[Federal Register Volume 87, Number 125 (Thursday, June 30, 2022)]
[Notices]
[Pages 39137-39139]
[FR Doc No: 2022-13963]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-95157; File No. SR-NYSECHX-2022-13]

Self-Regulatory Organizations; NYSE Chicago, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change for Certain
Non-Substantive Clarifying Changes to Article 7, Rule 12

June 24, 2022.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on June 21, 2022, the NYSE Chicago, Inc. (``NYSE Chicago'' or the
``Exchange'') 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 self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes certain non-substantive clarifying changes to
Article 7, Rule 12. The proposed rule change is available on the
Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes certain non-substantive clarifying changes to
Article 7, Rule 12 (Failure to Pay Fees).
    The Exchange recently adopted rules relating to investigation,
discipline, sanction, and other procedural rules based on the rules
based on the text of the NYSE Arca Rule 10.8000 and Rule 10.9000
Series, with certain changes.\3\ In connection with the adoption of
these new disciplinary rules, the Exchange made certain changes to
Article 7, Rule 12, which previously governed the non-payment of any
debt for Trading Permit fees, fines, transaction fees, or other sums
owing the Exchange or its subsidiaries, to reflect that failure to pay
any fine, sanction or cost levied in connection with a disciplinary
action would be governed by Rule 10.8320 (Payment of Fines, Other
Monetary Sanctions, or Costs; Summary Action for Failure to Pay).
Specifically, the Exchange added the following text to Article 7, Rule
12:
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    \3\ See Securities Exchange Act Release No. 95020 (June 1,
2022), 87 FR 35034 (June 8, 2022) (SR-NYSECHX-2022-10) (``Release
No. 95020'').

    Notwithstanding the foregoing, any failure to pay any fine,
sanction or cost levied in connection with a disciplinary action
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shall be governed by Rule 10.8320.

    For the avoidance of doubt, and to clarify the application of
Article 7, Rule 12 and Rule 10.8320, the Exchange proposes to amend the
above sentence in Article 7, Rule 12 as follows (proposed changes are
italicized):

    Notwithstanding the foregoing, any failure to pay any fine,
sanction or cost levied in connection with a disciplinary action
initiated under Article 12 for which a decision was issued on or
after [insert date] shall be governed by Rule 10.8320. For

disciplinary decisions issued prior to such date, Article 7, Rule 12
shall apply.\4\
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    \4\ On June 3, 2022, the Exchange announced that the new
disciplinary rules will be effective on July 5, 2022. See Release
No. 95020, 87 FR at 35041; NYSE Chicago RM-22-02 (June 3, 2022).
Once the new disciplinary rules are effective, the Exchange will
replace ``insert date'' where it appears in the new disciplinary
rules, including as proposed in Article 7, Rule 12, with that date.

    The proposed change is consistent with Rule 10.8320(d), which
provides that the Exchange may exercise the summary authority set forth
in Rules 10.8320(b) and (c) with respect to non-payment of a fine,
monetary sanction, or cost assessed in a disciplinary action initiated
under Article 12 for which a decision was issued on or after the
effective date of the new disciplinary rules.
    The Exchange believes that the proposed change would add clarity,
transparency and consistency to the Exchange's rules.

2. Statutory Basis

    The proposed rule change is consistent with Section 6(b) of the
Act,\5\ in general, and furthers the objectives of Section 6(b)(5) of
the Act,\6\ in particular, in that it is designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, to remove
impediments to, and perfect the mechanism of, a free and open market
and a national market system and, in general, to protect investors and
the public interest.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
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    In particular, the Exchange believes that the proposed non-
substantive clarifying changes would 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 because the
proposed non-substantive changes would add clarity, transparency and
consistency to the Exchange's rules. The Exchange believes that market
participants would benefit from the increased clarity, thereby reducing
potential confusion and ensuring that persons subject to the Exchange's
jurisdiction, regulators, and the investing public can more easily
navigate and understand the Exchange's rules.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not intended to address competitive issues but is rather concerned with
making non-substantive clarifying changes to the Exchange rules. Since
the proposal does not substantively modify system functionality or
processes on the Exchange, the proposed changes will not impose any
burden on competition.

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \7\ and Rule 19b-4(f)(6) \8\ thereunder. Because
the foregoing 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 \9\ and Rule 19b-4(f)(6) \10\ thereunder.
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of 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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    A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\12\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay to allow the
proposed changes to be effective at the same time as the announced date
of the new disciplinary rules. The Commission notes that the proposed
changes to Article 12, Rule 7, clarify and make the rule consistent
with the transition from the old to the new disciplinary rules recently
adopted by the Exchange and do not raise any new or novel issues.\13\
Therefore, the Commission believes that waiving the 30-day operative
delay is consistent with the protection of investors and the public
interest. Accordingly, the Commission designates the proposed rule
change to be operative upon filing.\14\
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    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ See supra note 4 and accompanying text.
    \14\ For purposes only of waiving the 30-day operative delay,
the Commission also 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. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

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 protected]. Please include
File Number SR-NYSECHX-2022-13 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSECHX-2022-13. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the

Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for website viewing and printing in the Commission's Public
Reference Room, 100 F Street NE, Washington, DC 20549 on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
the filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change. Persons submitting comments are cautioned that we do
not redact or edit personal identifying information from comment
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSECHX-2022-13 and should be submitted on or before July 21, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12), (59).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-13963 Filed 6-29-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 45 (Tuesday, March 8, 2016)]
[Notices]
[Pages 12197-12199]
[FR Doc No: 2016-05069]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

Petition for Exemption From the Federal Motor Vehicle Theft
Prevention Standard; American Honda Motor Co., Inc.

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Grant of petition for exemption.

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SUMMARY: This document grants in full the American Honda Motor Co.,
Inc.'s (Honda) petition for an exemption of the Pilot vehicle line in
accordance with 49 CFR part 543, Exemption from Vehicle Theft
Prevention Standard. This petition is granted because the agency has
determined that the antitheft device to be placed on the line as
standard equipment is likely to be as effective in reducing and
deterring motor vehicle theft as compliance with the parts-marking
requirements of the 49 CFR part 541, Federal Motor Vehicle Theft
Prevention Standard (Theft Prevention Standard).

DATES: The exemption granted by this notice is effective beginning with
the 2017 model year (MY).

FOR FURTHER INFORMATION CONTACT: Ms. Deborah Mazyck, Office of
International

Policy, Fuel Economy and Consumer Programs, NHTSA, West Building, W43-
443, 1200 New Jersey Avenue SE., Washington, DC 20590. Ms. Mazyck's
phone number is<PHONE_NUMBER>. Her fax number is<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In a petition dated November 6, 2015, Honda
requested an exemption from the parts-marking requirements of the Theft
Prevention Standard for the Pilot vehicle line beginning with MY 2017.
The petition requested an exemption from parts-marking pursuant to 49
CFR part 543, Exemption from Vehicle Theft Prevention Standard, based
on the installation of an antitheft device as standard equipment for
the entire vehicle line.
    Under 49 CFR part 543.5(a), a manufacturer may petition NHTSA to
grant an exemption for one vehicle line per model year. In its
petition, Honda provided a detailed description and diagram of the
identity, design, and location of the components of the antitheft
device for the Pilot vehicle line. Honda stated that its vehicle line
will offer a front-wheel drive and an all-wheel drive variation. Honda
further stated that its MY 2017 Pilot vehicle line will be installed
with a transponder-based, engine immobilizer antitheft device as
standard equipment. Honda also stated that the Pilot vehicle line will
be equipped with a ``smart entry with push button start'' ignition
system (``smart entry'') and an audible and visible vehicle security
system as standard equipment on the entire line. Key components of the
antitheft device will include a passive immobilizer, ``smart entry''
remote, powertrain control module (PCM) and an Immobilizer Entry System
(IMOES).
    Honda's submission is considered a complete petition as required by
49 CFR 543.7, in that it meets the general requirements contained in
Sec.  543.5 and the specific content requirements of Sec.  543.6.
    In addressing the specific content requirements of Sec.  543.6,
Honda provided information on the reliability and durability of its
proposed device. To ensure reliability and durability of the device,
Honda conducted tests based on its own specified standards. Honda
provided a detailed list of the tests it used to validate the
integrity, durability and reliability of the device and believes that
it follows a rigorous development process to ensure that its antitheft
device will be reliable and robust for the life of the vehicle. Honda
stated that its device does not require the presence of a ``smart
entry'' remote battery to function nor does it have any moving parts
(i.e., the PCM, IMOES, ignition key, ``smart entry'' remote and the
electrical components are found within its own housing units), which it
believes reduces the chance for deterioration and wear from normal use.
    Honda stated that its immobilizer device is always active without
requiring any action from the vehicle operator, until the vehicle is
started using a matching ``smart entry'' remote. Deactivation occurs
when a ``smart entry'' remote with matching codes is placed within
operating range. Ignition of the ``smart entry'' system is started by
pushing the engine start/stop button located to the right of the
steering wheel on the vehicle dashboard. Specifically, Honda stated
that the ``smart entry'' system automatically checks for the
immobilizer code when the ``smart entry'' remote is within operating
range (inside the vehicle, close to the doors or window or in close
proximity outside the vehicle's exterior) and the vehicle is started by
pushing the engine start/stop button. The matching code is validated by
the IMOES, allowing the engine to start. Honda further states that if a
``smart entry'' remote without a matching code is placed inside the
operating range and the engine start/stop button is pushed, the PCM
will prevent fueling and starting of the engine. Additionally, the
ignition immobilizer telltale indicator will begin flashing on the
meter panel. Honda further stated that activation of its ``smart
entry'' system occurs when the start/stop button is switched to the
``OFF'' position.
    Honda stated that it will install an audible and visible vehicle
security system as standard equipment on all its Pilot vehicles to
monitor any attempts of unauthorized entry and to attract attention to
an unauthorized person attempting to enter its vehicles without the use
of a key or a ``smart entry'' remote. Specifically, Honda stated that
whenever an attempt is made to open one of its vehicle doors, hood or
trunk without turning a key in the key cylinder, or using the ``smart
entry'' remote to disarm the vehicle, the vehicle's horn will sound and
its lights will flash. The vehicle security system is activated when
all of the doors are locked and the hood and trunk are closed and
locked. Honda's vehicle security system is deactivated by using the key
fob buttons to unlock the vehicle doors or having the ``smart entry''
remote within operating range when the operator grabs either of the
vehicle's front door handles.
    Honda believes that additional levels of reliability, durability
and security will be accomplished because its ``smart entry'' remote
will utilize rolling codes for the lock and unlock functions of its
vehicles. Honda stated that it will also equip its vehicle line with a
hood release located inside the vehicle, counterfeit resistant vehicle
identification number (VIN) plates and secondary VINs as standard
equipment.
    In support of its belief that its antitheft device will be as or
more effective in reducing and deterring vehicle theft than the parts-
marking requirement, Honda referenced data showing several instances of
the effectiveness of its proposed immobilizer device. Honda first
installed an immobilizer device as standard equipment on its MY 2003
Pilot vehicles and referenced NHTSA's theft rate data for MYs 2003-2012
showing a consistent rate of thefts well below the median of 3.5826
since the installation of its immobilizer device. NHTSA notes that the
theft rates for MYs 2011, 2012, and 2013 Pilot vehicle line are 0.3844,
0.9846 and 1.2111 respectively. Using an average of three MYs' theft
data (2011-2013), the theft rate for the Pilot vehicle line is well
below the median at 0.8600. Additionally, Honda referenced the Highway
Loss Data Institute's 2004-2015 Insurance Theft Report showing an
overall reduction in theft rates for the Honda Pilot vehicles after
introduction of the immobilizer device.
    Additionally, Honda stated that the immobilizer device proposed for
the 2017 Pilot is similar to the design offered on its Honda Civic,
Honda Accord and Honda CR-V vehicles. The agency granted the petitions
for the Honda Civic vehicle line in full beginning with MY 2014 (see 61
FR 19363, March 29, 2013), the Honda Accord vehicle line beginning with
MY 2015 (see 79 FR 18409, April 1, 2014), and the Honda CR-V vehicle
line beginning with MY 2016 (see 80 FR 3733, January 23, 2015). The
agency notes that the average theft rate for the Honda Civic, Accord
and CR-V vehicle lines using three MYs' data (MYs 2011 through 2013)
are 0.8030, 0.7496 and 0.3119 respectively.
    Based on the evidence submitted by Honda on its antitheft device,
the agency believes that the antitheft device for the Pilot vehicle
line is likely to be as effective in reducing and deterring motor
vehicle theft as compliance with the parts-marking requirements of the
Theft Prevention Standard.
    Pursuant to 49 U.S.C. 33106 and 49 CFR 543.7 (b), the agency grants
a petition for exemption from the parts-marking requirements of Part
541 either in whole or in part, if it determines that, based upon
substantial evidence, the

standard equipment antitheft device is likely to be as effective in
reducing and deterring motor vehicle theft as compliance with the
parts-marking requirements of Part 541. The agency finds that Honda has
provided adequate reasons for its belief that the antitheft device for
the Honda Pilot vehicle line is likely to be as effective in reducing
and deterring motor vehicle theft as compliance with the parts-marking
requirements of the Theft Prevention Standard. This conclusion is based
on the information Honda provided about its device.
    Based on the supporting evidence submitted by Honda on its device,
the agency believes that the antitheft device for the Pilot vehicle
line is likely to be as effective in reducing and deterring motor
vehicle theft as compliance with the parts-marking requirements of the
Theft Prevention Standard (49 CFR 541). The agency concludes that the
device will provide the five types of performance listed in Sec.
543.6(a)(3): promoting activation; attract attention to the efforts of
an unauthorized person to enter or move a vehicle by means other than a
key; preventing defeat or circumvention of the device by unauthorized
persons; preventing operation of the vehicle by unauthorized entrants;
and ensuring the reliability and durability of the device.
    For the foregoing reasons, the agency hereby grants in full Honda's
petition for exemption for the Pilot vehicle line from the parts-
marking requirements of 49 CFR part 541, beginning with the 2017 model
year vehicles. The agency notes that 49 CFR part 541, Appendix A-1,
identifies those lines that are exempted from the Theft Prevention
Standard for a given model year. 49 CFR part 543.7(f) contains
publication requirements incident to the disposition of all Part 543
petitions. Advanced listing, including the release of future product
nameplates, the beginning model year for which the petition is granted
and a general description of the antitheft device is necessary in order
to notify law enforcement agencies of new vehicle lines exempted from
the parts-marking requirements of the Theft Prevention Standard.
    If Honda decides not to use the exemption for this line, it must
formally notify the agency. If such a decision is made, the line must
be fully marked according to the requirements under 49 CFR parts 541.5
and 541.6 (marking of major component parts and replacement parts).
    NHTSA notes that if Honda wishes in the future to modify the device
on which this exemption is based, the company may have to submit a
petition to modify the exemption. Part 543.7(d) states that a Part 543
exemption applies only to vehicles that belong to a line exempted under
this part and equipped with the antitheft device on which the line's
exemption is based. Further, Part 543.9(c)(2) provides for the
submission of petitions ``to modify an exemption to permit the use of
an antitheft device similar to but differing from the one specified in
that exemption.''
    The agency wishes to minimize the administrative burden that Part
543.9(c)(2) could place on exempted vehicle manufacturers and itself.
The agency did not intend in drafting Part 543 to require the
submission of a modification petition for every change to the
components or design of an antitheft device. The significance of many
such changes could be de minimis. Therefore, NHTSA suggests that if the
manufacturer contemplates making any changes, the effects of which
might be characterized as de minimis, it should consult the agency
before preparing and submitting a petition to modify.

    Issued in Washington, DC under authority delegated in 49 CFR
1.95.
Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2016-05069 Filed 3-7-16; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register: May 4, 2006 (Volume 71, Number 86)]
[Proposed Rules]
[Page 26296-26297]
[DOCID:fr04my06-26]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 50 and 51

[EPA-HQ-OAR-2005-0159; FRL-8165-8]
RIN 2060-AN40

Extension of Public Comment Period for Proposed Rule on the
Treatment of Data Influenced by Exceptional Events

AGENCY: Environmental Protection Agency (EPA).

ACTION: Extension of public comment period.

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SUMMARY: The EPA is announcing an extension of the public comment
period for the proposed rule entitled ``Treatment of Data Influenced by
Exceptional Events.'' The proposed rule was initially published in the
Federal Register on March 10, 2006. Written comments on the proposal
for the rulemaking were to be submitted to EPA on or before May 9, 2006
(a 60-day public comment period). The EPA is extending the public
comment period until May 25, 2006.

DATES: The public comment period for this proposed rule is extended
until May 25, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0159 by one of the following methods:
     http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Attention Docket ID No. EPA-HQ-OAR-2005-0159, U.S.
Environmental Protection Agency, EPA West (Air Docket), 1200
Pennsylvania Avenue, Northwest, Mailcode: 6102T, Washington, DC 20460.
Please include a total of 2 copies.
     Hand Delivery: U.S. Environmental Protection Agency, EPA
West (Air Docket), 1301 Constitution Avenue, Northwest, Room B-102,
Washington, DC 20004, Attention Docket ID No. EPA-HQ-OAR-2005-0159.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2005-0159. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information

claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
http://www.regulations.gov or e-mail. The http://www.regulations.gov
Web site is an ``anonymous access'' system, which means EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send an e-mail comment directly to EPA
without going through http://www.regulations.gov your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gove/epahome.dockets.htm
.

    Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the U.S. Environmental

Protection Agency, Air Docket, EPA/DC, EPA West, Room B102, 1301
Constitution Ave., NW, Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the Air Docket is (202) 566-
1742.

FOR FURTHER INFORMATION CONTACT: For questions regarding the proposed
rulemaking, contact Mr. Larry Wallace, U.S. Environmental Protection
Agency, Office of Air Quality Planning and Standards, Mail Code C539-
02, Research Triangle Park, NC 27711, phone number<PHONE_NUMBER> or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Extension of Public Comment Period

    The proposed rule was signed by the Administrator on March 1, 2006
and published in the Federal Register on March 10, 2006 (71 FR 12592).
The EPA has received several requests for additional time to comment on
the proposal. The EPA is therefore extending the comment period until
May 25, 2006.

    Dated: April 26, 2006.
Jeffrey S. Clark,
Acting Director, Office of Air Quality Planning and Standards.
 [FR Doc. E6-6752 Filed 5-3-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 64 (Thursday, April 2, 2020)]
[Notices]
[Page 18634]
[FR Doc No: 2020-06887]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0260]

Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From National Tank Truck Carriers, Inc.

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
requests public comment on an application for exemption from National
Tank Truck Carriers, Inc. (NTTC) to allow motor carriers operating tank
trailers to install a red or amber brake-activated pulsating lamp
positioned in the upper center position or in an upper dual outboard
position on the rear of the trailers in addition to the steady-burning
brake lamps required by the Federal Motor Carrier Safety Regulations
(FMCSR).

DATES: Comments must be received on or before May 4, 2020.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2019-0260 using any of the
following methods:
     Website: http://www.regulations.gov. Follow the
instructions for submitting comments on the Federal electronic docket
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.
e.t., Monday-Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number for this notice. For detailed instructions on submitting
comments and additional information on the exemption process, see the
``Public Participation'' heading below. Note that all comments received
will be posted without change to http://www.regulations.gov, including
any personal information provided. Please see the ``Privacy Act''
heading for further information.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to Room W12-140,
DOT Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Public participation: The http://www.regulations.gov website is
generally available 24 hours each day, 365 days each year. You may find
electronic submission and retrieval help and guidelines under the
``help'' section of the http://www.regulations.gov website as well as
the DOT's http://docketsinfo.dot.gov website. If you would like
notification that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment
page that appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV,<PHONE_NUMBER>, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 CFR 381.315(a), FMCSA must publish a notice of each
exemption request in the Federal Register. The Agency must provide the
public with an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request.
    The Agency reviews the safety analyses and the public comments and
determines whether granting the exemption would likely achieve a level
of safety equivalent to or greater than the level that would be
achieved by the current regulation (49 CFR 381.305).
    The decision of the Agency must be published in the Federal
Register (49 CFR 381.315(b)). If the Agency denies the request, it must
state the reason for doing so. If the decision is to grant the
exemption, the notice must specify the person or class of persons
receiving the exemption and the regulatory provision or provisions from
which an exemption is granted. The notice must specify the effective
period of the exemption (up to 5 years) and explain the terms and
conditions of the exemption. The exemption may be renewed (49 CFR
381.315(c) and 49 CFR 381.300(b)).

NTTC Application for Exemption

    The FMCSRs require all exterior lamps (both required lamps and any
additional lamps) to be steady-burning, with the exception of turn
signal lamps, hazard warning signal lamps, school bus warning lamps,
amber warning lamps or flashing warning lamps on tow trucks and
commercial motor vehicles transporting oversized loads, and warning
lamps on emergency and service vehicles authorized by State or local
authorities. NTTC has applied for an exemption from 49 CFR 393.25(e) to
allow motor carriers operating tank trailers to install a red or amber
brake-activated pulsating lamp positioned in the upper center position
or in an upper dual outboard position on the rear of the trailers in
addition to the steady-burning brake lamps required by the FMCSRs. A
copy of the application is included in the docket referenced at the
beginning of this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public
comment from all interested persons on NTTC's application. All comments
received before the close of business on the comment closing date
indicated at the beginning of this notice will be considered and will
be available for examination in the docket at the location listed under
the ``Addresses'' section of this notice. Comments received after the
comment closing date will be filed in the public docket and will be
considered to the extent practicable. In addition to late comments,
    FMCSA will also continue to file, in the public docket, relevant
information that becomes available after the comment closing date.
Interested persons should continue to examine the public docket for new
material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-06887 Filed 4-1-20; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 149 (Friday, August 2, 2013)]
[Proposed Rules]
[Pages 46855-46858]
[FR Doc No: 2013-18616]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0600]
RIN 1625-AA00

Safety Zone; East End Maritime Foundation Fireworks Display,
Greenport Harbor, Greenport, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the

navigable waters of Greenport Harbor near Greenport, NY for the East
End Maritime Foundation fireworks display. This action is necessary to
provide for the safety of life on navigable waters during the event.
Entering into, transiting through, remaining, anchoring or mooring
within this regulated area would be prohibited unless authorized by the
Captain of the Port Sector Long Island Sound.

DATES: Comments and related material must be received by the Coast
Guard on or before September 3, 2013.
    Requests for public meetings must be received by the Coast Guard on
or before August 9, 2013.

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

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Scott Baumgartner, Prevention Department,
Coast Guard Sector Long Island Sound,<PHONE_NUMBER>,
<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

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LIS Long Island Sound
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

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

1. Submitting comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2013-0600] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing comments and documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2013-0600) 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.

3. Privacy Act

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

4. Public meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES on
or before August 9, 2013. Please explain why you believe a public
meeting would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.

B. Basis and Purpose

    The legal basis for this temporary rule is 33 U.S.C. 1231; 46
U.S.C. Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1,
6.04-1, 6.04-6 and 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1 which
collectively authorize the Coast Guard to define regulatory safety
zones.
    Because spectator vessels are expected to congregate around the
location of the fireworks display, this regulated area is necessary to
protect both spectators and participants from the hazards created by
unexpected pyrotechnics detonation, and burning debris. This proposed
rule would temporarily establish a regulated area to restrict vessel
movement around the location of the fireworks display. This proposed
temporary regulation is necessary to ensure the safety of vessels and
spectators from hazards associated with fireworks display.

C. Discussion of Proposed Rule

    This temporary rule proposes to establish a safety zone for the
East End Maritime Foundation fireworks display. This proposed regulated
area includes all waters of Greenport Harbor within a 600 foot radius
of the fireworks barge to be located approximately 600 yards Southeast
of Mitchell Park and Marina in Greenport, NY.
    This rule will be enforced for a limited period of time on
September 21, 2013, with a rain date of September 22, 2013. Specific
times can be found in the regulatory text.
    To aid the public in identifying the launch platform; fireworks
barges used for this display will have a sign on their port and
starboard side labeled

``FIREWORKS--STAY AWAY.'' This sign will consist of 10 inch high by 1.5
inch wide red lettering on a white background.
    Public notifications may be made to the local maritime community
prior to the event through the Local Notice to Mariners, and Broadcast
Notice to Mariners.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The Coast Guard determined that this rulemaking would not be a
significant regulatory action for the following reasons: The regulated
area will be of limited duration, the area covers only a small portion
of the navigable waterways and waterway users may transit around the
area. Also, mariners may request permission from the COTP Sector Long
Island Sound or the designated representative to transit the zone.
    Advanced public notifications will also be made to the local
maritime community through the Local Notice to Mariners as well as
Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule will not have a significant economic impact on a
substantial number of small entities.
    This proposed rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to enter, transit, anchor or moor within the regulated area
during the effective period. The temporary safety zone will not have a
significant economic impact on a substantial number of small entities
for the following reasons: The regulated area will be of limited size
and of short duration and mariners may request permission from the COTP
Sector Long Island Sound or the designated representative to transit
the zone. Notifications will be made to the maritime community through
the Local Notice to Mariners and Broadcast Notice to Mariners well in
advance of the event.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

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 proposed 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

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

12. Energy Effects

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

14. Environment

    We have analyzed this proposed 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
made a preliminary determination 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 proposed rule involves
establishing a safety zone. This rule may be categorically excluded
from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. A preliminary environmental analysis checklist
supporting this determination is 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
proposed rule.

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 proposes
to amend 33 CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREA 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. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 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 Sec.  165.T01-0600 to read as follows:

Sec.  165.T01-0600  Safety Zone; East End Maritime Foundation Fireworks
Display, Greenport Harbor, Greenport, NY.

    (a) Location. The following area is a safety zone: All waters of
Greenport Harbor within a 600-foot radius of the fireworks barge
located in approximate position 41[deg]05'55.00'' N, 072[deg]21'18.00''
W (NAD 83).
    (b) Effective Period. This section will be effective from 8 p.m. on
September 21, 2013, until 10 p.m. on September 22, 2013.
    (c) Enforcement Period. This section will be enforced from 8 p.m.
until 10 p.m. on September 21, 2013. If the event is postponed due to
inclement weather, then this rule will be enforced from 8 p.m. until 10
p.m. on September 22, 2013.
    (d) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the COTP, Sector Long Island
Sound, to act on his or her behalf. The designated representative may
be on an official patrol vessel or may be on shore and will communicate
with vessels via VHF-FM radio or loudhailer. In addition, members of
the Coast Guard Auxiliary may be present to inform vessel operators of
this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP Sector Long Island Sound.
    (3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
    (e) Regulations. The general regulations contained in 33 CFR 165.23
apply. During the enforcement period, entering into, transiting
through, remaining, mooring or anchoring within this safety zone is
prohibited unless authorized by the Captain of the Port (COTP) or the
designated representatives.
    (1) Spectators desiring to enter or operate within the regulated
area should contact the COTP Sector Long Island Sound at<PHONE_NUMBER>
(Sector LIS command center) or the designated representative via VHF
channel 16 to obtain permission to do so. Spectators given permission
to enter or operate in the regulated area must comply with all
directions given to them by the COTP Sector Long Island Sound or the
designated on-scene representative.
    (2) Upon being hailed by an official patrol vessel or the
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with a lawful direction may result in expulsion from the area,
citation for failure to comply, or both.
    (3) Fireworks barges used in this location will have a sign on
their port and starboard side labeled ``FIREWORKS--STAY AWAY''. This
sign will consist of 10 inch high by 1.5 inch wide red lettering on a
white background.

    Dated: July 22, 2013.
H.L. Morrison,
Commander, U.S. Coast Guard, Acting Captain of the Port, Sector Long
Island Sound.
[FR Doc. 2013-18616 Filed 8-1-13; 8:45 am]
BILLING CODE 9110-04-P