[Federal Register: February 23, 2007 (Volume 72, Number 36)]
[Notices]
[Page 8219-8221]
[DOCID:fr23fe07-101]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55288; File No. SR-ISE-2007-09]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change, and Amendment No. 1 Thereto, To Establish Fee Discounts for Its
Enhanced Sentiment Market Data Offering

February 13, 2007.
    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 January 26, 2007, the International Securities Exchange, LLC
(``ISE'' or ``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 substantially prepared by
the ISE. The Exchange filed the proposal pursuant to Section
19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6) thereunder,\4\ which
renders the proposal effective upon filing with the Commission. On
February 9, 2007, the Exchange filed Amendment No. 1 to the proposed
rule change.\5\ The Commission is publishing this notice to solicit
comments on the proposed rule change, as amended, from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
    \5\ In Amendment No. 1, the Exchange more clearly identifies the
text it proposes to add to its Schedule of Fees, adds an explanation
of certain of that proposed new language, and clarifies its
description of the proposed discount.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Schedule of Fees to adopt a
discounted fee for a multi-product subscription of its enhanced
sentiment market data offering (``ISEE SelectTM''). The text
of the proposed rule change is available at the Exchange, on the
Exchange's Web site at http://www.iseoptions.com/legal/proposed_rule_changes.asp
, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    Pursuant to a filing previously approved by the Commission, the
Exchange currently sells on a subscription basis, to both members and
non-members, ISEE Select.\6\ ISEE Select

is based on the ISE Sentiment Index[supreg], or ISEE[supreg], a
calculation that represents an overall view of market sentiment. The
ISEE provides an intra-day picture of how investors view stock prices
by assessing customers' option trading activity. Unlike the traditional
put/call ratio, which makes no distinction between customer, market
maker or firm transactions, the ISEE measures only opening long
customer transactions on the ISE. The ISE updates the current ISEE
value hourly during market hours and posts it for free on its Web
site.\7\
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    \6\ See Securities Exchange Act Release Nos. 53532 (March 21,
2006), 71 FR 15501 (March 28, 2006) (SR-ISE-2005-56) (Notice of
Filing of Proposed Rule Change to Establish Fees for Enhanced
Sentiment Market Data); 53756 (May 3, 2006), 71 FR 27526 (May 11,
2006) (SR-ISE-2005-56) (Order Approving Proposed Rule Change to
Establish Fees for Enhanced Sentiment Market Data) (``Initial
Filing'').
    \7\ http://www.iseoptions.com/marketplace/statistics/sentiment_index.asp
.

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    Pursuant to the Initial Filing, ISEE Select allows subscribers to
identify bullish and bearish investor sentiment for nearly any issue
traded on the Exchange using the same formula that is used for the ISEE
calculation. Where the ISEE is a single value for the overall market
sentiment, ISEE Select provides specific information to allow an end
user to retrieve a sentiment value for an individual symbol via a user-
defined query tool. In addition to the user-defined query tool, ISE
also offers a pre-defined scanning tool that combs the market for
sentiment levels that meet pre-defined parameters. ISEE Select provides
sentiment values for particular indices, industry sectors or individual
stocks and is calculated three times per hour versus only one time per
hour for the ISEE.
    ISEE Select is currently available to on-line investors on a
subscription basis as follows: (i) 100 user-defined queries for $11.95
per month; (ii) 200 user-defined queries for $14.95 per month; (iii)
unlimited user-defined queries for $19.95 per month; and (iv) unlimited
pre-defined queries for $11.95 per month. ISEE Select is also offered
by third-parties that participate in the Exchange's Marketing Alliance
program.\8\ Customers of participating third-parties are able to take
advantage of a discounted price for the same four subscription levels.
The discounted rates for these subscribers are as follows: (i) 100
user-defined queries for $9.95 per month; (ii) 200 user-defined queries
for $11.95 per month; (iii) unlimited user-defined queries for $15.95
per month; and (iv) unlimited pre-defined queries for $9.95 per month.
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    \8\ When the Commission published the Initial Filing, the
Marketing Alliance program was known as the ISE Broker Marketing
Alliance, and participation in it was limited to broker-dealers.
Following the launch of the ISEE Select market data offering, and in
response to the interest the Exchange received from many non-broker-
dealers wishing to participate in the Marketing Alliance program,
the Exchange subsequently expanded the program by eliminating its
limitation to only broker-dealers. See Securities Exchange Act
Release Nos. 54508 (September 26, 2006) 71 FR 58459 (October 3,
2006) (SR-ISE-2006-44) (Notice of Filing of Proposed Rule Change to
Expand the Broker Marketing Alliance to Include Non-Broker-Dealers
with Regard to Enhanced Sentiment Market Data Offering); 54704
(November 3, 2006), 71 FR 65859 (November 9, 2006) (SR-ISE-2006-44)
(Order Approving Proposed Rule Change to Expand the Broker Marketing
Alliance to Include Non-Broker-Dealers with Regard to Enhanced
Sentiment Market Data Offering).
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    The Exchange now proposes to offer to both member and non-member
subscribers the following multi-product discounted subscription fees:
$24.95 per month for customers who subscribe directly through ISE to
both the unlimited pre-defined query and either 200 user-defined
queries or unlimited user-defined queries; or $19.95 per month for
customers of the Marketing Alliance program partners that subscribe to
both the unlimited pre-defined query and either 200 user-defined
queries or unlimited user-defined queries. The Exchange notes that the
multi-product discounts noted above are an actual reduction of the
actual subscription fees for the products to which they apply. If not
for the multi-product discount that is proposed in this filing, for on-
line subscribers directly through the ISE, these fees would be (i)
$26.90 per month for subscribers to both unlimited pre-defined queries
and 200 user-defined queries, or (ii) $31.90 per month for subscribers
to both unlimited pre-defined queries and unlimited user-defined
queries. For customers of the Marketing Alliance program partners, if
not for the multi-product discount, these fees would be (i) $21.90 per
month for subscribers to both unlimited pre-defined queries and 200
user-defined queries, or (ii) $25.90 per month for subscribers to both
unlimited pre-defined queries and unlimited user-defined queries.
Finally, the Exchange notes that the addition of the word ``user-
defined'' to its Schedule of Fees is a clarifying change and not a
substantive one. The enhanced sentiment market data offering that is
currently sold by the Exchange consists of both a user-defined query
tool and a pre-defined query tool. The purpose for adding the word
``user-defined'' is to differentiate it from the ``pre-defined'' query
tool.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(4), that an exchange have an equitable
allocation of reasonable dues, fees and other charges among its members
and other persons using its facilities. In particular, the proposed
rule filing will provide both members and non-members a multi-product
discount for subscription to ISEE Select.

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.

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

    Because the forgoing rule change does not: (1) Significantly affect
the protection of investors or the public interest; (2) impose any
significant burden on competition; and (3) become operative for 30 days
after the date of this filing, or such shorter time as the Commission
may designate, it has become effective pursuant to Section 19(b)(3)(A)
of the Act and Rule 19b-4(f)(6) thereunder.\9\
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    \9\ In addition, Rule 19b-4(f)(6) requires a self-regulatory
organization to give the Commission written notice of its intent to
file the proposed rule change, 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 ISE satisfied this
requirement.
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    A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange has requested that the Commission
waive the 30-day operative delay.
    Prior to approving the current fee structure for ISEE Select, the
Commission solicited comments from interested people, and no comments
were received.\10\ The Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest because such waiver would allow for immediate
implementation of the proposed fee discount for this product, which is
available to both members and non-members of the Exchange alike. In
addition, this proposed rule change presents no novel issues. For these
reasons, the Commission designates the proposed

rule change to be effective and operative upon filing with the
Commission.\11\
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    \10\ See Securities Exchange Act Release Nos. 54508 and 54704,
supra at n.8.
    \11\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of such proposed rule
change the Commission may summarily abrogate 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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-ISE-2007-09 on the subject line.

Paper Comments

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

    All submissions should refer to File Number SR-ISE-2007-09. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of the
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-ISE-2007-09 and should be submitted on or before March
16, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-3075 Filed 2-22-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 78, Number 172 (Thursday, September 5, 2013)]
[Proposed Rules]
[Pages 54599-54602]
[FR Doc No: 2013-21624]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0548]
RIN 1625-AA00

Safety Zone; 2013 Ironman 70.3 Miami, Biscayne Bay; Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard proposes to establish a safety zone on the
waters of Biscayne Bay, east of Bayfront Park, in Miami, Florida during
the 2013 Ironman 70.3 Miami, a triathlon. The Ironman 70.3 Miami is
scheduled to take place on October 27, 2013. Approximately 2,500
participants are anticipated to participate in the swim portion of the
event. No spectators are expected to be present during the event. The
safety zone is necessary to provide for the safety of the participants,
participant vessels, and general public on the navigable waters of the
United States during the event. The safety zone would establish an area
that will encompass the event area. Persons and vessels, except those
participating in the event, will be prohibited from entering,
transiting through, anchoring in, or remaining within the regulated
area unless authorized by the Captain of the Port Miami or a designated
representative.

DATES: Comments and related material must be received by the Coast
Guard on or before October 21, 2013. Requests for public meetings must
be received by the Coast Guard on or before October 7, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-0548 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 John K. Jennings, Sector Miami Prevention
Department, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Barbara, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
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-2013-0548 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-2013-0548 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.
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. Regulatory History and Information

    Previously, temporary special local regulations regarding this
maritime event have been published in the Code of Federal Regulations
at 33 CFR 100. No final rule has been published in regards to this
event.

C. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to provide for the safety of life on
navigable waters of the United States during the Ironman 70.3 Miami.

D. Discussion of Proposed Rule

    On October 27, 2013, Miami Tri Events is sponsoring the Ironman
70.3, a triathlon. The swim portion of the event will be held on the
waters of Biscayne Bay, Miami, Florida. Approximately 2,500
participants are anticipated to participate in the event. No spectator
vessels are expected during the event.
    The proposed rule would establish a safety zone that will encompass
certain waters of the Intracoastal Waterway and Biscayne Bay, Miami,
Florida. The safety zone will be enforced from 6:30 a.m. until 10 a.m.
on October 27, 2013. The safety zone will establish an area around the
event where all persons and vessels, except those persons and vessels
participating in the event, are prohibited from entering, transiting
though, anchoring in, or remaining within. Persons and vessels may
request authorization to enter, transit through, anchor in, or remain
within the regulated area by contacting the Captain of the Port Miami
via telephone at<PHONE_NUMBER>, or a designated representative via VHF
radio on channel 16. If authorization to enter, transit through, anchor
in, or remain within the event area is granted by the Captain of the
Port Miami or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
Captain of the Port Miami or a designated representative. The Coast
Guard will provide notice of the safety zone by Local Notice to
Mariners, Broadcast Notice to Mariners, and on-scene designated
representatives.

E. 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 economic impact of this proposed rule is not significant for
the following reasons: (1) The safety zone will be enforced for only
three and one half hours; (2) although persons and vessels will not be
able to enter, transit through, anchor in, or remain within the event
area without authorization from the Captain of the Port Miami or a
designated representative, they may operate in the surrounding area
during the enforcement period; (3) persons and vessels may still enter,
transit through, anchor in, or remain within the event area during the
enforcement period if authorized by the Captain of the Port Miami or a
designated representative; and (4) the Coast Guard will provide advance
notification of the safety zone to the local maritime community by
Local Notice to Mariners and 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 ule may affect the
following entities, some of which may be small entities: the owners or
operators of vessels intending to enter, transit through, anchor in or
remain within that portion of Intracoastal Waterway and Biscayne Bay
encompassed within the safety zone from 6:30 a.m. until 10 a.m. on
October 27, 2013. For the reasons discussed in the Regulatory Planning
and Review section above, this proposed rule will not have a
significant economic impact on a substantial number of small entities.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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 proposed 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 proposed 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 a safety
zone. This rule is 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 and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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. 33 U.S.C. 1231; 46 U.S.C. Chapter 701,
3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6,
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.

0
2. Add a temporary Sec.  165.T07-0548 to read as follows:

Sec.  165.T07-0548  Safety Zone; Ironman 70.3 Miami, Biscayne Bay;
Miami, FL.

    (a) Regulated Area. The following regulated area is a safety zone.
All waters of Biscayne Bay located east of Bayfront Park and
encompassed within the following points: starting at Point 1 in
position 25[deg]46'44'' N, 080[deg]10'59'' W; thence southeast to Point
2 in position 25[deg]46'24'' N, 080[deg]10'44'' W; thence southwest to
Point 3 in position 25[deg]46'18'' N, 080[deg]11'05'' W; thence north
to Point 4 in position 25[deg]46'33'' N, 080[deg]11'05'' W; thence
northeast back to origin. All coordinates are North American Datum
1983.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Miami in the enforcement of the regulated area.
    (c) Regulations.
    (1) Non-participating persons and vessels may request authorization
to enter, transit through, anchor in, or

remain within the regulated area by contacting the Captain of the Port
Miami by telephone at<PHONE_NUMBER>, or a designated representative via
VHF radio on channel 16. If authorization is granted by the Captain of
the Port Miami or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
Captain of the Port Miami or a designated representative.
    (2) The Coast Guard will provide notice of the safety zone by Local
Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Effective Date. This rule will be enforced from 6:30 a.m. until
10 a.m. on October 27, 2013.

    Dated: August 9, 2013.
A.J. Gould,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2013-21624 Filed 9-4-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 136 (Tuesday, July 18, 2023)]
[Rules and Regulations]
[Page 45818]
[FR Doc No: 2023-15112]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2023-0502]

Safety Zone; Hemingway Paddleboard Race, Key West, FL

AGENCY: Coast Guard, DHS.

ACTION: Notification of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a safety zone for the Hemingway
Paddleboard Race, Key West, Florida to provide for the safety of life
on the navigable waterways during this event. This action is necessary
to ensure the safety of event participants and spectators. During the
enforcement period, no person or vessel may enter, transit through,
anchor in, or remain within the regulated area without approval from
the Captain of the Port Key West or a designated representative.

DATES: The regulations in 33 CFR 165.786 will be enforced for the
location identified in Item 7.1 of the Table to Sec.  165.786, from
5:30 until 7:30 p.m. on July 22, 2023.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
notification of enforcement, call or email Hailye Wilson, Sector Key
West Waterways Management Department, Coast Guard; telephone 305-292-
8768; email: [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
in 33 CFR 165.786, Table to Sec.  165.786, Item 7.1, for the Annual
Hemingway Paddleboard Race in Key West, Florida from 5:30 until 7:30
p.m. on July 22, 2023. This action is being taken to provide for the
safety of life on navigable waterways during this event. The regulation
for recurring marine events within Sector Key West Captain of the Port
(COTP) zone, Table to Sec.  165.786, Item 7.1, specifies the location
of the regulated area for the Hemingway Sunset Run and Paddleboard Race
event. During the enforcement period, no person or vessel may enter,
transit through, anchor in, or remain within the established regulated
areas without approval from the Captain of the Port Key West or
designated representative. The Coast Guard may be assisted by other
Federal, State, or local law enforcement agencies in enforcing this
regulation.
    The Coast Guard will provide notice of the regulated area by Local
Notice to Mariners and Broadcast Notice to Mariners. If the Captain of
the Port Key West determines that the regulated area need not be
enforced for the full duration stated in this publication, he or she
may use a Broadcast Notice to Mariners to grant general permission to
enter the regulated area.

Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2023-15112 Filed 7-17-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 99 (Wednesday, May 22, 2019)]
[Notices]
[Page 23561]
[FR Doc No: 2019-10681]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2012-0655; FRL-9993-21-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NSPS for Ammonium Sulfate Manufacturing
Plants (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), NSPS for Ammonium Sulfate
Manufacturing Plants (EPA ICR Number 1066.09, OMB Control Number 2060-
0032), to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act. This is a
proposed extension of the ICR, which is currently approved through May
31, 2019. Public comments were previously requested via the Federal
Register on May 30, 2018 during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An agency may neither conduct nor sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before June 21, 2019.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA- HQ-
OECA-2012-0655, to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change, including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be, are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The New Source Performance Standards (NSPS) for Ammonium
Sulfate Manufacturing Plants (40 CFR part 60, subpart PP) were proposed
on February 4, 1980, promulgated on November 12, 1980, and amended on
October 17, 2000. These regulations apply to ammonium sulfate dryers
located at both existing and new ammonium sulfate manufacturing plants
in the caprolactam by-product, synthetic, and coke oven by-products
sectors of the ammonium sulfate manufacturing industry. New facilities
include those that commenced construction, modification or
reconstruction after the date of proposal. This information is being
collected to assure compliance with 40 CFR part 60, subpart PP.
    In general, all NSPS standards require initial notifications,
performance tests, and periodic reports by the owners/operators of the
affected facilities. They are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. These notifications, reports, and
records are essential in determining compliance, and are required of
all affected facilities subject to NSPS.
    Form numbers: None.
    Respondents/affected entities: Ammonium sulfate manufacturing
facilities.
    Respondent's obligation to respond: Mandatory (40 CFR part 60
Subpart PP).
    Estimated number of respondents: 2 (total).
    Frequency of response: Initially and semiannually.
    Total estimated burden: 286 hours (per year). Burden is defined at
5 CFR 1320.3(b).
    Total estimated cost: $32,600 (per year), which includes $0 for
both annualized capital/startup and operation & maintenance costs.
    Changes in the estimates: There is no change in the total estimated
burden compared with the ICR currently approved by OMB. The regulations
have not changed over the past three years and are not anticipated to
change over the next three years; therefore, the growth rate for the
industry is non-existent. This ICR reflects the on-going burden and
costs for two existing facilities.

Courtney Kerwin,
Director, Regulation Support Division.
[FR Doc. 2019-10681 Filed 5-21-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 189 (Wednesday, September 30, 2015)]
[Notices]
[Page 58727]
[FR Doc No: 2015-24739]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ15-17-000]

Oncor Electric Delivery Company LLC; Notice of Filing

    Take notice that on September 22, 2015, Oncor Electric Delivery
Company LLC submitted its tariff filing: Oncor Tex-La Tariff Rate
Changes, to be effective 9/15/2015.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on October 13, 2015.

    Dated: September 24, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-24739 Filed 9-29-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Notices]
[Pages 22216-22217]
[FR Doc No: 2015-09255]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2015-0005; OMB No. 1660-0038]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request; Write Your Own (WYO) Company Participation
Criteria; New Applicant

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

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

DATES: Comments must be submitted on or before May 21, 2015.

ADDRESSES: Submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the Desk
Officer for the Department of Homeland Security, Federal Emergency
Management Agency, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Records Management Division, 500 C Street, SW., Washington, DC 20472-
3100, facsimile number<PHONE_NUMBER>, or email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Changes Since Publication of the 60 Day Federal Register Notice:
The abstract has been updated to remove a reference public risk sharing
organization because the authority for allowing such entities to enter
the WYO program has sunsetted. The abstract has also been revised for
clarity. The burden hours have been updated to reflect the one-time
test of the insurance company's ability to use the NFIP

Transaction Record Reporting and Processing Plan (TRRP) System.

Collection of Information

    Title: Write Your Own (WYO) Company Participation Criteria; New
Applicant.
    Type of information collection: Extension, without change, of a
currently approved information collection.
    OMB Number: 1660-0038.
    Form Titles and Numbers: None.
    Abstract: New insurance companies that seek to participate in the
WYO program, as well as former WYO companies seeking to return, must
meet standards for WYO Financial Control Plan (approved under OMB
Control# 1660-0020). Private Insurance Companies wishing to enter or
reenter the WYO program must demonstrate the ability to meet the
requirements laid out in 44 CFR 62.24. The information allows FEMA to
determine the applicant's capability of meeting program goals for,
among other things, the marketing and administering of National Flood
Insurance Program (NFIP) flood insurance policies, and to meet the
financial control and reporting requirements of the NFIP.
    Affected Public: Business of other for-profit.
    Estimated Number of Respondents: 5.
    Estimated Total Annual Burden Hours: 45 hours.
    Estimated Cost: The estimated annual cost to respondents for the
hour burden is $2,892.60. There are no annual costs to respondents'
operations and maintenance costs for technical services. There are no
annual start-up or capital costs. The cost to the Federal Government is
$5,409.18.

    Dated: April 13, 2015.
Janice Waller,
Acting Director, Records Management Division, Mission Support, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2015-09255 Filed 4-20-15; 8:45 am]
BILLING CODE 9110-11-P