it related
to DMMs.
    \9\ See Securities Exchange Act Release No. 68271 (Nov. 20,
2012), 77 FR 70862 (Nov. 27, 2012) (SR-NYSE-2012-67). Relief was not
extended for DMMs. See infra note 13.
    \10\ See Securities Exchange Act Release No. 68452 (Dec. 17,
2012), 77 FR 75683 (Dec. 21, 2012) (SR-NYSE-2012-73). Relief was not
extended for DMMs. See infra note 13.
    \11\ See Securities Exchange Act Release No. 68704 (January 22,
2013), 78 FR 5851 (January 28, 2013) (SR-NYSE-2013-06). Relief was
not extended for DMMs. See infra note 13.
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    The Exchange has been advised by its third-party carrier that the
damage to the telephone connections continues to be more extensive than
previously anticipated. In addition, there has been damage to the
internet connections available to Floor brokers on the Trading Floor,
which has adversely impacted service. In particular, the Exchange notes
that the lines that support both the wired and wireless phone
connections and internet connections for the Floor brokers are based in
an area of lower Manhattan that suffered extensive damage as a result
of Hurricane Sandy. The type of damage that was sustained will, in some
cases, require the third-party carrier to rebuild the infrastructure
that supports these services, rather than engage in repairs of existing
lines. The process of rebuilding the infrastructure has been
incrementally slow without significant improvement since the last
extension request. While such rebuilding and repairs are in process,
the telephone line and internet connections for Floor brokers still are
not fully operational and may not be for another month, given the type
of work that needs to be completed to restore the telephone services.
    Because of the ongoing intermittent phone and internet service,
many Exchange authorized and provided portable phones continue to not
be functional and therefore many Floor brokers still cannot
consistently use the Exchange authorized and provided portable phones,
pursuant to Rules 36.20 and 36.21. In addition, many of the wired
telephone lines and internet connections for Floor brokers continue to
not be functional. In certain instances, however, the personal cell
phones of Floor brokers are operational on the Trading Floor. The
Exchange believes that because communications with customers is a vital
part of a Floor broker's role as agent and therefore contributes to
maintaining a fair and orderly market, during the period when phone and
internet service continues to be intermittent, Floor brokers should be
permitted to use personal portable phone devices in lieu of the non-
operational Exchange authorized and provided portable phones, wired
phone lines, or internet connections.\12\
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    \12\ To the extent that Exchange-approved telephone or
electronic communications are operational, Floor brokers must use
those connections rather than use a personal portable phone.
Specifically, the Exchange states that Floor brokers must return to
pre-Hurricane Sandy communications at any point when service is
restored even if temporary.
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    Accordingly, the Exchange proposes to extend the temporary
suspension of those aspects of Rules 36.20 and 36.21 that would not
permit Floor brokers to use personal portable phone devices on the
Trading Floor to the earlier of when phone service is fully restored or
Friday, March 29, 2013.\13\ As noted above, the process of rebuilding
the infrastructure has been incrementally slow without significant
improvement since the last extension request. However, the Exchange
believes that there will be significant improvement in the near future.
The third-party carrier recently advised the Exchange that during the
next month both the telephone and the internet connections will be
restored to Floor brokers on the Trading floor. The Exchange proposes
that the extension of the temporary suspension of those aspects of
Rules 36.20 and 36.21 to permit use of the personal portable phones by
Floor brokers on the Trading Floor be pursuant to the same terms and
conditions of the temporary suspension filed for October 31, 2012
through November 2, 2012, including the record retention requirements
related to any use of personal portable phones.\14\
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    \13\ Consistent with the existing relief, [sic] Exchange is not
proposing to provide any relief to DMMs in this proposal. Because
phone service to DMMs has been restored, the existing relief does
not provide for a temporary suspension of Rule 36.30--Equities
[sic], which prohibits DMMs from using personal portable phones on
the Trading Floor. Similarly, because the off-Floor locations for
DMMs have been restored, the existing relief does not provide for
the temporary suspension for DMMs to be permitted to communicate
with off-Floor personnel who may not be located at their regular
physical location. The Exchange is not proposing to provide such
relief in this proposal. See supra notes 5 and 6 (notices describing
the relief previously requested for DMMs).
    \14\ See supra note 5 (notice that describes the terms and
conditions of the temporary suspension).
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    In particular, as set forth in the prior filings, Floor brokers
that use a portable personal phone must provide the Exchange with the
names of all Floor-based personnel who used personal portable phones
during this temporary suspension period, together with the phone number
and applicable carrier for each number. Floor broker member
organizations must maintain in their books and records all cell phone
records that show both incoming and outgoing calls that were made
during the period that a personal portable phone was used on the
Trading Floor. To the extent the records are unavailable from the
third-party carrier, the Floor broker member organizations must
maintain contemporaneous records of all calls made or received on a
personal portable phone while on the Trading Floor. As with all member
organization records, such cell phone records must be provided to
Exchange regulatory staff, including without limitation staff of the
Financial Industry Regulatory Authority (``FINRA''), on request.
    In addition, to the extent that personal portable phones are used
to replicate internet connections previously approved pursuant to Rule
36 that are not operational on the Trading Floor because of damage
sustained by Hurricane Sandy, such use is subject to the same
requirements that would otherwise be applicable, including record-
retention requirements. This emergency relief is solely meant to
maintain the status quo to the extent provided in Rule 36 and not
intended to broaden the scope of the activities allowed pursuant to the
Rule (e.g., accessing internet only at the booth). As with all member
organization records, such cell phone data records must be provided to
Exchange regulatory staff, including without limitation staff of FINRA,
on request. To the extent that Exchange-approved telephone or
electronic communications are operational, Floor brokers must use those
connections rather than use a personal portable phone. Specifically,
the Exchange states that Floor brokers must return to pre-Hurricane
Sandy communications at any point when service is restored even if
temporary.
    As noted above, because the Exchange is dependent on third-party
carriers for both wired and wireless phone service and internet
connections on the Trading Floor, the Exchange does not know how long
the proposed temporary suspension of Rules 36.20 and 36.21 will be
required. However, based on current estimates, the Exchange understands
that phone service may be fully restored during the next month.
    Accordingly, the Exchange proposes that the extension of the
temporary suspensions of those aspects of Rule 36 that do not permit
Floor brokers to use personal portable phones on the Trading Floor
continue until the earlier of when phone service is fully restored or
Friday, March 29, 2013.\15\
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    \15\ The Exchange will provide notice of this rule filing to
Floor brokers, including the applicable recordkeeping and other
requirements. If telephone service is fully restored prior to March
29, 2013, the Exchange will notify Floor brokers that the temporary
suspension of those aspects of Rule 36 that do not permit the use of
personal portable phones on the Trading Floor has expired as of the
time that phone service is fully restored.

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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\16\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\17\ in particular, in that it
is 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 facilitating
transactions in securities, and to remove impediments to and perfect
the mechanism of a free and open market and a national market system.
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    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(5).
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    In particular, in the aftermath of Hurricane Sandy, while the
Exchange was able to open for trading, many of the services that the
Exchange depends on from third-party carriers, such as wired and
wireless telephone connections, are not fully restored. The Exchange
believes that the proposed extension of the temporary suspensions from
those aspects of Rule 36 that restrict Floor broker's use of personal
portable phones on the Trading Floor removes impediments to and
perfects the mechanism of a free and open market and national market
system because the proposed relief will enable Floor brokers to conduct
their regular business, notwithstanding the ongoing issues with
telephone service. The Exchange further believes that without the
requested relief, Floor brokers would be compromised in their ability
to conduct their regular course of business on the Trading Floor, which
could adversely impact the market generally and investor confidence
during this time of unprecedented weather disruptions. In particular,
for Floor brokers, because they operate as agents for customers, their
inability to communicate with customers could compromise their ability
to represent public orders on the Trading Floor.

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 extension of
the temporary suspensions of those aspects of Rules 36.20--Equities and
36.21--Equities that would not permit Floor brokers to use personal
portable phone devices on the Trading Floor is in direct response to
damages in the aftermath of Hurricane Sandy. The proposed relief will
enable Floor brokers to conduct their regular business, notwithstanding
the ongoing issues with telephone service, and thus should not have any
burden on competition.

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 \18\ and Rule 19b-4(f)(6) thereunder.\19\
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.
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    \18\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \19\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) \20\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\21\ 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. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest. The Commission notes
that doing so will allow the Exchange to continue uninterrupted, for
Floor brokers, the emergency temporary relief necessitated by Hurricane
Sandy's disruption of telephone service, as described herein and in the
Exchange's prior filings seeking such relief, and to help maintain the
status quo, until the earlier of when phone service for Floor brokers
is fully restored or March 29, 2013. Therefore, the Commission hereby
waives the 30-day operative delay and designates the proposal operative
upon filing.\22\
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    \20\ 17 CFR 240.19b-4(f)(6).
    \21\ 17 CFR 240.19b-4(f)(6)(iii).
    \22\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    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. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \23\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \23\ 15 U.S.C. 78s(b)(2)(B).
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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-NYSE-2013-14 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2013-14. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be

available for Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street NE., Washington, DC 20549, on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
the filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSE-2013-14 and should be submitted on or before March
19, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
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    \24\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-04358 Filed 2-25-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Notices]
[Page 54779]
[FR Doc No: 2011-22464]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2011-0014; OMB No. 1660-0020]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request, Write Your Own (WYO) Program

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: The Federal Emergency Management Agency (FEMA) has submitted
the following information collection to the Office of Management and
Budget (OMB) for review and clearance in accordance with the
requirements of the Paperwork Reduction Act of 1995. The submission
describes the nature of the information collection, the categories of
respondents, the estimated burden (i.e., the time, effort and resources
used by respondents to respond) and cost, and includes the actual data
collection instruments FEMA will use.

SUPPLEMENTARY INFORMATION:
    Title: Write Your Own (WYO) Program.
    OMB Number: 1660-0020.
    Abstract: FEMA enters into arrangements with individual private
sector insurance companies that are licensed to engage in the business
of property insurance. These companies may offer flood insurance
coverage to eligible property owners utilizing their customary business
practices. WYO Companies are expected to meet the recording and
reporting requirements of the WYO Transaction Record Reporting and
Processing Plan.
    Affected Public: Business or other for-profit.
    Number of Respondents: 88.
    Estimated Time per Respondent: 0.59 hours.
    Estimated Total Annual Burden Hours: 623 hours.
    Frequency of Response: Monthly.
    Comments: Interested persons are invited to submit written comments
on the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to Desk Officer for the Department of Homeland Security,
Federal Emergency Management Agency, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>. Comments must
be submitted on or before October 3, 2011.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Records Management Division, 500 C Street, SW., Washington, DC 20472,
Mail Drop Room 301, 1800 S. Bell Street, Arlington, VA 22202, facsimile
number<PHONE_NUMBER>, or e-mail address<EMAIL_ADDRESS>
Lesia M. Banks,
Director, Records Management Division, Office of the Chief
Administrative Officer, Federal Emergency Management Agency, Department
of Homeland Security.
[FR Doc. 2011-22464 Filed 9-1-11; 8:45 am]
BILLING CODE 9111-52-P


[Federal Register: December 10, 2009 (Volume 74, Number 236)]
[Proposed Rules]
[Page 65497-65499]
[DOCID:fr10de09-33]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-0839]
RIN 1625-AA09

Drawbridge Operation Regulation; Bullards Ferry Bridge, Coquille
River, Bandon, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily modify the drawbridge
operation regulation for the U.S. Highway 101 Bullards Ferry Bridge
that crosses over the Coquille River at mile 3.5 near Bandon, Oregon so
that the vertical lift span would not need to open for ten months while
the bridge is being painted. The proposed rule is necessary to ensure
that the painting operation will not be disrupted by bridge openings.
The bridge has not had to be opened for a vessel in seven years.

DATES: Comments and related material must reach the Coast Guard on or
before February 8, 2010.

ADDRESSES: You may submit comments identified by the Coast Guard docket
number USCG-2009-0839 using any one of the following methods:
    (1) Federal eRulemaking 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 Austin Pratt, Chief, Bridge Section, Waterways Management
Branch, Thirteenth Coast Guard District, telephone<PHONE_NUMBER>, e-mail
address<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-2009-0839, 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 deliver or mail your comment, it will be considered 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-2009-0839'' 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 proposed rule in view of them.

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-2009-0839'' 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 DOT 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 all 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 using one of the four methods 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.

Background and Purpose

    The proposed temporary rule would enable the Oregon Department of
Transportation to permanently install debris containment on the U.S.
Highway 101 Bullards Ferry Bridge that crosses over the Coquille River
at mile 3.5 near Bandon, Oregon, including the vertical lift towers,
while it is being painted. By keeping the drawspan closed, no part of
this containment system would need to be dismantled during the painting
operation.
    Normally, the Coast Guard does not seek to authorize closures of
this duration. However, the vertical lift span of this bridge has not
been requested to open for a vessel in more than seven years. The
recreational boating traffic that plies the Coquille River is able to
pass under the lift span in its closed position. The span provides
approximately 28 feet of clearance at high water and 35 feet at low.
When open the draw span can provide more than 45 additional feet of
clearance.
    The operating regulations currently in effect for the bridge are
found at 33 CFR 117.875. The regulation requires that at least two
hours notice be given for all openings.

Discussion of Proposed Rule

    The Coast Guard proposes to temporarily amend 33 CFR 117.875 by
revising it to authorize the draw of the U.S. Highway 101 Bullards
Ferry Bridge to remain closed from May 1, 2010 to March 1, 2011. The
proposed rule would allow the bridge painting operation taking place
during that time period to not be disrupted by bridge openings. The
bridge will return to its normal operating schedule immediately at the
end of the designated time period.

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,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. The Coast Guard has made
this finding based on the fact that the rule will have no known impact
on the maritime public.

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 because it will have no known impact on any
vessel traffic.
    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
Austin Pratt, Chief, Bridge Section, Waterways Management Branch,
Thirteenth Coast Guard District, at<PHONE_NUMBER>. 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.

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 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 affect 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 Signifi-cantly 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 Information and
Regulatory Affairs has not designated this 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. From May 1, 2010 to March 1, 2011, temporarily suspend Sec.
117.875 and temporarily add Sec.  117.876T to read as follows:

Sec.  117.876T  Coquille River

    The draws of the U.S. 101 highway bridge, mile 3.5 at Bandon,
Oregon, need not open for the passage of vessels from May 1, 2010 to
March 1, 2011.

    Dated: October 15, 2009.
 G.T. Blore,
Rear Admiral, U.S. Coast Guard Commander, Thirteenth Coast Guard
District.
[FR Doc. E9-29414 Filed 12-9-09; 8:45 am]

BILLING CODE 9110-04-P