[Federal Register Volume 78, Number 185 (Tuesday, September 24, 2013)]
[Notices]
[Pages 58583-58585]
[FR Doc No: 2013-23126]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70441; File No. SR-BATS-2013-050]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To
Eliminate References to Obsolete Functionality

September 18, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 12, 2013, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange filed a proposal to eliminate reference to a Market
Maker order functionality in Rule 11.8(e) that has now been retired by
the Exchange. The Exchange is also proposing to eliminate reference to
BATS' TCP FAST PITCH, which is a data product that has also been
discontinued by the Exchange.
    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant parts of such
statements.

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

1. Purpose
Proposed Change to Rule 11.8
Background
    On August 29, 2012, the Commission approved the Exchange's proposed
rule change to adopt a new Market Maker Peg Order functionality that
was designed to replace the automated functionality (commonly referred
to as the Market Maker Quoter) provided to Market Makers in Rule
11.8(e).\5\ The Exchange originally adopted Rule 11.8(e) as part of an
effort to address issues uncovered by the aberrant trading that
occurred on May 6, 2010.\6\ The Market Maker Quoter functionality was
designed to help Market Makers meet the enhanced obligations imposed on
them post May 6, 2010 \7\ and avoid execution of Market Maker ``stub
quotes'' in instances of aberrant trading.\8\ Although the Market Maker
Quoter was successful in allowing Exchange Market Makers to meet their
enhanced obligations and in avoiding the deleterious effect on the
markets caused by ``stub quote'' executions, the functionality
presented difficulties to Market Makers in meeting their obligations
under Rule 15c3-5 under the Act (the ``Market Access Rule'') \9\ and
Regulation SHO.\10\
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    \5\ Securities Exchange Act Release No. 67756 (Aug. 29, 2012),
77 FR 54633 (Sept. 5, 2012) (SR-BATS-2012-026).
    \6\ Securities Exchange Act Release No. 63255 (Nov. 5, 2010), 75
FR 69484 (Nov. 12, 2010) (SR-BATS-2010-025).
    \7\ Id.
    \8\ For each issue in which a market maker was registered, the
Market Maker Quoter functionality optionally created a quotation for
display to comply with market making obligations. Compliant
displayed quotations were thereafter allowed to rest and were not
adjusted unless the relationship between the quotation and its
related national best bid or national best offer, as appropriate,
either: (a) Shrank to a specified number of percentage points away
from the Designated Percentage towards the then current national
best bid or national best offer, which number of percentage points
was determined and published in a circular distributed to Members
from time to time; or (b) expanded to within 0.5% of the applicable
percentage necessary to trigger an individual stock trading pause,
whereupon such bid or offer was cancelled and re-entered at the
Designated Percentage away from the then current national best bid
and national best offer, or if no national best bid or national best
offer, at the Designated Percentage away from the last reported sale
from the responsible single plan processor. Quotations independently
entered by market makers were allowed to move freely towards the
national best bid or national best offer, as appropriate, for
potential execution. In the event of an execution against a quote
generated pursuant to the Market Maker Quoter functionality, the
Market Maker's quote was refreshed on the executed side of the
market at the applicable Designated Percentage away from the then
national best bid (offer), or if no national best bid (offer), the
last reported sale. See Rule 11.8(e).
    \9\ 17 CFR 240.15c3-5.
    \10\ 17 CFR 242.200-242.204.
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    The Exchange introduced the Market Maker Peg Order to simplify
Market Maker compliance with the requirements of the Market Access Rule
and Regulation SHO. The Market Maker Peg Order allows Market Makers to
control the origination of their orders, as required by the Market
Access Rule, while also allowing Market Makers to make marking and
locate determinations prior to order entry, as required by Regulation
SHO. As such, Market Makers are fully able to comply with the
requirements of the Market Access Rule and Regulation SHO, as they
would when placing any order,

while also meeting their Exchange market making obligations.
Retirement of the Market Maker Quoter
    At the time of Market Maker Peg Order rule filing and in the
subsequent filing to amend the Market Maker Peg Order, the Exchange
noted its intention to continue offering the Market Maker Quoter
functionality for a three-month period after the implementation of the
Market Maker Peg Order to afford Market Makers the opportunity to
gradually transition away from the previous functionality.\11\
Accordingly, the Exchange did not believe it appropriate to eliminate
the language authorizing the Market Maker Quoter functionality
immediately upon the Market Maker Peg Order's effectiveness. However,
as of June 24, 2013, the Exchange decommissioned the Market Maker
Quoter functionality pursuant to its transition plan. Thus, the
Exchange is now proposing to delete Rule 11.8(e), which authorizes the
functionality, and hold the rule number in reserve.
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    \11\ See Securities Exchange Act Release No. 67381 (July 10,
2012), 77 FR 41829, 41843 (July 16, 2012) (SR-BATS-2012-026);
Securities Exchange Act Release No. 69310 (Apr. 4, 2013), 78 FR
21447 (Apr. 10, 2013) (SR-BATS-2013-022).
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Proposed Change to Rule 11.22
    The Exchange is also proposing to delete reference to TCP FAST
PITCH in Rule 11.22(b) because, as is made clear in the rule text of
Rule 11.22, this data product was discontinued on August 1, 2011.
Therefore, reference to the product within Exchange rules no longer
serves any legitimate purpose.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\12\ Specifically, the
proposal is consistent with Section 6(b)(5) of the Act,\13\ which
requires exchange rules to promote just and equitable principles of
trade, remove impediments to, and perfect the mechanism of, a free and
open market and a national market system, and, in general, protect
investors and the public interest. The Exchange believes that the
proposed rule changes fulfill these requirements because they delete
references to a functionality and a data product that are now retired,
thereby eliminating any investor uncertainty related to the status of
this functionality and data product. Moreover, in relation to the
elimination of references to the Market Maker Quoter functionality and
as noted in the Exchange's Market Maker Peg Order filing, the
transition period during which both the Market Maker Quoter
functionality and the Market Maker Peg Order were operational was
designed to minimize the potential market impact caused by the
implementation of the new order type.\14\ The Exchange believes that
deleting reference to the Market Maker Quoter functionality is now
appropriate and in furtherance of the public interest given the passage
of time since the Market Maker Peg Order became effective and the
Market Maker Quoter was decommissioned.\15\
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ See Securities Exchange Act Release No. 67381 (July 10,
2012), 77 FR 41829 (July 16, 2012) (SR-BATS-2012-026).
    \15\ See id.; see also Securities Exchange Act Release No. 69310
(Apr. 4, 2013), 78 FR 21447 (Apr. 10, 2013) (SR-BATS-2013-022).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    BATS believes the proposal is consistent with Section 6(b)(8) of
the Act \16\ in that it does not impose any burden on competition that
is not necessary or appropriate in furtherance of the purposes of the
Act. The proposed rule changes will remove references to a
functionality and a data product that have already been retired.
Moreover, with regard to deletion of references to the Market Maker
Quoter, the Exchange does not believe removing reference to the retired
functionality will have any impact on the current competitive
environment given the fact that the Market Maker Quoter's replacement,
the Market Maker Peg Order, has been effective and operational for many
months. The Exchange also notes that deletion of the reference to TCP
FAST PITCH will align BATS Exchange Rules with BATS Y-Exchange Rules as
the related provision in the BATS Y-Exchange Rule Book has already been
deleted.\17\ Therefore, the Exchange does not believe these changes
will have any effect on competition.
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    \16\ 15 U.S.C. 78f(b)(8).
    \17\ See Securities Exchange Act Release No. 69891 (June 28,
2013), 78 FR 40529 (July 5, 2013) (SR-BYX-2013-022).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

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

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

    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 for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \18\ and Rule 19b-4(f)(6) thereunder.\19\
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    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    The Exchange has requested that the Commission waive the 30-day
operative delay so that the proposal may become operative immediately
upon filing. The Exchange states that waiver of the operative delay
will allow the Exchange to quickly remove language in its rules that is
not supported by any functionality on the Exchange. The Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest, as doing so will allow
the Exchange's rule text to reflect the its existing functionality,
thereby helping to avoid any potential investor confusion. For this
reason, the Commission designates the proposed rule change to be
operative upon filing.\20\
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    \20\ For purposes only of waiving the operative delay for this
proposal, 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 the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

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-BATS-2013-050 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-BATS-2013-050. 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 at 100 F Street NE.,
Washington, DC 20549-1090 on official business days between the hours
of 10:00 a.m. and 3:00 p.m. Copies of such 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-
BATS-2013-050, and should be submitted on or before October 15, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
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    \21\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-23126 Filed 9-23-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Rules and Regulations]
[Pages 63695-63697]
[FR Doc No: 2016-22281]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0864]
RIN 1625-AA08

Special Local Regulation; Ohio River, Owensboro, KY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation on
the Ohio River from mile 755.0 to mile 759.0 in Owensboro, KY on
September 30, 2016 through October 2, 2016. This special regulation is
necessary to provide for the safety of life on these navigable waters
near Owensboro, KY, during the Owensboro Air Show. This rulemaking
prohibits transit into, through, and within the regulated area unless
authorized by the Captain of the Port Ohio Valley or a designated
representative.

DATES: This rule is effective from 12 p.m. on September 30, 2016
through 4:30 p.m. on October 2, 2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0864 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket

Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer James Robinson, Sector Ohio Valley, U.S.
Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the event is being held outside of
the date and location currently contemplated in the publication. It is
impracticable to publish an NPRM because we must establish this special
local regulation by September 30, 2016.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Delaying this rule
would be unnecessary as this event is a recurring event and mariners
familiar with this location on the Ohio River are aware that in mid to
late September, a weekend event air show takes place. This year, the
event will occur 01 weekend later than is currently published in the
Federal Register. Furthermore, delaying this rule would be contrary to
public interest of ensuring the safety of spectators and vessels during
the event and immediate action is necessary to prevent possible loss of
life and property. Broadcast Notices to Mariners (BNM) and information
sharing with the waterway users will update mariners of the
restrictions, requirements and enforcement times during this temporary
situation.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port Ohio Valley (COTP) has determined that
potential hazards associated with the air show starting September 30,
2016 will be a safety concern for anyone within the regulated area. The
purpose of this rule is to ensure safety of life on the navigable
waters in the temporary regulated area before, during, and after the
Owensboro Air Show.

IV. Discussion of the Rule

    The Coast Guard will establish a special local regulation from
September 30, 2016 through October 2, 2016. The special local
regulation will cover all navigable waters from mile 755.0 to 759.0 on
the Ohio River in the vicinity of Owensboro, KY. Transit into and
through this area is prohibited from 12 p.m. to 3:30 p.m. on September
30, 2016, 12 p.m. to 4:30 p.m. on October 01, 2016, and 12 p.m. to 4:30
p.m. on October 2, 2016. The duration of the regulation is intended to
protect participants, spectators, and other persons and vessels before,
during, and after the scheduled air show. No vessel or person will be
permitted to enter the special local regulation without obtaining
permission from the COTP or a designated representative. Deviation
requests will be considered and reviewed on a case-by-case basis. The
COTP Ohio Valley may be contacted by telephone at 1-800-253-7475 or can
be reached by VHF-FM channel 16. Public notifications will be made to
the local maritime community prior to the event through the Local
Notice to Mariners, and Broadcast Notice to Mariners.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the special local regulation.
The temporary special local regulation will only be in effect for less
than five hours each day. The Coast Guard expects minimum adverse
impact to mariners from the special local regulation's activation as
the event has been advertised to the public. Also, mariners may request
authorization from the COTP Ohio Valley or the designated
representatives to transit the regulated area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
V. above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. If you wish to comment on actions by employees of the
Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will
not retaliate against small entities that question or complain about
this rule or any policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for Federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, KY
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.

F. 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 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a special local regulation lasting less than five hours a
day that will prohibit entry on all waters of the Ohio River, surface
to bottom, extending from mile 755.0 to 759.0. It is categorically
excluded from further review under paragraph 34(h) 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.

G. Protest Activities

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

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  100.35T08-0864 to read as follows:

Sec.  100.35T08-0864  Special Local Regulation; Ohio River, Owensboro,
KY.

    (a) Regulated area. All waters of the Ohio River beginning at mile
marker 755.0 and ending at mile marker 759.0 in Owensboro, KY.
    (b) Period of enforcement. This rule will be enforceable from 12
p.m. to 3:30 p.m. on September 30, 2016, 12 p.m. to 4:30 p.m. on
October 1, 2016, and 12 p.m. to 4:30 p.m. on October 2, 2016.
    (c) Special local regulations. (1) Persons or vessels desiring to
enter into or passage through the zone must request permission from the
COTP Ohio Valley or a designated representative. They may be contacted
on VHF-FM radio channel 16 or phone at 1-800-253-7465.
    (2) The Coast Guard will patrol the regulated area under the
direction of a designated Coast Guard Patrol Commander. The Patrol
Commander may be contacted via VHF-FM radio channel 16 or by phone at
502-587-8633.
    (3) The Patrol Commander may terminate the event or the operation
of any vessel at any time it is deemed necessary for the protection of
life or property.
    (d) Informational broadcasts. The COTP Ohio Valley or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the regulated area as well as
any changes in the planned schedule.

    Dated: September 12, 2016.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2016-22281 Filed 9-15-16; 8:45 am]
 BILLING CODE 9110-04-P


     U.S. Environmental Protection Agency

          stratospheric ozone protection program	class i controlled substance

sales of critical use methyl bromide

      	1.2 Year to which this Report Applies	Year   FORMTEXT

1.3    FORMCHECKBOX  Original Submittal    FORMCHECKBOX   Re-submittal

1.4 Quarterly or Annual Submittal 	  FORMCHECKBOX   1st	  FORMCHECKBOX   2nd	  FORMCHECKBOX   3rd	  FORMCHECKBOX   4th	  FORMCHECKBOX   Annual

1.5 Company Information

Company Name    FORMTEXT

Street Address   FORMTEXT

City    FORMTEXT

	State    FORMTEXT        	Zip Code    FORMTEXT

1.6 Company Contact Identification

Reporting Company Contact Person

  FORMTEXT

	Phone Number    FORMTEXT        	Fax Number    FORMTEXT

E-mail Address    FORMTEXT

1.7 Company Type

(check all that apply)	Distributor    FORMCHECKBOX   	Third Party Applicator    FORMCHECKBOX  	Producer    FORMCHECKBOX   	Importer    FORMCHECKBOX

1.8 Signature of Reporting Company Representative

I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete.  I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.

Name    FORMTEXT

Title    FORMTEXT

Signature     FORMTEXT

Date   FORMTEXT

SEND COMPLETED FORMS TO:	For U.S. Postal Service:

Tracking System Program Manager

Stratospheric Protection Division

U.S. EPA (6205J)

1200 Pennsylvania Avenue, NW

Washington, DC  20460	For Private Courier:

Tracking System Program Manager

Stratospheric Protection Division

U.S. EPA (6205J)

1310 L Street, NW;  10th Floor

Washington, DC  20005

Information in reports submitted in compliance with the final rule may be claimed as confidential.  A company may assert a claim of confidentiality for information submitted by clearly marking that information as confidential.  Such information shall be treated in accordance with EPA’s procedures for information claimed as confidential at 40 CFR Part 2, Subpart B, and will only be disclosed by the means set forth in the subpart.  If no claim of confidentiality accompanies the report when it is received by EPA, it may be made public without further notice to the company (40 CFR 2.203).

The public reporting and recordkeeping burden for this collection of information is estimated to average 18 hours per response.  Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460.  Include the OMB control number in any correspondence.  Do not send the completed form to this address.

  U.S. Environmental Protection Agency

stratospheric ozone protection program	class i controlled substance

sales of critical use methyl bromide

h

h

h

h

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ory Calculation (Complete for 4th quarter reporting only)

2.4A Beginning Inventory of Critical Use Methyl Bromide from Prior Control Periods, if any (NOT pre-phaseout Stocks).  Note: This is the same amount as the previous control period’s ending inventory.

Pre-Plant (kg)   FORMTEXT             Post Harvest (kg)   FORMTEXT                                   (If none, enter 0.  Do not leave blank)

2.4B Critical Use Methyl Bromide Bought this Control Period (only new production/import, NOT pre-phaseout Stocks)

Pre-Plant(kg)   FORMTEXT             Post Harvest (kg)   FORMTEXT                                    (If none, enter 0.  Do not leave blank)

2.5 Critical Use Methyl Bromide Sold to an Entity Other than a Critical User (e.g., Distributor, Third Party Applicator)

Pre-plant (kg)   FORMTEXT            Post Harvest (kg)   FORMTEXT                                    (If none, enter 0.  Do not leave blank)

2.6 Year-End Inventory – Critical Use Methyl Bromide Not Sold In Reporting Year (2.4A + 2.4B – 2.2 – 2.5)

CUE Pre-Plant not sold by year end   FORMTEXT           kg

CUE Post-Harvest not sold by year end   FORMTEXT           kg

2.7 Name(s) of Company(ies) for Which Newly Produced Critical Use Methyl Bromide is Being Held and Associated Amounts (kg) Held for Each (excluding end-users)

Company Name:    FORMTEXT          	Pre-Plant (kg):   FORMTEXT            	Post-Harvest (kg):   FORMTEXT

Company Name:    FORMTEXT          	Pre-Plant (kg):   FORMTEXT            	Post-Harvest (kg):   FORMTEXT

Company Name:    FORMTEXT          	Pre-Plant (kg):   FORMTEXT            	Post-Harvest (kg):   FORMTEXT

Company Name:    FORMTEXT          	Pre-Plant (kg):   FORMTEXT            	Post-Harvest (kg):   FORMTEXT

Company Name:    FORMTEXT          	Pre-Plant (kg):   FORMTEXT            	Post-Harvest (kg):   FORMTEXT

NOTE:	COMPLETE THE PRE-2005 METHYL BROMIDE STOCKS REPORT FOR QUANTITIES OF METHYL BROMIDE OWNED THAT WAS PRODUCED/IMPORTED BEFORE JANUARY 1, 2005, OR FOR ALLOCATIONS OR RECEIPT OF ANY CRITICAL STOCK ALLOWANCES.

                                                                                OMB Control Number: 2060-0482

                                                                                Expiration Date: 8/31/11

EPA Form # 5900-138, Revised 6/08

                                                                                OMB Control Number: 2060-0482

                                                                                Expiration Date: 8/31/11


[Federal Register Volume 85, Number 63 (Wednesday, April 1, 2020)]
[Notices]
[Page 18286]
[FR Doc No: 2020-06931]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: Notice is hereby given, pursuant to the provisions of
the Government in the Sunshine Act, Public Law 94-409, that the
Securities and Exchange Commission Small Business Capital Formation
Advisory Committee on Small and Emerging Companies will hold a public
meeting on Thursday April 2, 2020, via video conference.

PLACE: The meeting will begin at 12:00 p.m. (ET) and will be open to
the public. The meeting will be conducted by remote means
(videoconference) and/or at the Commission's headquarters, 100 F Street
NE, Washington, DC 20549. Members of the public may watch the webcast
of the meeting on the Commission's website at www.sec.gov.

STATUS: This Sunshine Act notice is being issued because a majority of
the Commission may attend the meeting.

MATTERS TO BE CONSIDERED: The agenda for the meeting includes matters
relating to the effects of COVID-19 on small and emerging companies,
which may include a recommendation of the Committee.

CONTACT PERSON FOR MORE INFORMATION: For further information and to
ascertain what, if any, matters have been added, deleted or postponed;
please contact Vanessa A. Countryman from the Office of the Secretary
at<PHONE_NUMBER>.

    Dated: March 30, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020-06931 Filed 3-30-20; 4:15 pm]
 BILLING CODE 8011-01-P


[Federal Register: March 5, 2009 (Volume 74, Number 42)]
[Notices]
[Page 9608]
[DOCID:fr05mr09-34]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP09-337-001]

Eastern Shore Natural Gas Company; Notice of Compliance Filing

February 27, 2009.
    Take notice that on February 26, 2009, Eastern Shore Natural Gas
Company (Eastern Shore) tendered for filing as part of its FERC Gas
Tariff, Second Revised Volume No. 1, tariff sheets listed in Appendix A
to the filing, to be effective March 1, 2009.
    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 the date as indicated below. 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>.
    Comment Date: 5 p.m. Eastern Time on March 10, 2009.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-4726 Filed 3-4-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: December 29, 2006 (Volume 71, Number 250)]
[Notices]
[Page 78416-78417]
[DOCID:fr29de06-49]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-115-000]

Gas Transmission Northwest Corporation; Notice of Proposed
Changes in Ferc Gas Tariff

December 21, 2006.
    Take notice that on December 20, 2006, Gas Transmission Northwest
Corporation (GTN) tendered for filing as part of its FERC Gas Tariff,
Third Revised Volume No. 1-A, the following tariff sheets, to become
effective January 19, 2007:

Third Revised Sheet No. 135,
Third Revised Sheet No. 138,
Third Revised Sheet No. 139.

    GTN further states that a copy of this filing has been served on
GTN's jurisdictional customers and interested state regulatory
agencies.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions 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 or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online 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>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-22371 Filed 12-28-06; 8:45 am]

BILLING CODE 6717-01-P


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

General Comment:A 75 day time period to review the regulations is insufficient. I request that the review period be extended to 180 days. Thank you.


[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Notices]
[Pages 5789-5790]
[FR Doc No: 2012-2544]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP12-327-000.
    Applicants: Ozark Gas Transmission, L.L.C.
    Description: Negotiated Rate--EDF Trading--contract 820013 to be
effective 2/1/2012.
    Filed Date: 1/26/12.
    Accession Number: 20120126-5058.
    Comments Due: 5 p.m. ET 2/7/12.

    Docket Numbers: RP12-328-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Termination of Non-conforming Agreement 800474 to be
effective 2/26/2012.
    Filed Date: 1/26/12.
    Accession Number: 20120126-5078.
    Comments Due: 5 p.m. ET 2/7/12.

    Docket Numbers: RP12-329-000.
    Applicants: Eastern Shore Natural Gas Company.
    Description: ACA Filing--Revised to Reflect RP11-1670-000
Settlement to be effective 10/1/2011.
    Filed Date: 1/26/12.
    Accession Number: 20120126-5103.
    Comments Due: 5 p.m. ET 2/7/12.

    Docket Numbers: RP12-330-000.
    Applicants: Black Marlin Pipeline Company.
    Description: Petition of Black Marlin Pipeline Company for
Extension of Temporary Exemptions from Tariff Provisions.
    Filed Date: 1/26/12.
    Accession Number: 20120126-5158.
    Comments Due: 5 p.m. ET 2/7/12.

    Docket Numbers: RP12-331-000.
    Applicants: Natural Gas Pipeline Company of America LLC.
    Description: J-W Gathering Negotiated Rate to be effective 1/6/
2012.
    Filed Date: 1/26/12.
    Accession Number: 20120126-5177.
    Comments Due: 5 p.m. ET 2/7/12.

    Docket Numbers: RP12-332-000.

    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: S-2 Tracker Filing Effective 02-01-2012 to be
effective 2/1/2012.
    Filed Date: 1/26/12.
    Accession Number: 20120126-5189.
    Comments Due: 5 p.m. ET 2/7/12.

    Docket Numbers: RP12-333-000.
    Applicants: Steckman Ridge, LP.
    Description: Termination of Non-conforming Agreement 920024 to be
effective 2/26/2012.
    Filed Date: 1/26/12.
    Accession Number: 20120126-5192.
    Comments Due: 5 p.m. ET 2/7/12.

    Docket Numbers: RP12-334-000.
    Applicants: Colorado Interstate Gas Company LLC.
    Description: Black Hills Non-Conforming Negotiated Rate Filing to
be effective 1/1/2012.
    Filed Date: 01/26/2012.
    Accession Number: 20120126-5223.
    Comments Due: 5 p.m. ET 2/7/12.

    Docket Numbers: RP12-335-000.
    Applicants: Ruby Pipeline, L.L.C.
    Description: Parking and Lending Service Charge Filing to be
effective 2/27/2012.
    Filed Date: 1/27/12.
    Accession Number: 20120127-5001.
    Comments Due: 5 p.m. ET 2/8/12.

    Docket Numbers: RP12-336-000.
    Applicants: Southern LNG Company, L.L.C.
    Description: Dredging Surcharge Cost Adjustment--2012 to be
effective 3/1/2012.
    Filed Date: 1/27/12.
    Accession Number: 20120127-5032.
    Comments Due: 5 p.m. ET 2/8/12.

    Docket Numbers: RP12-337-000.
    Applicants: Arlington Storage Company, LLC.
    Description: Arlington Storage Company, LLC--Enhanced Interruptible
Services to be effective 1/6/2012.
    Filed Date: 1/27/12.
    Accession Number: 20120127-5049.
    Comments Due: 5 p.m. ET 2/8/12.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP10-1083-005.
    Applicants: Eastern Shore Natural Gas Company.
    Description: Requisite tariff sheets in the Settlement of RP11-1670
to be effective 7/29/2011.
    Filed Date: 1/25/12.
    Accession Number: 20120125-5249.
    Comments Due: 5 p.m. ET 2/6/12.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5 p.m. Eastern time on the specified comment
date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, and service can be found at:
http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other
information, call<PHONE_NUMBER> (toll free). For TTY, call (202) 502-
8659.

    Dated: January 27, 2012.
Nathaniel J. Davis,
Deputy Secretary.
[FR Doc. 2012-2544 Filed 2-3-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 119 (Tuesday, June 21, 2011)]
[Notices]
[Page 36142]
[FR Doc No: 2011-15321]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1974-DR; Docket ID FEMA-2011-0001]

Tennessee; Amendment No. 4 To Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Tennessee (FEMA-1974-DR), dated May 1, 2011, and
related determinations.

DATES: Effective Date: June 7, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Tennessee is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of May 1, 2011.

Jefferson and Marion Counties for Public Assistance.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-15321 Filed 6-17-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 86, Number 171 (Wednesday, September 8, 2021)]
[Rules and Regulations]
[Pages 50260-50263]
[FR Doc No: 2021-19148]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0135]
RIN 1625-AA00

Safety Zones; Fireworks Displays, Air Shows and Swim Events in
Captain of the Port Long Island Sound Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard will add one safety zone for the Dolan Family
Labor Day Fireworks event on Oyster Bay, NY, and remove six other
annual recurring marine events in Coast Guard Sector Long Island
Sound's Captain of the Port Zone. This rule is intended to expedite
public information and to ensure the protection of the maritime public
and event participants from the hazards associated with certain marine
events. When enforced, the safety zones would restrict vessels from
transiting the regulated area during annually recurring events.

DATES: This rule is effective without actual notice September 8, 2021.
For the purposes of enforcement, actual notice will be used from
September 6, 2021 until September 8, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0135 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Marine Science Technician 1st Class Chris Gibson,
Waterways Management Division, Sector Long

Island Sound; Tel:<PHONE_NUMBER>; Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Long Island Sound
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On June 14, 2021, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zones; Fireworks Displays, Air Shows
and Swim Events in the Captain of the Port Long Island Sound Zone (86
FR 31456). There we stated why we issued the NPRM, and invited comments
on our proposed regulatory action related to fireworks displays and
other marine events no longer held. We received no comments during the
comment period that ended July 14, 2021.
    The Captain of the Port Long Island Sound (COTP) will amend Table 1
and 2 to 33 CFR 165.151 Safety Zones; Fireworks Displays, Air Shows and
Swim Events in the Captain of the Port Long Island Sound Zone because
adding a single recurring marine event and removing six marine events
that no longer occur will considerably reduce administrative overhead
and provide the public with notice through publication in the Federal
Register of the upcoming recurring safety zone.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP has determined that
potential hazards associated with this annual recurring event will be a
safety concern for anyone within the area where the fireworks display
will commence. The purpose of this rule is to ensure safety of vessels
and the navigable waters in the safety zone before, during, and after
the scheduled event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because the safety zone must be established by September 6, 2021, for
the Dolan Family Labor Day Fireworks display to mitigate the potential
safety hazards.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published June
14, 2021. There are no changes in the regulatory text of this rule from
the proposed rule.
    This rule establishes a safety zone for the annual Dolan Family
Labor Day Fireworks event by adding this event to Table 1 to 33 CFR
165.151. The event will occur on a day in September at a time to be
determined each year. The regulated area will encompass waters of Long
Island Sound off of Oyster Bay, NY. When enforced on the single day in
September each year, this safety zone will restrict vessels from
transiting the regulated area. When enforced on the one day in
September each year, these safety zones will restrict vessels from
transiting the regulated area. The specific description of this
regulation appears at the end of this document.
    Additionally, this rulemaking updates Table 1 and 2 to CFR 165.151
by removing six events that no longer take place. The Coast Guard will
remove event 5.1 Jones Beach Air Show safety zone from Table 1 and
remove five events from Table 2: (1) 1.1 Swim Across the Sound; (2) 1.3
Maggie Fischer Memorial Great South Bay Cross Bay Swim; (3) 1.4 Waves
of Hope Swim; (4) 1.5 Stonewall Swim; and (5) 1.6 Swim Across America
Greenwich safety zones.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on on the size,
location, duration, and time-of-day of the safety zone. This rule
establishes a safety zone for the annual Dolan Family Labor Day
Fireworks event. The regulated area will encompass a 500' radius at
approximate point of 40[deg]53'43.90'' N, 73[deg]30'06.85'' W navigable
waters of Oyster Bay near Oyster Bay, NY. When enforced on the single
day in September each year, this safety zone would restrict vessels
from transiting the regulated area. Once enforced on the one day in
September each year, these safety zones would restrict vessels from
transiting the regulated area. The Coast Guard would issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone, and the
rule will allow vessels to seek permission to enter the zone.
    Additionally, this rulemaking updates Table 1 and 2 to CFR 165.151
by removing six events that no longer take place.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-

888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate
against small entities that question or complain about this rule or any
policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of
1969(42 U.S.C. 4321-4370f), and have determined that this action is one
of a category of actions that do not individually or cumulatively have
a significant effect on the human environment. This rule involves
establishing an annual recurring safety zone for a firework display and
removing six other various marine events in Coast Guard Sector Long
Island Sound's Captain of the Port Zone. It is categorically excluded
from further review under paragraph L60 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and
Recordkeeping requirements, Security measures, Waterways.

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

PART 165--REGULATED NAVIGATION AREAS ANS LIMITED ACCESS AREAS

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

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1,
Revision No. 01.2.

0
2. Amend Sec.  165.151 by:
0
a. In Table 1 to Sec.  165.151 removing item ``5.1 Jones Beach Air
Show'' and adding item ``9.7 Dolan Family Labor Day Fireworks''; and
0
b. In Table 2 to Sec.  165.151 removing items ``1.1 Swim Across the
Sound'', ``1.3 Maggie Fischer Memorial Great South Bay Cross Bay
Swim'', ``1.4 Waves of Hope Swim', ``1.5 Stonewall Swim'', and ``1.6
Swim Across America Greenwich''.
    The addition reads as follows:

Sec.  165.151  Safety Zones; Fireworks Displays, Air Shows and Swim
Events in the Captain of the Port Long Island Sound Zone.

* * * * *

                        Table 1 to Sec.   165.151
------------------------------------------------------------------------

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

                              * * * * * * *
------------------------------------------------------------------------
9.................................                September
------------------------------------------------------------------------

                              * * * * * * *
------------------------------------------------------------------------
9.7 Dolan Family Labor Day           Date: A single day event in
 Fireworks.                          September.
                                     Location: Waters of Oyster
                                     Bay Harbor in Long Island Sound off
                                     Oyster Bay, NY in approximate
                                     position 40[deg]53'43.50'' N,
                                     073[deg]30'06.85'' W. The regulated
                                     area for this fireworks displays is
                                     that area of navigable waters
                                     within a 500 foot radius of the
                                     launch platform or launch site for
                                     each fireworks display.
------------------------------------------------------------------------

                              * * * * * * *
------------------------------------------------------------------------

* * * * *

    Dated: August 27, 2021.
E.J. Van Camp,
Captain, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2021-19148 Filed 9-7-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 40 (Wednesday, March 3, 2021)]
[Notices]
[Pages 12468-12470]
[FR Doc No: 2021-04372]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2021-N-0132]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Food and Drug Administration's Study of How Consumers
Use Flavors To Make Inferences About Electronic Nicotine Delivery
System Product Qualities and Intentions To Use (Phase 2)

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information and to
allow 60 days for public comment in response to the notice. This notice
solicits comments on FDA's investigation of how consumers use flavors
to make inferences about Electronic Nicotine Delivery System (ENDS)
product qualities and intentions to use.

DATES: Submit either electronic or written comments on the collection
of information by May 3, 2021.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before May 3, 2021. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of May 3, 2021. Comments received by
mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://

www.regulations.gov will be posted to the docket unchanged. Because
your comment will be made public, you are solely responsible for
ensuring that your comment does not include any confidential
information that you or a third party may not wish to be posted, such
as medical information, your or anyone else's Social Security number,
or confidential business information, such as a manufacturing process.
Please note that if you include your name, contact information, or
other information that identifies you in the body of your comments,
that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2021-N-0132 for ``Food and Drug Administration's Investigation of
How Consumers Use Flavors to Make Inferences About Electronic Nicotine
Delivery System (ENDS) Product Qualities and Intentions to Use (Phase
2).'' Received comments, those filed in a timely manner (see
ADDRESSES), will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: JonnaLynn Capezzuto, Office of
Operations, Food and Drug Administration, Three White Flint North, 10A-
12M, 11601 Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3521), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information before
submitting the collection to OMB for approval. To comply with this
requirement, FDA is publishing notice of the proposed collection of
information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Food and Drug Administration's Study of How Consumers Use Flavors To
Make Inferences About Electronic Nicotine Delivery System (ENDS)
Product Qualities and Intentions To Use (Phase 2)

OMB Control Number 0910-NEW

    ENDS, also called electronic cigarettes, e-cigarettes, and
vaporizers, are deemed tobacco products and fall under FDA's regulatory
scope. FDA has the authority under the Family Smoking Prevention and
Tobacco Control Act (Pub. L. 111-31, H.R. 1256) to regulate and
restrict the marketing of tobacco products. However, given the recency
of ENDS products to the market, limited research exists to inform the
regulation of certain aspects of their marketing. Research to
understand ``marketing influences on youth experimentation, initiation,
use and cessation of tobacco products'' is a regulatory priority for
the FDA Center for Tobacco Products (CTP).\1\
---------------------------------------------------------------------------

    \1\ https://www.fda.gov/tobacco-products/research/research-priorities.
---------------------------------------------------------------------------

    Flavors are a unique and important aspect of ENDS. ENDS use a
liquid (``e-liquid'' or ``e-juice'') that can span a diverse range of
flavors, from tobacco flavor, menthol, mint, fruit flavors, non-fruit
sweet flavors (e.g., cr[egrave]me brulee, gummi bears), spices (e.g.,
cinnamon, vanilla), alcohol (e.g., strawberry daiquiri, bourbon, Irish
cream), and ``concept'' flavors (e.g., ``Heliomilk'', ``Sungrazer'').
Flavors are a regulatory area of interest, and FDA has issued an
advance notice of proposed rulemaking (Docket No. FDA-2017-N-6565) ``to
obtain information related to the role that flavors play in tobacco
products,'' with a specific interest in how flavors may spur youth
product initiation.
    This study of ``How Consumers Make Inferences about ENDS'' is
voluntary research. The primary goal of the study is to understand
whether flavor-related imagery, descriptors, and flavor name modifiers
affect product appeal, curiosity about the product, interest in

using the product, and product perceptions among youth and young
adults. The project will examine three features identified in the
research team's prior work: the use of flavor-related imagery, the use
of flavor descriptors (e.g., ``cool'', ``fresh''), and the use of
flavor name modifiers (e.g., Cherry Crush).
    The study will collect data from two groups of consumers: 2,500
youth (aged 13 to 17 years old) and 2,500 young adults (aged 18 to 24
years old). The sample will be stratified by ENDS and cigarette use, so
that 625 participants in each age group will be (a) non-cigarette and
non-ENDS users (N=625), (b) cigarette users only (N=625), (c) ENDS
users only (N=625), and (d) dual ENDS and cigarette users (N=625).
Participants will participate in a repeated measure experiment in which
they will be asked to view five ads and report their liking of the ad,
curiosity about using the product (an important precursor to use), and
interest in using the product. Participants will also report additional
perceptions of product qualities. Findings from this study will inform
FDA rulemaking regarding the marketing and presence of flavor features
in ENDS and be used to guide other public health agencies' policies and
messaging regarding the role of flavors in ENDS.
    Study Overview: In this study, youth non-cigarette and non-ENDS
users, current cigarette smokers, ENDS only users, and dual users of
ENDS and cigarettes, as well as young adult non-cigarette and non-ENDS
users, current cigarette smokers, ENDS only users, and dual users of
ENDS and cigarettes will be recruited from two existing internet online
panels and screened for inclusion into the study. All recruited
participants must complete a double opt-in procedure, and parents of
youth participants must consent for their child to be on the panel.
Youth will provide assent and young adults will provide consent to
participate in the surveys. Per institutional review board approval,
parental consent has been waived and will not be required for youth to
participate in this study. The survey platform can detect and prevent
duplicate responses by scanning for duplicate cookies and internet
protocol (IP) addresses. Participants will receive a small incentive as
a token of appreciation in exchange for their survey participation.
    Participants who meet the inclusion criteria will be randomized to
view five ads across five conditions to report their liking of the ad,
curiosity about using the product (an important precursor to use), and
interest in using the product. The order of ad presentation will be
randomized. These procedures will minimize order effects as well as the
likelihood of a demand characteristic in which a participant guesses
the purpose of the experiment and intentionally or unintentionally
alters their response.
    Study outcomes include comparisons to assess the extent to which
presence or absence of a flavor-representing image, name modifier, or
descriptor will be associated with increased or decreased (a) product
appeal, (b) curiosity about the product, (c) interest in using the
product, and (d) increased positive product perceptions compared to a
control condition ad (without or with flavor features).
    FDA estimates the burden of this collection of information as
follows:

                                                      Table 1--Estimated Annual Reporting Burden 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Number of
            Participant subgroup                 Number of     responses per   Total annual           Average burden per response           Total hours
                                                respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Number to read the survey invitation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Youth (aged 13-17)..........................         125,000               1         125,000  0.016 (1 minute)..........................           2,084
Young adults (aged 18-24)...................         125,000               1         125,000  0.016 (1 minute)..........................           2,084
    Total...................................         250,000  ..............  ..............  ..........................................           4,168
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Number to complete the consent and screener
--------------------------------------------------------------------------------------------------------------------------------------------------------
Youth (aged 13-17)..........................           3,750               1           3,750  0.116 (7 minutes).........................             438
Young adults (aged 18-24)...................           3,750               1           3,750  0.116 (7 minutes).........................             438
    Total...................................           7,500  ..............  ..............  ..........................................             876
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Number to complete main study
--------------------------------------------------------------------------------------------------------------------------------------------------------
Youth (aged 13-17)..........................           2,500               1           2,500  0.333 (20 minutes)........................             834
Young adults (aged 18-24)...................           2,500               1           2,500  0.333 (20 minutes)........................             834
    Total...................................           5,000  ..............  ..............  ..........................................           1,668
                                             -----------------------------------------------------------------------------------------------------------
        Total...............................  ..............  ..............  ..............  ..........................................           6,712
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    FDA's burden estimate is based on prior experience with research
that is similar to this proposed study (OMB control number 0910-0848).
Applying assumptions from previous experience in conducting similar
studies, approximately 250,000 respondents from an internet panel will
be recruited via an email invitation, which is estimated to take 1
minute to read and respond. An estimated 7,500 (3,750 youth and 3,750
young adults) respondents will provide assent and consent and be
screened to yield the desired sample size of 5,000 total (2,500 youth
and 2,500 young adults) participants. The consent/screening process is
estimated to take an average of 7 minutes per respondent. Participants
that qualify for the study will be automatically directed to begin the
online survey, which is estimated to take an average of 20 minutes per
respondent.
    The total estimated burden for the data collection is 6,712 hours.

    Dated: February 25, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-04372 Filed 3-2-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 40 (Thursday, March 2, 2017)]
[Proposed Rules]
[Pages 12318-12319]
[FR Doc No: 2017-04040]

=======================================================================
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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915, and 1926

[Docket No. OSHA-H005C-2006-0870]
RIN 1218-AB76

Occupational Exposure to Beryllium: Proposed Delay of Effective
Date

AGENCY: Occupational Safety and Health Administration, Department of
Labor.

ACTION: Proposed delay of effective date.

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SUMMARY: In accordance with the Presidential directive as expressed in
the memorandum of January 20, 2017, from the Assistant to the President
and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' this
action proposes, following a brief 10-day comment period, to further
temporarily delay until May 20, 2017 the effective date of the rule
entitled Occupational Exposure to Beryllium, published in the Federal
Register on January 9, 2017 (82 FR 2470). The current effective date is
March 21, 2017. This additional delay will allow OSHA officials the
opportunity for further review and consideration of the new
regulations.

DATES: Written comments must be submitted (postmarked, sent, or
received) by March 13, 2017.

ADDRESSES: Written comments. You may submit comments, identified by
Docket No. OSHA-H005C-2006-0870, by any of the following methods:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal e-
Rulemaking Portal. Follow the instructions on-line for making
electronic submissions. When uploading multiple attachments into
Regulations.gov, please number all of your attachments because
www.Regulations.gov will not automatically number the attachments. This
will be very useful in identifying all attachments in the beryllium
rule. For example, Attachment 1_title of your document, Attachment 2_
title of your document, Attachment 3_title of your document, etc.
Specific instructions on uploading all documents are found in the
Facts, Answer, Questions portion and the commenter check list on
Regulations.gov Web page.
    Fax: If your submissions, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
You may submit your comments to the OSHA Docket Office, Docket No.
OSHA-H005C-2006-0870, Room N-3653, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210; telephone<PHONE_NUMBER>
(TTY<PHONE_NUMBER>). OSHA's Docket Office accepts deliveries (hand
deliveries, express mail, and messenger/courier service) from 10 a.m.
to 3 p.m. e.t., weekdays.
    Instructions: All submissions must include the Agency name and the
docket number for this rulemaking (Docket No. OSHA-H005C-2006-0870).
All comments, including any personal information you provide, are
placed in the public docket without change and may be made available
online at http://www.regulations.gov. Therefore, OSHA cautions you
about submitting personal information such as Social Security numbers
and birthdates.
    Docket: To read or download comments and materials submitted in
response to this Federal Register document, go to Docket No. OSHA-
H005C-2006-0870 at http://www.regulations.gov, or to the OSHA Docket
Office at the address above. All comments and submissions are listed in
the http://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through that Web site. All comments and submissions are available for
inspection at the OSHA Docket Office.
    Electronic copies of this Federal Register document are available
at http://www.regulations.gov. Copies also are available from the OSHA
Office of Publications, Room N-3101, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
1888. This document, as well as news releases and other relevant
information, is also available at OSHA's Web site at http://www.osha.gov.

FOR FURTHER INFORMATION CONTACT: Frank Meilinger, Director, Office of
Communications, Room N-3647, OSHA, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
1999; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: OSHA published a final rule entitled
Occupational Exposure to Beryllium on January 9, 2017 (82 FR 2470). On
February 1, 2017, OSHA published a document in the Federal Register
delaying the effective date of this rule from March 10, 2017 until
March 21, 2017 (82 FR 8901 (February 1, 2017)). OSHA based this
extension on the Presidential directive as expressed in the memorandum
of January 20, 2017, from the Assistant to the President and Chief of
Staff, entitled ``Regulatory Freeze Pending Review'' (82 FR 8346
(January 24, 2017)) (``Memorandum''). The Memorandum directed the heads
of Executive Departments and Agencies to temporarily postpone for sixty
days from the date of the memorandum the effective dates of all
regulations that had been published in the Federal Register but had not
yet taken effect. The Memorandum also noted certain exceptions that do
not apply here. OSHA therefore delayed the effective date for the rule
entitled ``Occupational Exposure to Beryllium'' to March 21, 2017.
    The Memorandum also directed agencies to consider further delaying
the effective date for regulations beyond that 60-day period. After
further review, OSHA has preliminarily determined that it is
appropriate to further delay the effective date of this rule, for the
purpose of further reviewing questions of fact, law, and policy raised
therein. Therefore, in accordance with the Memorandum, OSHA proposes to
further delay the effective date for the rule entitled ``Occupational
Exposure to Beryllium'' to May 20, 2017. The proposed extension of the
effective date will not affect the compliance dates of the beryllium
rule.
    OSHA seeks comment by March 13, 2017 on its proposal to extend the
effective date by 60 days to May 20, 2017.

    Signed at Washington, DC, on February 24, 2017.
Dorothy Dougherty,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-04040 Filed 3-1-17; 8:45 am]
 BILLING CODE 4510-26-P