[Federal Register Volume 78, Number 59 (Wednesday, March 27, 2013)]
[Rules and Regulations]
[Pages 18480-18481]
[FR Doc No: 2013-07086]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0154]

Drawbridge Operation Regulations; Willamette River, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Burnside Bridge across the
Willamette River, miles 12.4, at Portland, Oregon. This deviation is
necessary to accommodate the annual Rose Festival Grand Floral Parade.
This deviation allows the bridge to remain in the closed position to
allow for the safe movement of event participants.

DATES: This deviation is effective from 7 a.m. until 2 p.m. on June 8,
2013.

ADDRESSES: The docket for this deviation, [USCG-2013-0154] is available
at 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 deviation. 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
temporary deviation, call or email Randall Overton, Bridge
Administrator, Coast Guard Thirteenth District; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you

have questions on viewing the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Multnomah County has requested a temporary
deviation from the normal operating schedule for the Burnside Bridge,
mile 12.4, crossing the Willamette River at Portland, OR. The Burnside
Bridge provides a vertical clearance of 64 feet in the closed position;
all clearances are referenced to the vertical clearance above Columbia
River Datum 0.0. The bridge currently operates in accordance with 33
CFR 117.897 which provides that from 8 a.m. to 5 p.m. Monday through
Friday, one hour's notice shall be given for draw openings. At all
other times, notice of at least two hours in advance is required. This
deviation period starts at 7 a.m. on June 8, 2013 and ends at 2:00 p.m.
on June 8, 2013. The deviation allows the Burnside Bridge to remain in
the closed position and need not open for maritime traffic from 7 a.m.
until 2 p.m. on June 8, 2013. The bridge shall operate in accordance to
33 CFR 117.897 at all other times. Waterway usage on this stretch of
the Willamette River includes vessels ranging from commercial tug and
barge to small pleasure craft. Mariners will be notified and kept
informed of the bridge's operational status via the Coast Guard Notice
to Mariners publication and Broadcast Notice to Mariners as
appropriate. The bridge will be required to open, if needed, for
vessels engaged in emergency response operations during this closure
period.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: March 14, 2013.
Randall D. Overton,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2013-07086 Filed 3-26-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 136 (Tuesday, July 20, 2021)]
[Rules and Regulations]
[Pages 38225-38228]
[FR Doc No: 2021-15349]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0272; Project Identifier MCAI-2020-01485-T;
Amendment 39-21628; AD 2021-14-01]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Bombardier, Inc., Model BD-100-1A10 airplanes. This AD was
prompted by a report that certain airplanes have navigation units with
outdated magnetic variation (MagVar) tables. This AD requires revising
the existing airplane flight manual (AFM) and applicable corresponding
operational procedures to update the flight management system (FMS)
limitations. The FAA is issuing this AD to address the unsafe condition
on these products.

DATES: This AD is effective August 24, 2021.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of August 24,
2021.

ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 2A3, Canada; North America toll-free telephone 1-866-
538-1247 or direct-dial telephone 1-514-855-2999; email
<EMAIL_ADDRESS>internet https://www.bombardier.com. You
may view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0272.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0272; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Thomas Niczky, Aerospace Engineer,
Avionics and Electrical Systems Section, FAA, New York ACO Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued TCCA AD CF-2020-33, dated September
29, 2020 (also referred to as the Mandatory Continuing Airworthiness
Information, or the MCAI), to correct an unsafe condition for certain
Bombardier, Inc., Model BD-100-1A10 airplanes. You may examine the MCAI
in the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0272.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Bombardier,
Inc., Model BD-100-1A10 airplanes. The NPRM published in the Federal
Register on April 12, 2021 (86 FR 18921). The NPRM was prompted by a
report that certain airplanes have navigation units with outdated
MagVar tables. The NPRM proposed to require revising the existing AFM
and applicable corresponding operational procedures to update the FMS
limitations. The FAA is issuing this AD to address outdated MagVar
tables inside navigation systems, which can affect the performance of
the navigation systems and result in the presentation of misleading
magnetic heading references on the primary flight displays (PFDs) and
multi-function displays (MFDs), positioning the airplane outside of the
terrain and obstacle protection provided by instrument flight
procedures and flight route designs, and can lead to significantly
inaccurate heading, course, and bearing calculations. See the MCAI for
additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed,
except for minor editorial changes. The FAA has determined that these
minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information. This
service information describes procedures for revising the existing AFM
to update the FMS limitations. These documents are distinct since they
apply to different airplane configurations.
     Flight Management System (FMS) limitation in Section 02-
04--Systems Limitations, of Chapter 02--Limitations, of the Bombardier
Challenger 300 Airplane Flight Manual (Imperial Version), Publication
No. CSP 100-1, Revision 58, dated January 15, 2020. (For obtaining the
FMS limitation for Bombardier Challenger 300 Airplane Flight Manual
(Imperial Version), Publication No. CSP 100-1, use Document
Identification No. CH 300 AFM-I.)
     FMS limitation in Section 02-04--Systems Limitations, of
Chapter 02--Limitations, of the Bombardier Challenger 300 Airplane
Flight Manual (Metric Version), Publication No. CSP 100-1 (Metric),
Revision 58, dated January 15, 2020. (For obtaining the FMS limitation
for Bombardier Challenger 300 Airplane Flight Manual (Metric Version),
Publication No. CSP 100-1 (Metric), use Document Identification No. CH
300 AFM-M.)
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 318 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85          $27,030
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have 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.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

2021-14-01 Bombardier, Inc.: Amendment 39-21628; Docket No. FAA-
2021-0272; Project Identifier MCAI-2020-01485-T.

(a) Effective Date

    This airworthiness directive (AD) is effective August 24, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-100-1A10
airplanes, certificated in any category, serial numbers 20003
through 20407 inclusive, equipped with FMC-5000 flight management
computers.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Unsafe Condition

    This AD was prompted by a report that certain airplanes have
navigation units with outdated magnetic variation (MagVar) tables.
The FAA is issuing this AD to address outdated MagVar tables inside
navigation systems, which can affect the performance of the
navigation systems and result in the presentation of misleading
magnetic heading references on the primary flight displays (PFDs)
and multi-function displays (MFDs), positioning the airplane outside
of the terrain and obstacle protection provided by instrument flight
procedures and flight route designs, and can lead to significantly
inaccurate heading, course, and bearing calculations.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Revision of the Airplane Flight Manual (AFM)

    Within 60 days after the effective date of this AD: Revise the
existing AFM and applicable corresponding operational procedures to
incorporate the information specified in the Flight Management
System (FMS) limitation in Section 02-04--Systems Limitations, of
Chapter 02--Limitations, of the applicable AFM, specified in figure
1 to paragraph (g) of this AD.

[GRAPHIC] [TIFF OMITTED] TR20JY21.000

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) TCCA AD CF-2020-33, dated September 29, 2020, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2021-0272.
    (2) For more information about this AD, contact Thomas Niczky,
Aerospace Engineer, Avionics and Electrical Systems Section, FAA,
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Flight Management System (FMS) limitation in Section 02-04--
Systems Limitations, of Chapter 02--Limitations, of the Bombardier
Challenger 300 Airplane Flight Manual (Imperial Version),
Publication No. CSP 100-1, Revision 58, dated January 15, 2020.
    (ii) FMS limitation in Section 02-04--Systems Limitations, of
Chapter 02--Limitations, of the Bombardier Challenger 300 Airplane
Flight Manual (Metric Version), Publication No. CSP 100-1 (Metric),
Revision 58, dated January 15, 2020.
    (3) For service information identified in this AD, contact
Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 2A3, Canada; North America toll-free telephone 1-
866-538-1247 or direct-dial telephone 1-514-855-2999; email
<EMAIL_ADDRESS>internet https://www.bombardier.com.

    Note 1 to paragraph (j)(3): For obtaining the FMS limitation for
Bombardier Challenger 300 Airplane Flight Manual (Imperial Version),
Publication No. CSP 100-1, use Document Identification No. CH 300
AFM-I.

     Note 2 to paragraph (j)(3): For obtaining the FMS limitation
for Bombardier Challenger 300 Airplane Flight Manual (Metric
Version), Publication No. CSP 100-1 (Metric), use Document
Identification No. CH 300 AFM-M.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.

    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 21, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-15349 Filed 7-19-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Rules and Regulations]
[Pages 29011-29013]
[FR Doc No: 2018-13433]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0531]
RIN 1625-AA00

Safety Zone; Unexploded Ordnance Detonation, Gulf of Mexico,
Pensacola, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of the Gulf of Mexico near Fort Pickens in
Pensacola, FL. This temporary safety zone is necessary to protect
persons, vessels, and the marine environment from potential hazards
associated with the detonation of unexploded ordnance. Entry into this
zone is prohibited to all vessels and persons unless authorized by the
Captain of the Port Sector Mobile or a designated representative.

DATES: This rule is effective without actual notice from June 22, 2018
through June 30, 2018. For purposes of enforcement, actual notice will
be used from June 14, 2018 through June 22, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0531 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Kyle D. Berry, Sector Mobile Waterways
Management Division, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because it is impracticable and
contrary to the public interest. It is impracticable to publish an NPRM
because we must enforce this safety zone starting June 14, 2018 and
lack sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule. It is also contrary to
the public interest as it would delay the safety measures necessary to
protect persons, vessels, and the marine environment from the potential
hazards associated with the detonation of unexploded ordnance.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule is contrary to public interest because it would delay the
safety measures necessary to protect persons, vessels, and the marine
environment from the potential hazards associated with the detonation
of unexploded ordnance.
    The United States Army Corps of Engineers is conducting a Remedial
Investigation/Feasibility Study for the Fort Pickens Munitions Response
Site 01--Range Complex, located in Escambia County, Florida. The site,
which is located along the western tip of Santa Rosa Island and extends
south into the Gulf of Mexico, was used for coastal defense from before
the Civil War until after World War II. There is a potential that the
marine investigation may encounter munitions that will require in-water
detonation to address potential explosive hazards. The safety zone will
encompass a 1,000 yard square area detonation area surrounded by a
1,200 yard buffer area. The United States Army Corps of Engineers will
be responsible for the detonation of ordnance within the safety zone.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Sector Mobile (COTP) has determined that
potential hazards associated with the detonation of unexploded ordnance
beginning on June 14, 2018 will be a safety concern for any vessels or
persons on the Gulf of Mexico near Fort Pickens in Pensacola, FL. This
rule is necessary to protect persons, vessels, and the marine
environment from the potential hazards associated with the detonation
of unexploded ordnance.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from June 14, 2018
through June 30, 2018. The safety zone will cover all navigable waters
of the Gulf of Mexico within the approximate positions
30[deg]17'47.65'' N, 87[deg]21'36.5'' W; 30[deg]17'47.65'' N,
87[deg]19'39.8'' W; 30[deg]16'6.35'' N, 87[deg]19'39.8'' W; and
30[deg]16'6.35'' N, 87[deg]21'36.5'' W near Fort Pickens in Pensacola,
FL. The safety zone will encompass a 1,000 yard square area detonation
area surrounded by a 1,200 yard buffer area. A chart depicting the area
is included in the docket where indicated under ADDRESSES.
    The duration of this safety zone is intended to protect persons,
vessels, and the marine environment, and will only be enforced if and
when the detonation of unexploded ordnance is necessary. No person or
vessel will be permitted to enter or transit within the safety zone
during periods of enforcement unless authorized by the COTP or a
designated representative. The periods of

enforcement will be one hour prior to, during, and after any ordnance
exploding operations. The Coast Guard was informed that the operations
would take place during daylight hours only. A law enforcement vessel
will coordinate all vessel traffic during the enforcement periods. The
COTP or a designated representative will inform the public through
Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs),
and/or Marine Safety Information Bulletins (MSIBs) at least 3 hours in
advance of each enforcement period.
    Entry into the temporary safety zone is prohibited unless
authorized by the COTP or a designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard assigned to units under the operational control of USCG
Sector Mobile. Vessels requiring entry into this safety zone must
request permission from the COTP or a designated representative. They
may be contacted on VHF-FM channel 16 or by telephone at<PHONE_NUMBER>.
The COTP or a designated representative will inform the public of the
enforcement periods of this safety zone through BNMs, LNMs, and/or
MSIBs as appropriate.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory determination is based on the size, location, and
duration of the temporary safety zone. Vessel traffic will be able to
safely transit around this safety zone which would impact a small
designated area of the Gulf of Mexico only as necessary for the
detonation of ordnance during a two and half week period. Moreover, the
Coast Guard will issue a BNMs via VHF-FM marine channel 16 about the
zone, and the rule allows vessels to seek permission to enter the zone.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a temporary safety zone that will prohibit entry on a small designated
area of the Gulf of Mexico near Fort Pickens in Pensacola, FL only as
necessary for the detonation of ordnance. It is categorically excluded
from further review under paragraph L60(a) of Appendix A, Table 1 of
DHS Instruction

Manual 023-01-001-01, Rev.01. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1; 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T08-0531 to read as follows:

Sec.  165.T08-0531  Safety Zone; Unexploded Ordnance Detonation, Gulf
of Mexico, Pensacola, FL.

    (a) Location. The following area is a safety zone: All navigable
waters on the Gulf of Mexico within the approximate positions
30[deg]17'47.65'' N, 87[deg]21'36.5'' W; 30[deg]17'47.65'' N,
87[deg]19'39.8'' W; 30[deg]16'6.35'' N, 87[deg]19'39.8'' W; and
30[deg]16'6.35'' N, 87[deg]21'36.5'' W near Fort Pickens in Pensacola,
FL.
    (b) Effective dates. This section is effective without actual
notice from June 22, 2018 through June 30, 2018. For purposes of
enforcement, actual notice will be used from June 14, 2018 through June
22, 2018.
    (c) Enforcement periods. This section will be enforced during the
effective period one hour prior to, during, and after any ordnance
exploding operations. The operations will take place during daylight
hours only. The Captain of the Port Sector Mobile (COTP) or a
designated representative will inform the public through Broadcast
Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or
Marine Safety Information Bulletins (MSIBs) at least 3 hours in advance
of each enforcement period. A law enforcement vessel will coordinate
all vessel traffic during the enforcement periods.
    (d) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into this zone is prohibited unless authorized by
the COTP or a designated representative. A designated representative is
a commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector Mobile.
    (2) Persons or vessels seeking to enter into or transit through the
zone must request permission from the COTP or a designated
representative. They may be contacted on VHF-FM channel 16 or by
telephone at<PHONE_NUMBER>.
    (3) Persons and vessels permitted to enter this safety zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
    (e) Informational broadcasts. The COTP or a designated
representative will inform the public of the enforcement periods of
this safety zone through BNMs, LNMs, and/or MSIBs as appropriate.

    Dated: June 6, 2018.
M.R. McLellan,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2018-13433 Filed 6-21-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Notices]
[Pages 26677-26678]
[FR Doc No: 2017-11918]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC17-126-000.
    Applicants: South Central MCN LLC.
    Description: Application of South Central MCN LLC for Authorization
to Acquire Transmission Facilities Pursuant to Section 203 of the
Federal Power Act, et al.
    Filed Date: 6/1/17.
    Accession Number: 20170601-5324.
    Comments Due: 5 p.m. ET 6/22/17.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG17-113-000.
    Applicants: Algonquin Power Sanger LLC.
    Description: Algonquin Power Sanger LLC Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 5/31/17.
    Accession Number: 20170531-5377.
    Comments Due: 5 p.m. ET 6/21/17.

    Docket Numbers: EG17-114-000.
    Applicants: Hattiesburg Farm, LLC.
    Description: Self-Certification of Exempt Wholesale Generator
Status of Hattiesburg Farm, LLC.
    Filed Date: 5/31/17.
    Accession Number: 20170531-5378.
    Comments Due: 5 p.m. ET 6/21/17.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER14-1736-003.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2017-06-01_Compliance filing to
implement Cost Recovery Mechanism Settlement to be effective 1/29/2014.
    Filed Date: 6/1/17.
    Accession Number: 20170601-5249.
    Comments Due: 5 p.m. ET 6/22/17.

    Docket Numbers: ER17-1347-001.
    Applicants: PacifiCorp.
    Description: Compliance filing: OATT Revised Attachment H-1 (Rev
Depreciation Rates 2017) Compliance to be effective 6/1/2017.
    Filed Date: 5/31/17.
    Accession Number: 20170531-5319.
    Comments Due: 5 p.m. ET 6/21/17.

    Docket Numbers: ER17-1433-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance filing: Amendment to Compliance Filing in
Docket No. ER17-1433-000 to be effective 1/19/2017.
    Filed Date: 6/2/17.
    Accession Number: 20170602-5042.
    Comments Due: 5 p.m. ET 6/23/17.

    Docket Numbers: ER17-1739-000.
    Applicants: Pennsylvania Windfarms, LLC.
    Description: Tariff Cancellation: Pennsylvania Windfarms, LLC
Notice of Cancellation of Market-Based Rate Tariff to be effective 6/2/
2017.
    Filed Date: 6/1/17.
    Accession Number: 20170601-5250.
    Comments Due: 5 p.m. ET 6/22/17.

    Docket Numbers: ER17-1740-000.
    Applicants: Pennsylvania Windfarms, LLC.
    Description: Tariff Cancellation: Pennsylvania Windfarms, LLC
Notice of Cancellation of CFA to be effective 6/2/2017.
    Filed Date: 6/1/17.
    Accession Number: 20170601-5251.
    Comments Due: 5 p.m. ET 6/22/17.

    Docket Numbers: ER17-1741-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Central Nebraska Public
Power and Irrigation District Stated Rate Revisions to be effective 12/
31/9998.
    Filed Date: 6/1/17.
    Accession Number: 20170601-5252.
    Comments Due: 5 p.m. ET 6/22/17.

    Docket Numbers: ER17-1742-000.
    Applicants: Hattiesburg Farm, LLC.
    Description: Baseline eTariff Filing: Market-Based Rate Tariff to
be effective 6/6/2017.
    Filed Date: 6/1/17.
    Accession Number: 20170601-5273.
    Comments Due: 5 p.m. ET 6/22/17.

    Docket Numbers: ER17-1743-000.
    Applicants: Doswell Limited Partnership.
    Description: Sec.  205(d) Rate Filing: Reactive Power Tariff Filing
to be effective 7/1/2017.
    Filed Date: 6/1/17.
    Accession Number: 20170601-5281.
    Comments Due: 5 p.m. ET 6/22/17.

    Docket Numbers: ER17-1744-000.
    Applicants: New England Power Pool Participants Committee.
    Description: Sec.  205(d) Rate Filing: June 2017 Membership Filing
to be effective 5/1/2017.
    Filed Date: 6/1/17.
    Accession Number: 20170601-5288.
    Comments Due: 5 p.m. ET 6/22/17.

    Docket Numbers: ER17-1745-000.
    Applicants: Public Service Company of New Mexico.
    Description: Initial rate filing: Executed Transmission Agreement
between PNM and Avangrid Renewables, LLC to be effective 6/1/2017.

    Filed Date: 6/2/17.
    Accession Number: 20170602-5048.
    Comments Due: 5 p.m. ET 6/23/17.

    Docket Numbers: ER17-1746-000.
    Applicants: Cork Oak Solar LLC, Sunflower Solar LLC.
    Description: Baseline eTariff Filing: Market Based Rate Tariff for
Sunflower and Cork Oak to be effective 6/2/2017.
    Filed Date: 6/2/17.
    Accession Number: 20170602-5061.
    Comments Due: 5 p.m. ET 6/23/17.

    Docket Numbers: ER17-1747-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: First Revised Service
Agreement No. 4661; Queue AA2-115/AB2-112 (ISA) to be effective 5/3/
2017.
    Filed Date: 6/2/17.
    Accession Number: 20170602-5076.
    Comments Due: 5 p.m. ET 6/23/17.

    Docket Numbers: ER17-1748-000.
    Applicants: Arizona Public Service Company.
    Description: Sec.  205(d) Rate Filing: Rate Schedule Nos. 244, 252,
and 288--Morgan Integration to be effective 8/1/2017.
    Filed Date: 6/2/17.
    Accession Number: 20170602-5078.
    Comments Due: 5 p.m. ET 6/23/17.

    Docket Numbers: ER17-1749-000.
    Applicants: Nevada Power Company.
    Description: Sec.  205(d) Rate Filing: Rate Schedule No. 95 Amended
& Restated Navajo Project Co-Tenancy Agr. to be effective 8/2/2017.
    Filed Date: 6/2/17.
    Accession Number: 20170602-5111.
    Comments Due: 5 p.m. ET 6/23/17.

    Docket Numbers: ER17-1750-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: Silicon Valley Power
Replacement IA and TFAs (SA 343) to be effective 8/1/2017.
    Filed Date: 6/1/17.
    Accession Number: 20170601-5330.
    Comments Due: 5 p.m. ET 6/22/17.

    Docket Numbers: ER17-1751-000.
    Applicants: Veritas Energy Group, LLC.
    Description: Baseline eTariff Filing: Market-Based Rate Tariff
Application to be effective 8/2/2017.
    Filed Date: 6/2/17.
    Accession Number: 20170602-5115.
    Comments Due: 5 p.m. ET 6/23/17.

    Docket Numbers: ER17-1752-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: Silicon Valley Power
Redesignation of Grizzly Agreement (RS 248) to be effective 8/1/2017.
    Filed Date: 6/1/17.
    Accession Number: 20170601-5331.
    Comments Due: 5 p.m. ET 6/22/17.

    Docket Numbers: ER17-1753-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2017-06-02_Tariff Amendments
to Revise TSR Redispatch Provisions to be effective 8/2/2017.
    Filed Date: 6/2/17.
    Accession Number: 20170602-5121.
    Comments Due: 5 p.m. ET 6/23/17.

    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH17-16-000.
    Applicants: New Jersey Resources Corporation.
    Description: New Jersey Resources Corporation submits FERC 65-A
Material Change in Facts of Exemption Notification.
    Filed Date: 6/2/17.
    Accession Number: 20170602-5052.
    Comments Due: 5 p.m. ET 6/23/17.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF17-1054-000.
    Applicants: Farmingdale Fuel Cell, LLC.
    Description: Form 556 of Farmingdale Fuel Cell, LLC.
    Filed Date: 6/1/17.
    Accession Number: 20170601-5214.
    Comments Due: None Applicable.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 2, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-11918 Filed 6-7-17; 8:45 am]
 BILLING CODE 6717-01-P


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

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I started smoking around the age of 18, and I smoked for approximately 32 years. Despite numerous attempts to quit by using the patch, gums, Wellbutrin, Chantix, and inhalers, nothing stuck for me. In 2012, I was to the point where I was simply trying to lessen the damage by retrohaling cigarette smoke through my nose in order to get the nicotine without inhaling into my lungs. At that time, my son suggested trying an e-cig. Having nothing to lose other than the $50 I would spend on them, I ordered a starter pack from a large company. And guess what... it worked! I was able to take in nicotine without all of the harmful tars and additives that are present in cigarettes. It was the answer to my issue.

In a few short months, I realized that I needed something that provided a more satisfactory vaping experience, and I started using an eGo battery and a small tank that I would fill with the nicotine juice. I did that for about a year before buying a "mod" that provided variable voltage and wattage, again increasing the enjoyment of the experience.

I have now been cigarette free for almost two years, and I feel better than I have in a long time. I no longer get respiratory infections. I no longer have that smoker's cough. I teach group exercise classes! I have my life back!

Also...I've found that as time has gone on, my need for nicotine has lessened. I started at a 18mg (1.8%) solution, which is considered "strong." I'm now vaping a 6mg (.6%) solution. From 18mg to 6mg. And I didn't even try to lessen it. It just happened. I know many people that have gone from 24mg down to 0mg. All without even trying. That, sir, is an amazing thing.

I understand that some restrictions have to be in place to insure the safety of everyone, and that companies are putting out products that won't harm anyone. But I also feel that the industry does very well in policing itself. If a person walks into a vape shop, they're going to be met by someone who has been where they've been and has their best interest at heart. They're going to direct that person to an alternative that will be safe and better provide a quality vaping experience. In my opinion, I would suggest focusing your attentions on the "cig-a-like" options that are often made in China and sold in gas stations. Let the small independent "boutique" proprietors do what they do without excessive regulation and fees. It's just good business.

I appreciate your consideration of my request and am happy to discuss this issue with you further.


[Federal Register Volume 86, Number 112 (Monday, June 14, 2021)]
[Notices]
[Pages 31543-31547]
[FR Doc No: 2021-12338]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92125; File No. SR-DTC-2021-008]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Amend the Distributions Guide To Accommodate Participants' Tax
Reporting and Withholding Obligations

June 8, 2021.
    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 1, 2021, The Depository Trust Company (``DTC'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I and II below, which Items have been
primarily prepared by the clearing agency. DTC filed the proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The proposed rule change \5\ would amend the Procedures \6\ set
forth in the Distributions Guide to accommodate Participants' tax
reporting and withholding obligations under Section 1.1446(f)-4 (``IRS
Regulation'') \7\ of the final regulations of the Internal Revenue
Service (``IRS''), by setting forth DTC's proposed Procedure relating
to distribution of certain Participant tax forms and related
information to DTC's Participants, in accordance with the IRS

Regulation, as described in greater detail below.
---------------------------------------------------------------------------

    \5\ Each capitalized term not otherwise defined herein has its
respective meaning as set forth in the Rules, By-Laws and
Organization Certificate of The Depository Trust Company (the ``DTC
Rules''), available at http://www.dtcc.com/legal/rules-and-procedures.aspx, and the DTC Corporate Actions Distributions Service
Guide (``Distributions Guide''), available at http://www.dtcc.com/~/
media/Files/Downloads/legal/service-guides/
Service%20Guide%20Distributions.pdf.
    \6\ Pursuant to the Rules, the term ``Procedures'' means the
Procedures, service guides, and regulations of DTC adopted pursuant
to Rule 27, as amended from time to time. See Rule 1, Section 1,
supra note 5. DTC's Procedures are filed with the Commission. They
are binding on DTC and each Participant in the same manner as they
are bound by the Rules. See Rule 27, supra note 5.
    \7\ See 26 CFR 1.1446(f)-4, available at https://www.law.cornell.edu/cfr/text/26/1.1446(f)-4.
---------------------------------------------------------------------------

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

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

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

1. Purpose
    The proposed rule change would amend the Procedures set forth in
the Distributions Guide to accommodate Participants' tax reporting and
withholding obligations under the IRS Regulation. In this regard, the
proposed rule change would set forth DTC's Procedure relating to
distribution of certain Participant tax forms and related information
to DTC's Participants, in accordance with the IRS Regulation, as
discussed below.
(a) Distributions Service
    The Distributions Service includes the announcement, collection,
allocation and reporting by DTC, on behalf of its Participants, of
dividend, interest and principal payments for Eligible Securities held
by Participants at DTC. This centralized processing provides efficiency
for Participants for their receipt of (i) payment information and (ii)
payments on distributions covered by Announcements (``Distribution
Event''),\8\ from multiple issuers and agents.\9\
---------------------------------------------------------------------------

    \8\ Distribution Events covered by Announcements include cash
dividends, interest, principal, capital gains, sale of rights on
American depositary receipts, return of capital, dividend with
option, stock splits, stock dividends, automatic dividend
reinvestments, spinoffs, rights distributions, pay in kind, and
liquidation. See Distributions Guide, supra note 5 at 12.
    \9\ See Distributions Guide, supra note 5 at 9.
---------------------------------------------------------------------------

    Also as part of the Distributions Service, DTC also provides tax
services (``Tax Services'') to facilitate Participant compliance with
tax obligations, including international tax regulations, tax treaty
provisions and withholding tax reporting requirements, including Tax
Event Announcements, U.S. Tax Withholding, Tax Relief and Tax Info
Services relating to distributions processed by DTC.\10\ Procedures
relating to Tax Services are set forth in the Distributions Guide.\11\
---------------------------------------------------------------------------

    \10\ See DTC Disclosure Framework for Covered Clearing Agencies
and Financial Market Infrastructures, available at https://www.dtcc.com/-/media/Files/Downloads/legal/policy-and-compliance/DTC_Disclosure_Framework.pdf at 9.
    \11\ See Distributions Guide, supra note 5.
---------------------------------------------------------------------------

Tax Forms
    In connection with its use of the DTC's services, each Participant
must submit to DTC the applicable IRS tax form (``Tax Form'').\12\ The
information in these forms, which includes the Participant's name,
federal tax identification number and certain certifications by the
Participant facilitates DTC's ability to provide Tax Services related
to tax reporting and withholding by facilitating DTC's ability to
determine the status of each Participant (``Tax Status'') with respect
to the type of reporting, and any rate of withholding, that may be
required under federal tax regulations with respect to distributions.
---------------------------------------------------------------------------

    \12\ See Distributions Guide, supra note 5 at 25.
---------------------------------------------------------------------------

    In this regard, Participants that are U.S. persons provide DTC with
a valid IRS Form W-9 (``Form W-9'').\13\ Each non-U.S. Participant
submits a valid IRS Form W-8,\14\ as applicable (``Form W-8'').\15\ The
form must be (1) valid for the type of entity; (2) filled out
completely; and (3) signed by an authorized signatory of the
entity.\16\ U.S. branches of foreign banks must also submit the
appropriate W-8 Form.\17\
---------------------------------------------------------------------------

    \13\ See IRS Form W-9, available at https://www.irs.gov/pub/irs-pdf/fw9.pdf.
    \14\ See IRS. ``About Instructions for the Requester of Forms W-
8 BEN, W-8 BEN-E, W-8 ECI, W-8 EXP, and W-8 IMY'', available at
https://www.irs.gov/forms-pubs/about-form-w-8.
    \15\ See Distributions Guide, supra note 5 at 25.
    \16\ Id.
    \17\ Id.
---------------------------------------------------------------------------

IRS Regulation
    The IRS Regulation sets forth requirements relating to tax
withholding and information reporting obligations on Participants with
respect to the transfer of a publicly traded partnership interests.\18\
In addition, Section 1.1446(f)-4(a)(5) \19\ of the IRS Regulation
provides that, when such withholding requirement is applicable, the
U.S. clearing organization (e.g., DTC) may act as an agent for the
selling Participant for purposes of furnishing the selling
Participant's Tax Form to the buying Participant, provided the clearing
organization notifies the selling Participant and such Participant has
the ability to opt-out. DTC understands that Section 1.1446(f)-4(a)(5)
\20\ of the IRS Regulation is intended to address concerns about the
difficulty of Participants obtaining documentation to determine whether
tax withholding or reporting applies on certain transaction to other
Participants processed through DTC's systems. In this regard, the IRS
has issued guidance on use of the Tax Forms for determining a payee's
tax status such that a payor would be able to properly report of
affected payments and apply the correct withholding rate.\21\ In
accordance with the IRS Regulation, DTC proposes to implement a method
to share Tax Forms and related information among Participants.
---------------------------------------------------------------------------

    \18\ See 26 CFR 1.1446(f)-4, supra note 7.
    \19\ Id.
    \20\ Id.
    \21\ See IRS 2021 Publication 515, available at https://www.irs.gov/pub/irs-pdf/p515.pdf at 46-47.
---------------------------------------------------------------------------

Proposal
    Pursuant to the proposed rule change, DTC would make each
Participant's Tax Forms available to all Participants in accordance
with the IRS Regulation. DTC would make the Tax Forms available for
download by Participant on the DTC system to facilitate tax withholding
and reporting obligations related to dispositions of partnership
interests. Also, in accordance with the IRS Regulation, Participants
would be able to opt-out of having their Tax Form(s) made available for
other Participants to download, as described below.
    In this regard, beginning on or about August 31, 2021,
Participants' Tax Forms would be made available for download in DTC's
Corporate Actions Web browser (``CA Web''). Tax Forms would be
available through the ``Instructions'' tab on CA Web, under ``TaxInfo,
Country of Investment: United States.'' To find, view, and download
another Participants' tax form, a Participant would access CA Web as
described above, and scroll to the relevant Participant Tax Form to
download.
    As an interim step, to facilitate Participants' ability to develop
their internal procedures and processes to comply with their tax
reporting and withholding requirements under the IRS Regulation,
beginning on June 15, 2021, DTC would make available on CA Web tax
status information (``Tax Status Information''). The Tax Status
Information for each Participant would indicate (i) the type of Tax
Form provided by the Participant to DTC (i.e., either Form W-9 or the
type of Form W-8 provided (e.g., Form W-8 IMY, W-8BEN-E or W-8ECI)),
and (ii) for Participants that provided Form W-8 IMY, whether the
Participant indicated

on the Form W-8 IMY that it is (a) Qualified Intermediary, (b) non-
Qualified Intermediary, (c) U.S. Branch--Treated as a U.S. Person or
(d) U.S. Branch--not-treated as a U.S. Person.
    The Tax Status Information would be made available in the same
location on CA Web as the Tax Forms would be located, as described
above.
    Pursuant to the proposed rule change, Participants would be able to
elect to opt-out of having their Tax Forms and Tax Status Information
posted to CA Web for other Participants to download. Participants would
use an opt-out form (``Opt-Out Form'') and submit their elections
(``Opt-Out Election'') to opt-out electronically to DTCC's Account
Administration department using a mechanism provided at a link to be
set forth in the Distributions Guide. Each Opt-Out Election would
remain in place indefinitely until DTC is in receipt of a duly
authorized written notice from the Participant rescinding this Opt-Out
Election.
Text of Proposed Rule Change
    In this regard, DTC would add the following text to the
Distributions Guide in the ``Other Services'' section, just after the
subsection titled ``Undistributed Long-Term Capital Gains'' and before
the subsection titled ``Claims''.
    ``Tax Form Repository
    Beginning on June 15, 2021, to facilitate Participants' ability to
comply with tax withholding and reporting regulations relating to the
disposition of partnership interests, and in furtherance of DTC's role
as a ``clearing organization'' in accordance with Section 1.1446(f)-
4(a)(5) of the final regulations of the Internal Revenue Service,
Participant tax status information (``Tax Status Information'') from
the Tax Forms of Participants shall be made available to Participants
in the ``Instructions'' tab of CA Web, within ``TaxInfo, Country of
Investment: United States.'' Tax Status Information will no longer be
available once Tax Forms become available for download from CA Web, as
described below.
    Beginning on or about August 31, 2021, to facilitate Participants'
ability to comply with tax withholding and reporting regulations
relating to the disposition of partnership interests, and in accordance
with Section 1.1446(f)-4(a)(5) of the final regulations of the Internal
Revenue Service, Participant tax forms (i.e., IRS Forms W-9 and W-8)
(``Tax Forms'') shall be available for Participants to view and
download. Tax Forms shall be available in the ``Instructions'' tab of
CA Web, within ``TaxInfo, Country of Investment: United States.
Opt-Out
    Effective immediately, a Participant may submit an election (``Opt-
Out Election'') to DTC to opt-out of having its Tax Form and Tax Status
Information posted to CA Web, by electronically submitting a form
(``Opt-Out Form'') made available by DTC for this purpose. The Opt-out
Form, as well as the mechanism for completing, electronically signing
and submitting the form, is available at https://na2.docusign.net/
Member/PowerFormSigning.aspx?PowerFormId=854f0396-16aa-4fbb-bf67-
c694274c04cf&env=na2&acct=642629e5-740a-442a-b744-d7655d9a1f21&v=2.''
Any Opt-Out Election will only be considered valid if it is (i) fully
completed and electronically signed by an authorized signer of the
Participant using the Opt-Out Form and (ii) submitted through the
mechanism made available through this link. An Opt-Out Election will
become effective as of a date designated by the Participant on the Opt-
Out Form. For this purpose, a Participant may designate its account
activation date (for new Participants of DTC), or a future date, for
its Opt-Out Election to become effective. Each Opt-Out Election will
remain in place indefinitely until DTC is in receipt of a duly
authorized written notice from the Participant rescinding this Opt-Out
Election.
    Please contact your Relationship Manager with any questions
regarding Opt-Out Elections.''
Effective Date
    The proposed rule change would be effective upon filing with the
Commission. The proposed rule change would not become operative for 30
days after the date of the filing, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest.
2. Statutory Basis
    DTC believes that the proposed rule change is consistent with the
requirements of the Act, and the rules and regulations thereunder
applicable to DTC, in particular Section 17A(b)(3)(F) \22\ of the Act.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    Section 17A(b)(3)(F) of the Act \23\ requires, inter alia, that the
rules of the clearing agency be designed to foster cooperation and
coordination with persons engaged in the clearance and settlement of
securities transactions. As described above, the proposed rule change
would amend the Distributions Guide, as described above, to accommodate
Participants' tax reporting and withholding obligations relating to
transactions subject to the IRS Regulation. Specifically, DTC
understands, when a non-U.S. Participant Delivers a Security (acting on
behalf of a seller) representing a publicly traded partnership interest
to another Participant (acting on behalf of a buyer), the Participant
acting on behalf of the buyer may be required to withhold tax and/or
perform reporting to the IRS relating the proceeds realized by a
selling non-U.S. Participant.\24\ DTC believes that the sharing of
Participant Tax Forms and Tax Status Information would accommodate
compliance by Participants with the IRS Regulation for such
transactions for such transfers between them because the Tax Form and
Tax Status Information contain information that would facilitate
Participants' ability to determine if they have an obligation for tax
withholding and reporting under the IRS Regulation.\25\ Therefore,
because the proposed rule change would accommodate the exchange of Tax
Forms and Tax Status Information between Participants, and this would
facilitate compliance with certain tax requirements for certain
activity they transact among themselves, as described above, DTC
believes that the proposed rule change would foster cooperation and
coordination with persons engaged in the clearance and settlement of
securities transactions, consistent with the requirements of the Act,
in particular Section 17A(b)(3)(F) of the Act, cited above.
---------------------------------------------------------------------------

    \23\ Id.
    \24\ See supra note 7.
    \25\ Id.
---------------------------------------------------------------------------

(B) Clearing Agency's Statement on Burden on Competition

    DTC believes that the proposed rule change, as described above,
could impose a burden on competition, because by requiring Participants
to opt-out if they do not wish to have their Tax Status Information and
Tax Status Forms shared with other Participants, a Participant would
affirmatively need to submit an Opt-Out Form, which is an action that
they do not need to perform today.
    To the extent the proposed rule change may impose a burden on
competition, DTC believes it would be necessary and appropriate in
furtherance of the purposes of the Act,\26\

because the proposed rule change would (i) accommodate Participants'
tax reporting and withholding obligations under the IRS Regulation (ii)
and facilitate Participants' ability to comply with applicable DTC
Rules.\27\ In this regard, the proposed rule change would set forth
DTC's Procedure relating to the distribution of certain Participant tax
forms and related information to DTC's Participants, in accordance with
the IRS Regulation, and DTC is not aware of an alternative method
available to Participants to share Tax Forms and Tax Status Information
among each other in a centralized facility as contemplated by the IRS
Regulation.
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78q-1(b)(3)(I).
    \27\ Pursuant to Rule 2, Section 8, in connection with their use
of the Corporation's services, Participants must comply with all
applicable laws, including but not limited, to all applicable laws
relating to taxation. See Rule 2, supra note 5.
---------------------------------------------------------------------------

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others

    DTC has not solicited and does not intend to solicit written
comments regarding the proposed rule change. DTC has not received any
unsolicited written comments from interested parties. To the extent DTC
receives written comments on the proposed rule change, DTC will forward
such comments to the Commission.
    During outreach on the proposal by DTC to Participants,
Participants have indicated to DTC that receiving Tax Forms and Tax
Status Information through DTC would facilitate their ability to comply
with their tax withholding obligations. DTC is not aware of any
Participants indicating that they would prefer that these forms and
information not be shared among Participants.

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

    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 \28\ and Rule 19b-
4(f)(6) \29\ thereunder.
---------------------------------------------------------------------------

    \28\ 15 U.S.C. 78s(b)(3)(A).
    \29\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \30\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\31\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. DTC has requested that
the Commission waive the 30-day operative delay under Rule 19b-
4(f)(6)(iii) \32\ so that the proposed rule change may become effective
and operative on June 15, 2021. DTC states that the proposal is
intended to amend the Distributions Guide to allow DTC to provide tax
information and facilitate Participants' compliance with tax reporting
and withholding obligations relating to the disposition of partnership
interests, in accordance with the IRS Regulation. DTC further states
that implementation of the proposed rule change within a shorter
timeframe would facilitate Participants' ability to make necessary
adjustments to their internal processes and systems to timely comply
with the IRS Regulation, and therefore facilitate their ability to
comply with applicable U.S. tax reporting and withholding requirements
on behalf of themselves and their customers that invest in partnership
interests. Accordingly, DTC believes that the prompt implementation of
these changes would be consistent with the public interest and the
protection of investors.
---------------------------------------------------------------------------

    \30\ Id.
    \31\ 17 CFR 240.19b-4(f)(6)(iii).
    \32\ Id.
---------------------------------------------------------------------------

    The Commission believes that delaying the operation of the proposed
rule change for 30 days would impede DTC's ability to begin to provide
tax information and facilitate Participants' ability to comply with tax
reporting and withholding obligations relating to the disposition of
partnership interests, in accordance with the IRS Regulation which will
become effective on January 1, 2022. Moreover, the Commission believes
that the proposed rule change would not significantly affect the
protection of investors or the public interest or impose a significant
burden on competition because the changes are designed to facilitate
compliance with the IRS regulation and do not affect the rights of
Participants or impose any new costs on Participants. Accordingly, the
Commission waives the operative delay and designates the proposed rule
change as effective and operative on June 15, 2021.\33\
---------------------------------------------------------------------------

    \33\ DTC satisfied the five-day pre-filing requirement. For
purposes only of waiving the 30-day operative delay, the Commission
has considered the proposed rule change's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-DTC-2021-008 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-DTC-2021-008. 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 DTC and on DTCC's website
(http://dtcc.com/legal/sec-rule-filings.aspx). 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-DTC-

2021-008 and should be submitted on or before July 6, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\34\
---------------------------------------------------------------------------

    \34\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-12338 Filed 6-11-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Rules and Regulations]
[Pages 18860-18862]
[FR Doc No: 2017-08214]

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

Coast Guard

33 CFR Part 100

[Docket No. USCG-2017-0305]
RIN 1625-AA08

Special Local Regulation; Hebda Cup Rowing Regatta; Detroit
River, Trenton Channel; Wyandotte, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation for
certain waters of the Detroit River, Trenton Channel, Wyandotte, MI.
This action is necessary and is intended to ensure safety of life on
navigable waters to be used for a rowing event immediately prior to,
during, and immediately after this event. This regulation requires
vessels to maintain a minimum speed for safe navigation and
maneuvering.

DATES: This temporary final rule is effective from 7:30 a.m. until 4:30
p.m. on April 29, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0305 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Tracy Girard, Prevention Department,
Sector Detroit, Coast Guard; telephone<PHONE_NUMBER>, or email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
COTP Captain of the Port
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
Coast Guard did not receive the final details of this rowing event
until there was insufficient time remaining before the event to publish
an NPRM. Thus, delaying the effective date of this rule to wait for a
comment period to run would be impracticable because it would inhibit
the Coast Guard's ability to protect participants, mariners and vessels
from the hazards associated with this event. We are issuing this rule
under 5 U.S.C. 553(d)(3), as the Coast Guard finds that good cause
exists for making it effective less than 30 days after publication in
the Federal Register for the same reason noted above.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port Detroit (COTP) has determined that the
likely combination of recreation vessels, commercial vessels, and an
unknown number of spectators in close proximity to a youth rowing
regatta along the water pose extra and unusual hazards to public safety
and property. Therefore, the COTP is establishing a Special Local
Regulation around the event location to help minimize risks to safety
of life and property during this event.

IV. Discussion of the Rule

    This rule establishes a temporary special local regulation from
7:30 a.m. until 4:30 p.m. on April 29, 2017. In light of the
aforementioned hazards, the COTP has determined that a special local
regulation is necessary to protect spectators, vessels, and
participants. The special local regulation will encompass the following
waterway: All waters of the Detroit River, Trenton Channel between the
following two lines going from bank-to-bank: the first line is drawn
directly across the channel from position 42[deg]11.0' N.,
083[deg]09.4' W. (NAD 83); the second line, to the north, is drawn
directly across the channel from position 42[deg]11.7' N.,
083[deg]08.9' W. (NAD 83).
    An on-scene representative of the COTP or event sponsor
representatives may permit vessels to transit the area when no race
activity is occurring. The on-scene representative may be present on
any Coast Guard, state, or local law enforcement vessel assigned to
patrol the event. Vessel operators desiring to transit through the
regulated area must contact the Coast Guard Patrol Commander to obtain
permission to do so. The COTP or his designated on-scene representative
may be contacted via VHF Channel 16 or at<PHONE_NUMBER>.
    The COTP or his designated on-scene representative will notify the
public of the enforcement of this rule by all appropriate means,
including a Broadcast Notice to Mariners and Local Notice to Mariners.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. Executive Order 13771
    (``Reducing Regulation and Controlling Regulatory Costs''), directs
agencies to reduce regulation and control regulatory costs and provides
that ``for every one new regulation issued, at least two prior
regulations be identified for elimination, and that the cost of planned
regulations be prudently managed and controlled through a budgeting
process.''
    The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, the Office of Management and Budget (OMB) has
not reviewed it. As this rule is not a significant regulatory action,
this rule is exempt from the requirements of Executive Order 13771. See
OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of
the Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs''' (February 2, 2017). A regulatory
analysis (RA) follows.
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the special local regulation.
Vessel traffic will be able to safely transit around this special local
regulation zone which will impact a small designated area of the
Detroit River from 7:30 a.m. to 4:30 p.m. April 29, 2017. Moreover, the
Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the special local regulation and the rule allows
vessels to seek permission to enter the area.

B. Impact on Small Entities

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

and the Regional Small Business Regulatory Fairness Boards. The
Ombudsman evaluates these actions annually and rates each agency's
responsiveness to small business. If you wish to comment on actions by
employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The
Coast Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a special local regulation lasting nine hours that will
limit entry to a designated area. It is categorically excluded under
section 2.B.2, figure 2-1, and paragraph 34(h) of the Instruction. A
Record of Environmental Consideration (REC) is available in the docket
where indicated in the ADDRESSES section of this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  100.T09-0305 to read as follows:

Sec.  100.T09-0305  Special local regulation; Hebda Cup Rowing Regatta;
Detroit River, Trenton Channel, Wyandotte, MI.

    (a) Location. A regulated area is established to encompass the
following waterway: All waters of the Detroit River, Trenton Channel
between the following two lines going from bank-to-bank: the first line
is drawn directly across the channel from position 42[deg]11.0' N.,
083[deg]09.4' W. (NAD 83); the second line, to the north, is drawn
directly across the channel from position 42[deg]11.7' N.,
083[deg]08.9' W. (NAD 83).
    (b) Enforcement period. This section is effective and will be
enforced from 7:30 a.m. until 4:30 p.m. on April 29, 2017.
    (c) Regulations. (1) Vessels transiting through the regulated area
are to maintain the minimum speeds for safe navigation.
    (2) Vessel operators desiring to operate in the regulated area must
contact the Coast Guard Patrol Commander to obtain permission to do so.
The Captain of the Port Detroit (COTP) or his on-scene representative
may be contacted via VHF Channel 16 or at<PHONE_NUMBER>. Vessel
operators given permission to operate within the regulated area must
comply with all directions given to them by the COTP or his on-scene
representative.
    (3) The ``on-scene representative'' of the COTP Detroit is any
Coast Guard commissioned, warrant or petty officer or a Federal, State,
or local law enforcement officer designated by or assisting the Captain
of the Port Detroit to act on his behalf.
    (4) Vessel operators shall contact the COTP Detroit or his on-scene
representative to obtain permission to enter or operate within the
special local regulation. The COTP Detroit or his on-scene
representative may be contacted via VHF Channel 16 or at<PHONE_NUMBER>.
Vessel operators given permission to enter or operate in the regulated
area must comply with all directions given to them by the COTP Detroit
or his on-scene representative.

    Dated: April 19, 2017.
R. Negron,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2017-08214 Filed 4-21-17; 8:45 am]
 BILLING CODE 9110-04-P