[Federal Register: April 23, 2009 (Volume 74, Number 77)]
[Rules and Regulations]
[Page 18465-18467]
[DOCID:fr23ap09-4]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 232

[Release Nos. 33-9027; 34-59776; 39-2465; IC-28698]

Adoption of Updated EDGAR Filer Manual

AGENCY: Securities and Exchange Commission.

ACTION: Final rule.

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SUMMARY: The Securities and Exchange Commission (the Commission) is
adopting revisions to the Electronic Data Gathering, Analysis, and
Retrieval System (EDGAR) Filer Manual to reflect updates to the EDGAR
system. The revisions were made primarily to improve the Form D filing
process. The revisions to the Filer Manual reflect changes within
Volume I entitled EDGAR Filer Manual, Volume I: ``General
Information,'' Version 6 (March 2009) and Volume II entitled EDGAR
Filer Manual, Volume II: ``EDGAR Filing,'' Version 11 (March 2009). The
updated manual will be incorporated by reference into the Code of
Federal Regulations.

DATES: Effective Date: April 23, 2009. The incorporation by reference
of the EDGAR Filer Manual is approved by the Director of the Federal
Register as of April 23, 2009.

FOR FURTHER INFORMATION CONTACT: In the Office of Information
Technology, contact Rick Heroux, at<PHONE_NUMBER>; in the Office of
Interactive Disclosure for questions concerning the XBRL/Interactive
Data and the 2008 Mutual Fund Risk/Return Summary Taxonomy contact
Jeffrey Naumann, Assistant Director of the Office of Interactive
Disclosure, at<PHONE_NUMBER>; in the Division of Corporation Finance,
for questions on saving a partially completed Form D filing, minor Form
D screen changes, and the ability to attach a PDF document to a Form ID
submission contact Cecile Peters, Chief, Office of Information
Technology, at<PHONE_NUMBER>; Office of Disclosure Regulation, at
(202) 551-6784; and for the removal of submission form types 497K1,
497K2, 497K3A and 497K3B, the new submission form type 497K or N-4
filings, contact Ruth Armfield Sanders, Senior Special Counsel, Office
of Legal and Disclosure, at<PHONE_NUMBER>; and in the Division of
Trading and Markets for the addition of the Office of Thrift
Supervision (OTS) as a new Appropriate Regulatory Agency (ARA) on
InfoPath Forms TA-1 and TA-1/A and the ability to use an older version
of the InfoPath Forms TA-1 and TA-1/A after they have been updated
contact Catherine Moore, Special Counsel, Office of Clearance and
Settlement, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: We are adopting an updated EDGAR Filer
Manual, Volume I and Volume II. The Filer Manual describes the
technical formatting requirements for the preparation and submission of
electronic filings through the EDGAR system.\1\ It also describes the
requirements for filing using EDGARLink \2\ and the Online Forms/XML
Web site.
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    \1\ We originally adopted the Filer Manual on April 1, 1993,
with an effective date of April 26, 1993. Release No. 33-6986 (April
1, 1993) [58 FR 18638]. We implemented the most recent update to the
Filer Manual on April 16, 2009. See Release No. 33-9022 (April 8,
2009).
    \2\ This is the filer assistance software we provide filers
filing on the EDGAR system.
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    The Filer Manual contains all the technical specifications for
filers to submit filings using the EDGAR system. Filers must comply
with the applicable provisions of the Filer Manual in order to assure
the timely acceptance and processing of filings made in electronic
format.\3\ Filers may consult the Filer Manual in conjunction with our
rules governing mandated electronic filing when preparing documents for
electronic submission.\4\
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    \3\ See Rule 301 of Regulation S-T (17 CFR 232.301).
    \4\ See Release No. 33-9022 (April 8, 2009) in which we
implemented EDGAR Release 9.14. For a complete history of Filer
Manual rules, please see the cites therein.
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    The EDGAR system was upgraded to Release 9.15.1 on March 16, 2009
to improve the Form D filing process by allowing filers to save a
partially completed Form D filing offline to a designated location on
their computer. The file generated can be used at a later date to
complete the Form D submission. The Form D online application can be
accessed from the EDGAR OnlineForms/XML Web site (https://
www.onlineforms.edgarfiling.sec.gov) by logging in and selecting the
``File Form D'' link. Filers can also log in by clicking the ``Would
you like to File a Form D?'' link from the EDGAR Portal Web site
(http://www.portal.edgarfiling.sec.gov). Minor Form D screen elements
and functionality will be updated. The changes will be as follows:
     Issuer(s) Information screen: Wording will be changed from
``Primary Filing Issuer's Information:'' to ``Issuer(s) Identified in
the Filing''
     Item 1--Issuer's Identity: The order of the choices for
``Year of Incorporation/Organization'' will be changed so that ``Over
Five Years Ago'' appears first and ``Yet to be Formed'' is last
     Item 1--Issuer's Identity: The ``Previous Name'' field
will default to None
     Item 6--Federal Exemption(s) and Exclusion(s) Claimed:
Help text will be displayed when the filer hovers over the ``Securities
Act Section 4 (6)'' label with their mouse
     Item 6--Federal Exemption(s) and Exclusion(s) Claimed:--If
the filer has chosen ``Investment Company Act Section 3(c)'' under Item
6, the system shall pre-populate the ``Pooled Investment Fund
Interests'' option under Item 9. The filer will have the option of
retaining the ``Investment Company Act Section 3(C)'' option if the
``Pooled Investment Fund Interests'' option is deselected.
     Item 12--Sales Compensation: The State(s) of Solicitation
list will be limited to U.S. States and U.S. Territories
     Item 13--Offering and Sales Amounts: The ``Total Remaining
to be Sold'' calculation will be performed before the filer leaves the
screen
     Signature and Submission Screen: The ``I also am a duly
authorized representative of the other identified issuer(s) in Item 1
above and authorized to sign on their behalf'' checkbox will only be
visible when there is more that one issuer
     Signature and Submission Screen: The following language
will be inserted directly above the signature block; ``For signature,
type in the signer's name or other letters or characters adopted or
authorized as the signer's signature.''
    The online Form ID application process was updated to allow filers
to attach a scanned notarized authentication PDF document to the Form
ID submission as an alternative to faxing the document (does not apply
to updating passcodes or converting to an electronic filer). Filers can
complete a fillable PDF version of the Form ID document that can be
found on the SEC's public Web site. Once completed, the fillable PDF
can be printed, signed, notarized, scanned and attached to your
electronic Form ID application. Filers can continue to fax their
authentication document if desired.
    A new EDGAR submission form type 497K was added for the Summary
Prospectus effective March 31, 2009. It cannot be filed before that
date. Also, effective March 31, 2009, EDGAR submission form types
497K1, 497K2, 497K3A and 497K3B will be removed as of close of business
(5:30 PM EST) March 30, 2009.

    EDGAR will not accept XBRL submissions that include both EX-100 and
EX-101 exhibit types within the same submission. XBRL submissions must
use either EX-100 or EX-101. For investment companies submitting under
the voluntary program, only document type EX-100 may be used.
    N-4 filings will no longer be suspended if the company does not
have an 811 file number and is adding series and classes in their N-4
filing.
    Notices and orders related to form type 40-8F-2 will be added to
EDGAR.
    The Office of Thrift Supervision (OTS) was added as an Appropriate
Regulatory Agency (ARA) on EDGARLite Forms TA-1 and TA-1/A. In addition
TA-1 filers can use older versions of the EDGARLite Forms TA-1 and TA-
1/A after they've been updated to a new version as long as the older
form version contains all required fields. If the older form version
does not include all of the required fields, the submission will be
suspended and a version that contains all required fields must be used.
    Revisions were also made to support the 2008 Mutual Fund Risk/
Return Summary Taxonomy.
    Chapter 6 (Interactive Data) of the EDGAR Filer Manual, Volume II--
EDGAR Filing, has been updated to make clarifications to the
instructions on XBRL/Interactive Data tagging.
    EDGARLink submission template 3 was updated to add submission form
type 497K. It is highly recommended that filers download, install, and
use the new EDGARLink software and submission template to ensure that
submissions will be processed successfully. Previous versions of the
templates may not work properly. Notice of the update has previously
been provided on the EDGAR Filing Web site and on the Commission's
public Web site. The discrete updates are reflected on the EDGAR Filing
Web site and in the updated Filer Manual, Volume II.
    It is anticipated that the EDGAR system will be upgraded to Release
9.15.2 in the third quarter of fiscal year 2009. Within this minor
release, EDGAR will be modified to support the validation of submission
type SH-ER information table XML documents against the schema documents
provided in the EDGAR Submission Type SH-ER Information Table XML
Technical Specification posted on http://www.sec.gov.info/edgar.shtml.
    Along with adoption of the Filer Manual, we are amending Rule 301
of Regulation S-T to provide for the incorporation by reference into
the Code of Federal Regulations of today's revisions. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    You may obtain paper copies of the updated Filer Manual at the
following address: Public Reference Room, U.S. Securities and Exchange
Commission, 100 F Street, NE., Room 1520, Washington, DC 20549, on
official business days between the hours of 10 a.m. and 3 p.m. We will
post electronic format copies on the Commission's Web site; the address
for the Filer Manual is http://www.sec.gov/info/edgar.shtml.
    Since the Filer Manual relates solely to agency procedures or
practice, publication for notice and comment is not required under the
Administrative Procedure Act (APA).\5\ It follows that the requirements
of the Regulatory Flexibility Act \6\ do not apply.
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    \5\ 5 U.S.C. 553(b).
    \6\ 5 U.S.C. 601-612.
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    The effective date for the updated Filer Manual and the rule
amendments is April 23, 2009. In accordance with the APA,\7\ we find
that there is good cause to establish an effective date less than 30
days after publication of these rules. The EDGAR system upgrade to
Release 9.15.1 became available on March 16, 2009. The Commission
believes that establishing an effective date less than 30 days after
publication of these rules is necessary to coordinate the effectiveness
of the updated Filer Manual with the system upgrade.
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    \7\ 5 U.S.C. 553(d)(3).
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Statutory Basis

    We are adopting the amendments to Regulation S-T under Sections 6,
7, 8, 10, and 19(a) of the Securities Act of 1933,\8\ Sections 3, 12,
13, 14, 15, 23, and 35A of the Securities Exchange Act of 1934,\9\
Section 319 of the Trust Indenture Act of 1939,\10\ and Sections 8, 30,
31, and 38 of the Investment Company Act of 1940.\11\
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    \8\ 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a).
    \9\ 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and 78ll.
    \10\ 15 U.S.C. 77sss.
    \11\ 15 U.S.C. 80a-8, 80a-29, 80a-30, and 80a-37.
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List of Subjects in 17 CFR Part 232

    Incorporation by reference, Reporting and recordkeeping
requirements, Securities.

Text of the Amendment

0
In accordance with the foregoing, Title 17, Chapter II of the Code of
Federal Regulations is amended as follows:

PART 232--REGULATION S-T--GENERAL RULES AND REGULATIONS FOR
ELECTRONIC FILINGS

0
1. The authority citation for part 232 continues to read in part as
follows:

    Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s(a), 77z-3,
77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), 78w(a), 78ll, 80a-6(c),
80a-8, 80a-29, 80a-30, 80a-37, and 7201 et seq.; and 18 U.S.C. 1350
* * * * *

0
2. Section 232.301 is revised to read as follows:

Sec.  232.301  EDGAR Filer Manual.

    Filers must prepare electronic filings in the manner prescribed by
the EDGAR Filer Manual, promulgated by the Commission, which sets out
the technical formatting requirements for electronic submissions. The
requirements for becoming an EDGAR Filer and updating company data are
set forth in the updated EDGAR Filer Manual, Volume I: ``General
Information,'' Version 6 (March 2009). The requirements for filing on
EDGAR are set forth in the updated EDGAR Filer Manual, Volume II:
``EDGAR Filing,'' Version 11 (March 2009). Additional provisions
applicable to Form N-SAR filers are set forth in the EDGAR Filer
Manual, Volume III: ``N-SAR Supplement,'' Version 1 (September 2005).
All of these provisions have been incorporated by reference into the
Code of Federal Regulations, which action was approved by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. You must comply with these requirements in order for documents
to be timely received and accepted. You can obtain paper copies of the
EDGAR Filer Manual from the following address: Public Reference Room,
U.S. Securities and Exchange Commission, 100 F Street, NE., Room 1520,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Electronic copies are available on the Commission's Web
site. The address for the Filer Manual is http://www.sec.gov/info/
edgar.shtml. You can also inspect the document at the National Archives
and Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/ibr_
locations.html.

    By the Commission.

    Dated: April 16, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-9314 Filed 4-22-09; 8:45 am]


[Federal Register Volume 86, Number 193 (Friday, October 8, 2021)]
[Notices]
[Pages 56260-56261]
[FR Doc No: 2021-22066]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP21-499-000]

Columbia Gas Transmission, LLC; Notice of Request Under Blanket
Authorization and Establishing Intervention and Protest Deadline

    Take notice that on September 23, 2021, Columbia Gas Transmission,
LLC, 700 Louisiana Street, Suite 1300, Houston, Texas 77002-2700, filed
in the above referenced docket, a prior notice pursuant to sections
157.205, 157.208 and 157.216 of the Federal Energy Regulatory
Commission's regulations under the Natural Gas Act, requesting
authorization to replace a portion of its existing line 1485 consisting
of approximately 1.78 miles of 20-inch diameter bare steel pipeline, to
replace launcher and receiver facilities, located in Allegheny and
Washington Counties, Pennsylvania (Line 1485 Replacement Project).
Columbia proposes to replace the facilities under authorities granted
by its blanket certificate issued in Docket No. CP82-480-000.\1\ The
proposed replacement will have no impact on Colombia's existing
customers or affect its existing storage operations. The estimated cost
for the Project is approximately $23.3 million, all as more fully set
forth in the request which is on file with the Commission and open to
public inspection.
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    \1\ Michigan Wisconsin Pipe Line Company, 20 FERC ] 62,595
(1982).
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    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    Any questions concerning this application should be directed to
David A. Alonzo, Manager Project Authorizations, Columbia Gas
Transmission, LLC, 700 Louisiana Street, Suite 1300, Houston, Texas
77002-2700, or by phone at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>    Pursuant to Section 157.9 of the Commission's Rules of Practice and
Procedure,\2\ within 90 days of this Notice the Commission staff will
either: Complete its environmental review and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or environmental
assessment (EA) for this proposal. The filing of an EA in the
Commission's public record for this proceeding or the issuance of a
Notice of Schedule for Environmental Review will serve to notify
federal and state agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
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    \2\ 18 CFR (Code of Federal Regulations) 157.9.
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Public Participation

    There are three ways to become involved in the Commission's review
of this project: You can file a protest to the project, you can file a
motion to intervene in the proceeding, and you can file comments on the
project. There is no fee or cost for filing protests, motions to
intervene, or comments. The deadline for filing protests, motions to
intervene, and comments is 5:00 p.m. Eastern Time on December 3, 2021.
How to file protests, motions to intervene, and comments is explained
below.

Protests

    Pursuant to section 157.205 of the Commission's regulations under
the NGA,\3\ any person \4\ or the Commission's staff may file a protest
to the request. If no protest is filed within the time allowed or if a
protest is filed and then withdrawn within 30 days after the allowed
time for filing a protest, the proposed activity shall be deemed to be
authorized effective the day after the time allowed for protest. If a
protest is filed and not withdrawn within 30 days after the time
allowed for filing a protest, the instant request for

authorization will be considered by the Commission.
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    \3\ 18 CFR 157.205.
    \4\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
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    Protests must comply with the requirements specified in section
157.205(e) of the Commission's regulations,\5\ and must be submitted by
the protest deadline, which is December 3, 2021. A protest may also
serve as a motion to intervene so long as the protestor states it also
seeks to be an intervenor.
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    \5\ 18 CFR 157.205(e).
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Interventions

    Any person has the option to file a motion to intervene in this
proceeding. Only intervenors have the right to request rehearing of
Commission orders issued in this proceeding and to subsequently
challenge the Commission's orders in the U.S. Circuit Courts of Appeal.
    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \6\ and the regulations under the NGA \7\ by the
intervention deadline for the project, which is December 3, 2021. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
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    \6\ 18 CFR 385.214.
    \7\ 18 CFR 157.10.
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    All timely, unopposed motions to intervene are automatically
granted by operation of Rule 214(c)(1). Motions to intervene that are
filed after the intervention deadline are untimely and may be denied.
Any late-filed motion to intervene must show good cause for being late
and must explain why the time limitation should be waived and provide
justification by reference to factors set forth in Rule 214(d) of the
Commission's Rules and Regulations. A person obtaining party status
will be placed on the service list maintained by the Secretary of the
Commission and will receive copies (paper or electronic) of all
documents filed by the applicant and by all other parties.

Comments

    Any person wishing to comment on the project may do so. The
Commission considers all comments received about the project in
determining the appropriate action to be taken. To ensure that your
comments are timely and properly recorded, please submit your comments
on or before December 3, 2021. The filing of a comment alone will not
serve to make the filer a party to the proceeding. To become a party,
you must intervene in the proceeding.

How To File Protests, Interventions, and Comments

    There are two ways to submit protests, motions to intervene, and
comments. In both instances, please reference the Project docket number
CP21-499-000 in your submission.
    (1) You may file your protest, motion to intervene, and comments by
using the Commission's eFiling feature, which is located on the
Commission's website (www.ferc.gov) under the link to Documents and
Filings. New eFiling users must first create an account by clicking on
``eRegister.'' You will be asked to select the type of filing you are
making; first select General'' and then select ``Protest'',
``Intervention'', or ``Comment on a Filing''; or \8\
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    \8\ Additionally, you may file your comments electronically by
using the eComment feature, which is located on the Commission's
website at www.ferc.gov under the link to Documents and Filings.
Using eComment is an easy method for interested persons to submit
brief, text-only comments on a project.
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    (2) You can file a paper copy of your submission by mailing it to
the address below. Your submission must reference the Project docket
number CP21-499-000.

To mail via USPS, use the following address: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426
To mail via any other courier, use the following address: Kimberly D.
Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852

    The Commission encourages electronic filing of submissions (option
1 above) and has eFiling staff available to assist you at (202) 502-
8258 or [email protected]
    Protests and motions to intervene must be served on the applicant
either by mail or email (with a link to the document) at: David A.
Alonzo, Manager Project Authorizations, Columbia Gas Transmission, LLC,
700 Louisiana Street, Suite 1300, Houston, Texas 77002-2700, or by
phone at<PHONE_NUMBER>, or by email at<EMAIL_ADDRESS>Any
subsequent submissions by an intervenor must be served on the applicant
and all other parties to the proceeding. Contact information for
parties can be downloaded from the service list at the eService link on
FERC Online.

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.

    Dated: October 4, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-22066 Filed 10-7-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 197 (Friday, October 10, 2014)]
[Rules and Regulations]
[Pages 61238-61240]
[FR Doc No: 2014-24292]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0862]
RIN 1625-AA00

Safety Zone: Suisun Bay Electromagnetic Scan and Ordnance
Recovery, Suisun Bay, Concord, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones in the
navigable waters of Suisun Bay in support of the Military Ocean
Terminal Concord (MOTCO) electromagnetic scan and ordnance recovery
operations. These safety zones are established to ensure the safety of
the ordnance identification and recovery teams and mariners transiting
the area. Unauthorized persons or vessels are prohibited from entering
into, transiting through, or remaining in the safety zones without
permission of the Captain of the Port or their designated
representative.

DATES: This rule is effective without actual notice from October 10,
2014 until October 31, 2014. For the purposes of enforcement, actual
notice will be used from September 29, 2014, through October 31, 2014.
This rule will be enforced from 7 a.m. to 6 p.m. on the dates mentioned
above.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0862. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Joshua Dykman, U.S. Coast Guard
Sector San Francisco; telephone<PHONE_NUMBER> or email at<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Barbara Hairston, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
DoD Department of Defense
FR Federal Register
MMRP Military Munitions Response Program
MOTCO Military Ocean Terminal Concord
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.''
    Under 5 U.S.C. 553(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. MOTCO notified the Coast Guard on
September 4, 2014 that they intend to conduct an intrusive
electromagnetic scan and ordnance recovery operation in selected areas
of Suisun Bay with a high probability of containing ordnance items, and
the operation would occur before the rulemaking process would be
completed. It would be impracticable to collect and respond to comments
before the recovery operations begin. The safety zone is necessary to
ensure the safety of the teams conducting ordnance scanning and
recovery operations as well as provide for the safety of vessels
transiting the area. For the safety concerns noted, it is in the public
interest to have these regulations in effect during the event.

B. Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C 1231; 46 U.S.C
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1,
6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064;

Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish safety zones.
    MOTCO is conducting Electromagnetic Scan and Ordnance Recovery
operations from September 29, 2014 through October 31, 2014 in the
navigable waters of the Suisun Bay, CA as depicted in National Oceanic
and Atmospheric Administration (NOAA) Chart 18656. The Military
Munitions Response Program (MMRP) addresses the safety and
environmental hazards presented by munitions and explosives. MOTCO
recently completed an underwater geophysical survey of Suisun Bay
whereby they identified 55 locations throughout Suisun Bay with
ferrous-based objects that may contain ordnance deposited as a result
of the Port Chicago explosion on July 17, 1944. They completed 33 of
the locations in 2013 and are now finishing the last 22.
    These safety zones are necessary to ensure the safety of teams
conducting electromagnetic scans and ordnance recovery operations and
to ensure the safety of mariners transiting the area. These safety
zones will be enforced from September 29, 2014 to October 31, 2014
between the hours of 7 a.m. and 6 p.m. The safety zones shall terminate
at the conclusion of the electromagnetic scan and ordnance recovery
operations.

C. Discussion of the Final Rule

    The Coast Guard will enforce a 500 foot moving safety zone around a
2-barge configuration, flying a red flag, and traveling throughout
Suisun Bay conducting electromagnetic scan and ordnance recovery
operations from September 29, 2014 to October 31, 2014 between the
hours of 7 a.m. and 6 p.m. To minimize impacts to commerce, the
ordnance disposal team will cease operations to accommodate commercial
vessels requiring transit through the navigation channel in vicinity to
the project location. Commercial vessels will be informed via broadcast
and local notice to mariners to coordinate passing arrangements with
the ordnance disposal team prior to transiting the project area.
    A temporary safety zone will be established for emergency ordnance
detonation between Roe Island and Ryer Island at the following
location: 38[deg]04'24'' N, 122[deg]01'14'' W (NAD 83) for use only in
the event that unstable ordnance items are recovered that require
immediate detonation on site. Until such a time is needed, vessel
traffic is free to move through the area. A broadcast will be released
when the zone will be enforced, giving vessel traffic enough time to
leave the area. At the conclusion of the electromagnetic scan and
ordnance recovery the safety zones shall terminate.
    The effect of the temporary safety zones will be to restrict
navigation in the vicinity of the electromagnetic scan and ordnance
recovery operations. Except for persons or vessels authorized by the
Coast Guard Patrol Commander, no person or vessel may enter or remain
in the restricted area.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    We expect the economic impact of this rule will not rise to the
level of necessitating a full Regulatory Evaluation. The safety zone is
limited in duration, and is limited to a narrowly tailored geographic
area. In addition, although this rule restricts access to the waters
encompassed by the safety zone, the effect of this rule will not be
significant because the local waterway users will be notified via
public Broadcast Notice to Mariners to ensure the safety zone will
result in minimum impact. The entities most likely to be affected are
waterfront facilities, commercial vessels, and pleasure craft engaged
in recreational activities.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    This rule may affect owners and operators of waterfront facilities,
commercial vessels, and pleasure craft engaged in recreational
activities and sightseeing. The safety zones will not have a
significant economic impact on a substantial number of small entities
for the following reasons. The safety zones will be activated, and thus
subject to enforcement, for a limited duration. When the safety zones
are activated, vessel traffic could pass safely around the safety
zones. The maritime public will be advised in advance of the safety
zones via Broadcast Notice to Mariners.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your

message can be received without jeopardizing the safety or security of
people, places or vessels.

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone of limited size and duration. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add temporary Sec.  165.T11-666 to read as follows:

Sec.  165.T11-666  Safety zone; Suisun Bay Electromagnetic Scan and
Ordnance Recovery, Suisun Bay, Concord, CA.

    (a) Location. A temporary 500 foot moving safety zone will be
established around a 2-barge configuration, flying a red flag, and
traveling throughout Suisun Bay conducting electromagnetic scan and
ordnance recovery operations as depicted in National Oceanic and
Atmospheric Administration (NOAA) Chart 18656. Prior to vessels
traveling through the navigational channel, notice will be given to the
barges so that they have ample time to move out of the way and not
impede traffic. An additional temporary safety zone will be established
for emergency ordnance detonation between Roe Island and Ryer Island at
the following location: 38[deg]04'24'' N, 122[deg]01'14'' W (NAD 83)
for use only in the event that unstable ordnance items are recovered
that require immediate detonation on site. Until such a time is needed,
vessel traffic is free to move through the area. A broadcast will be
released when the zone will be enforced, giving vessel traffic enough
time to leave the area.
    (b) Enforcement period. The zones described in paragraph (a) of
this section will be in effect from September 29, 2014 through October
31, 2014 between the hours of 7 a.m. until 6 p.m. The Captain of the
Port San Francisco (COTP) will notify the maritime community of periods
during which this zone will be enforced via Broadcast Notice to
Mariners in accordance with 33 CFR 165.7.
    (c) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer on a Coast Guard
vessel or a Federal, State, or local officer designated by or assisting
the COTP pursuant to a Memorandum of Understanding with that agency, to
assist in the enforcement of the safety zones.
    (d) Regulations. (1) Under the general regulations in 33 CFR Part
165, Subpart C, entry into, transiting or anchoring within this safety
zone is prohibited unless authorized by the COTP or a designated
representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
    (3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or a designated representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or a designated representative. Persons and vessels
may request permission to enter the safety zone on VHF-23A or through
the 24-hour Command Center at telephone<PHONE_NUMBER>.

    Dated: September 25, 2014.
Michael H. Day,
Captain, U.S. Coast Guard, Captain of the Port San Francisco, Acting.
[FR Doc. 2014-24292 Filed 10-9-14; 8:45 am]
BILLING CODE 9110-04-P