	           UNITED STATES OF AMERICA

      DEPARTMENT OF TRANSPORTATION        Posted: 12/07/04

             OFFICE OF THE SECRETARY                              2:55
p.m.

                  WASHINGTON, D.C.

	Served:  December 7, 2004

__________________________________________________

NOTICE

Docket OST-2004-19790

____________________________________________

By Order 2004-11-18, the Department initiated a proceeding on the Joint
Complaint of American Airlines, Inc. (American) and United Air Lines,
Inc. (United) against Alitalia-Linee Aeree Italiane, S.p.A. (Alitalia)
and the Government of Italy, filed November 24, 2004.  The order called
for answers to the complaint to be filed by December 8, 2004.  On
December 2, 2004, Alitalia filed a motion for a two-week extension of
the answer date (i.e., to December 22, 2004).  Under the Department’s
regulations (14 CFR 302.11), answers to the motion would be due
December 13, 2004.  By Notice served December 3, 2004, we shortened the
period for filing answers to the motion to December 6, 2004.

On December 6, 2004, American and United filed a joint answer to the
motion for extension of time, strongly opposing a two-week extension but
stating they would agree to an extension for one week, making the answer
date December 15 and the reply date December 20.  They note that their
joint complaint was filed November 24 and was served by hand on the
Embassy of Italy and by email on counsel for Alitalia, and they argue
that a December 15 answer date will allow three full weeks from the date
of filing, thus providing ample time for answer since, they maintain,
the background of the dispute is well known to both the Government of
Italy and Alitalia.

We have decided to grant Alitalia’s motion in part.  Section
41310(d)(1) of 49 U.S.C. provides that the Department approve, deny,
dismiss, or set a complaint for hearing or institute other procedures
proposing remedial action, within 60 days after receipt of a complaint.
Given the deadlines of the statute, we have decided to grant an
extension for the filing of answers to the complaint for one week (i.e.
to December 15, 2004) and for the filing of any replies to answers to
December 20, 2004.  We believe that this partial grant of the requested
extension addresses the needs of all parties, taking into account the
circumstances presented, and that no party will be prejudiced by our
action.

Therefore, acting under authority assigned in 14 CFR 385.3, we will
establish a date of December 15, 2004, for the filing of answers to the
Joint Complaint and the date of December 20, 2004, for filing replies.

2

We will serve this notice by email or facsimile on all parties served
with Order 2004-11-18 in

Docket OST-2004-19790.  We authorize answers to be served by facsimile
or email.

BY:

						PAUL L. GRETCH

			Director, Office of International Aviation

(SEAL)

Dated:  December 7, 2004

An electronic version of this notice is available on the World Wide Web
at

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

 They further note that should the Department grant Alitalia’s full
request for a two-week extension, American and United would need an
extension of reply date to January 7, 2005 due to staff absences during
the holiday period.


[Federal Register: May 9, 2007 (Volume 72, Number 89)]
[Notices]
[Page 26349]
[DOCID:fr09my07-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-413-000]

Columbia Gas Transmission Corporation; Notice of Proposed Changes
in FERC Gas Tariff

May 2, 2007.
    Take notice that on April 27, 2007, Columbia Gas Transmission
Corporation (Columbia) tendered for filing as part of its FERC Gas
Tariff, Second Revised Volume No. 1, the following revised tariff
sheets with a proposed effective date of June 1, 2007:

First Revised Sheet No. 227
Second Revised Sheet No. 228
Fourth Revised Sheet No. 229
Sixth Revised Sheet No. 538
Original Sheet No. 538A
Fourth Revised Sheet No. 539
Second Revised Sheet No. 540

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-8845 Filed 5-8-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 162 (Thursday, August 21, 2014)]
[Rules and Regulations]
[Pages 49454-49457]
[FR Doc No: 2014-19688]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0317; FRL-9915-38-Region 9]

Approval and Promulgation of State Implementation Plans; Hawaii;
Infrastructure Requirements for the 2008 8-Hour Ozone and the 2010
Nitrogen Dioxide National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of a State Implementation Plan (SIP) revision submitted by the
State of Hawaii on April 4, 2014, pursuant to the requirements of the
Clean Air Act (CAA or the Act) for the 8-Hour Ozone and the 2010
Nitrogen Dioxide national ambient air quality standards (NAAQS).
Section 110(a) of the CAA requires that each state adopt and submit a
SIP for the implementation, maintenance, and enforcement of each NAAQS
promulgated by EPA.

DATES: This final rule is effective on September 22, 2014.

ADDRESSES: EPA has established a docket for this action, identified by
Docket ID Number EPA-R09-OAR-2014-0317. The index to the docket for
this action is available electronically at http://www.regulations.gov
and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco,
California. While all documents in the docket are listed in the index,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material), and some may not be publicly
available in either location (e.g., CBI). To inspect the hard copy
materials, please schedule an appointment during normal business hours
with the contact listed directly below.

FOR FURTHER INFORMATION CONTACT: Tom Kelly, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX,<PHONE_NUMBER>,
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to EPA.

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    On May 19, 2014 (79 FR 28659), EPA proposed to approve elements of
the Hawaii State Implementation Plan Revision for 8-Hour Ozone and the
2010 Nitrogen Dioxide National Ambient Air Quality Standards, Clean Air
Act Sec.  110(a)(1) and (2) (``Hawaii Ozone and Nitrogen Dioxide
Infrastructure SIP''), submitted by the State of Hawaii on April 4,
2014. In particular, we proposed to approve Hawaii Administrative Rules
(HAR) section 11-60.1-31, as well as Hawaii Revised Statutes (HRS)
sections 342B-4 and 342B-5 into the Hawaii SIP and to remove HRS
sections 342-14, 342-18 and 342-19 from the SIP. We also proposed to
approve the Hawaii Ozone and Nitrogen Dioxide Infrastructure SIP with
respect to the following CAA requirements:
     Section 110(a)(2)(A): Emission limits and other control
measures.
     Section 110(a)(2)(B): Ambient air quality monitoring/data
system.
     Section 110(a)(2)(C) (in part): Program for enforcement of
control measures and regulation of new stationary sources (minor NSR
program).
     Section 110(a)(2)(E): Adequate resources and authority,
conflict of interest, and oversight of local governments and regional
agencies.
     Section 110(a)(2)(F): Stationary source monitoring and
reporting.
     Section 110(a)(2)(G): Emergency episodes.
     Section 110(a)(2)(H): SIP revisions.
     Section 110(a)(2)(J) (in part): Public notification (sub-
element 2).
     Section 110(a)(2)(K): Air quality modeling and submission
of modeling data..
     Section 110(a)(2)(L): Permitting fees.
     Section 110(a)(2)(M): Consultation/participation by
affected local entities.

We did not propose to take action on the Hawaii Ozone and Nitrogen
Dioxide Infrastructure SIP with respect to the following sub-elements:
110(a)(2)(C) sub-element 3 (preconstruction PSD permitting of major
sources); 110(a)(2)(D) all sub-elements; and 110(a)(2)(J) sub-elements
1 (consultation with identified officials on certain air agency
actions) and 3 (PSD).
    The rationale supporting EPA's action, including the scope of
infrastructure SIPs in general, is explained in the proposed rule and
the associated technical support document (TSD) and will not be
restated here. The TSD is available online at http://www.regulations.gov, Docket ID number EPA-R09-OAR- 2014-0317. We did
not received any public comments on our proposal.

II. Final Action

    EPA is approving HAR section 11-60.1-31 and HRS sections 342B-4 and
342B-5 into the Hawaii SIP and removing HRS sections 342-14, 342-18 and
342-19 from the SIP.
    EPA is also approving the Hawaii Ozone and Nitrogen Dioxide
Infrastructure SIP with respect to the following requirements:
     Section 110(a)(2)(A): Emission limits and other control
measures.
     Section 110(a)(2)(B): Ambient air quality monitoring/data
system.
     Section 110(a)(2)(C) (in part): Program for enforcement of
control measures and regulation of new stationary sources (minor NSR
program).
     Section 110(a)(2)(E): Adequate resources and authority,
conflict of interest, and oversight of local governments and regional
agencies.
     Section 110(a)(2)(F): Stationary source monitoring and
reporting.
     Section 110(a)(2)(G): Emergency episodes.
     Section 110(a)(2)(H): SIP revisions.
     Section 110(a)(2)(J) (in part): Public notification (sub-
element 2).
     Section 110(a)(2)(K): Air quality modeling and submission
of modeling data.
     Section 110(a)(2)(L): Permitting fees.
     Section 110(a)(2)(M): Consultation/participation by
affected local entities.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations (42 U.S.C. 7410(k), 40 CFR 52.02(a)). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves certain state laws as meeting federal
requirements; this action does not impose additional requirements
beyond those imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999); is not an
economically significant regulatory action based on health or safety
risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and,
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.

    The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of

this action must be filed in the United States Court of Appeals for the
appropriate circuit by October 20, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: August 5, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Therefore, 40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart M--Hawaii

0
2. In Sec.  52.620:
0
a. In the table in paragraph (c), add an entry for ``11-60.1-31'' after
the entry for ``11-60.1-20.''
0
b. In the table in paragraph (e), revise the table section heading
entitled ``State of Hawaii Air Pollution Control Implementation Plans
for Ozone, PM2.5, and Lead.''
0
c. In the table in paragraph (e), add an entry for ``Hawaii State
Implementation Plan Revision, National Ambient Air Quality Standards
for 2008 Ozone and 2010 Nitrogen Dioxide, Clean Air Act Section
110(a)(1) & (2), excluding attachment 3, and appendices A, B, and C''
after the entry for ``Hawaii State Implementation Plan Revision for
2008 Lead National Ambient Air Quality Standard, Clean Air Act Section
110(a)(1) & (2), excluding attachment 6, and appendices A, B, C, F.''
0
d. In the table in paragraph (e), remove the table section heading
entitled ``Hawaii Revised Statutes, Chapter 342, Hawaii Statute on
Environmental Quality.''
0
e. In the table in paragraph (e), add entries for ``342B-4'' and
``342B-5'' after the entry for ``342B-3.''
    The additions and revisions read as follows:

Sec.  52.620  Identification of plan.

* * * * *
    (c) * * *
* * * * *

                                    EPA-Approved State of Hawaii Regulations
----------------------------------------------------------------------------------------------------------------
          State citation              Title/subject     Effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
        Department of Health, Title 11, Chapter 60.1, Air Pollution Control, Hawaii Administrative Rules
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
11-60.1-31.......................  Applicability......        11/26/93  8/21/14 [Insert      Newly added to the
                                                                         Federal Register     Hawaii SIP.
                                                                         citation].           Submitted on April
                                                                                4, 2014.

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

* * * * *
    (e) * * *

                   EPA Approved Hawaii Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                        Applicable
      Name of SIP provision           geographic or          State       EPA approval date       Explanation
                                    nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
     State of Hawaii Air Pollution Control Implementation Plans for Nitrogen Dioxide, Ozone, PM2.5, and Lead
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Hawaii State Implementation Plan   Statewide..........          4/4/14  8/21/14 [Insert      Approved SIP
 Revision, National Ambient Air                                          Federal Register     revision excludes
 Quality Standards for 2008 Ozone                                        citation].           attachment 3
 and 2010 Nitrogen Dioxide, Clean                                                             (``Summary of
 Air Act Section 110(a)(1) & (2),                                                             Public
 excluding attachment 3, and                                                                  Participation
 appendices A, B, and C.                                                                      Proceedings''),
                                                                                appendix A
                                                                                (``Hawaii Revised
                                                                                Statutes, Title
                                                                                19, Health,
                                                                                Chapter 342B, Air
                                                                                Pollution Control
                                                                                Sections 4 and
                                                                                5''); appendix B
                                                                                (``Hawaii
                                                                                Administrative
                                                                                Rules, Title 11,
                                                                                Department of
                                                                                Health, Chapter 11-
                                                                                60.1, Air
                                                                                Pollution Control,
                                                                                Section 31;),
                                                                                appendix C
                                                                                (``Approvals &
                                                                                Public
                                                                                Participation
                                                                                Proceedings for
                                                                                HAR Sec.   11-60.1-
                                                                                31: November 26,
                                                                                1993 version'').
                                                                                The statutory
                                                                                provisions in
                                                                                appendix A are
                                                                                listed separately
                                                                                in the table under
                                                                                paragraph (e). The
                                                                                regulations in
                                                                                appendix B are
                                                                                listed separately
                                                                                in the table under
                                                                                paragraph (c).
                                                                                This action
                                                                                addresses the
                                                                                following CAA
                                                                                elements or
                                                                                portions thereof
                                                                                for the 2008 Ozone
                                                                                and 2010 Nitrogen
                                                                                Dioxide NAAQS:
                                                                                110(a)(2)(A), (B),
                                                                                (C), (E), (F),
                                                                                (G), (H), (J),
                                                                                (K), (L), and (M).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
    Hawaii Revised Statutes, Division 1 (Government), Title 19 (Health), Chapter 342B (Air Pollution Control)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
342B-4...........................  Other powers of              4/4/14  8/21/14 [Insert      Most recently
                                    department and                       Federal Register     amended in Laws
                                    director not                         citation].           1992, Act 240, pt
                                    affected.                                                 of Sec.   1.
                                                                                Included in
                                                                                appendix A to the
                                                                                Hawaii State
                                                                                Implementation
                                                                                Plan Revision,
                                                                                National Ambient
                                                                                Air Quality
                                                                                Standards for 2008
                                                                                Ozone and 2010
                                                                                Nitrogen Dioxide,
                                                                                Clean Air Act
                                                                                Section 110(a)(1)
                                                                                & (2).
342B-5...........................  Effect of laws,              4/4/14  8/21/14 [Insert      Most recently
                                    ordinances, and                      Federal Register     amended in Laws
                                    rules.                               citation].           1992, Act 240, pt
                                                                                of Sec.   1.
                                                                                Included in
                                                                                appendix A to the
                                                                                Hawaii State
                                                                                Implementation
                                                                                Plan Revision,
                                                                                National Ambient
                                                                                Air Quality
                                                                                Standards for 2008
                                                                                Ozone and 2010
                                                                                Nitrogen Dioxide,
                                                                                Clean Air Act
                                                                                Section 110(a)(1)
                                                                                & (2).

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

[FR Doc. 2014-19688 Filed 8-20-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 136 (Tuesday, July 18, 2023)]
[Notices]
[Pages 45897-45898]
[FR Doc No: 2023-15179]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Project No. 2579-065]

Michigan Indiana Power Company; Notice of Availability of Final
Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380, the Office of Energy Projects has
reviewed the application for non-project use dredging for the Twin
Branch Hydroelectric Project No. 2579, located on the St. Joseph River
in St. Joseph County,

Indiana, and has prepared a Final Environmental Assessment (FEA) for
the project. The project does not occupy Federal lands.
    The FEA contains the staff's analysis of the potential
environmental impacts of the project and concludes that permitting the
proposed dredging, with appropriate environmental protective measures,
would not constitute a major Federal action that would significantly
affect the quality of the human environment.
    A copy of the FEA may be viewed on the Commission's website at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number (2579) excluding the last three digits in the docket number
field to access the document. For assistance, contact FERC Online
Support at [email protected], (866) 208- 3676 (toll free), or
(202) 502-8659 (TTY). You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of
new filings and issuances related to this or other pending projects.
For assistance, contact FERC Online Support.
    For further information, contact Jason Krebill at<PHONE_NUMBER> or
[email protected], or Michael Calloway at<PHONE_NUMBER> or
[email protected].

    Dated: July 12, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-15179 Filed 7-17-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Notices]
[Pages 64280-64283]
[FR Doc No: 2021-25014]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93549; File No. SR-EMERALD-2021-39]

Self-Regulatory Organizations; MIAX Emerald, LLC; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Section 1(a)(ii) of the Fee Schedule To Revise the Application of the
Tier Calculation

November 10, 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 October 29, 2021, MIAX Emerald, LLC (``MIAX Emerald'' or
``Exchange''), filed with the Securities and Exchange Commission
(``Commission'') a proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. 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.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend the MIAX Emerald Fee
Schedule (the ``Fee Schedule'').
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/emerald, at MIAX's
principal office, 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
    The Exchange proposes to amend Section 1(a)(ii) of the Fee Schedule
to revise the application of the Tier calculation (defined below).
Background
    The Exchange currently assesses transaction rebates and fees to all
market participants which are based upon a threshold tier structure
(``Tier'') that is applicable to transaction fees. Tiers are determined
on a monthly basis and are based on three alternative calculation
methods, as defined in Section 1(a)(ii) of the Fee Schedule. The first
calculation (``Method 1'') is total Member sides, based on % of
Customer Total Consolidated Volume (``CTCV''); \3\ the second
calculation (``Method 2'') is total Emerald Market Maker sides volume,
based on % of CTCV; and the third calculation (``Method 3'') is total
Priority Customer,\4\ Maker (defined below) sides volume, based on % of
CTCV. The calculation method that results in the highest Tier achieved
by the Member \5\ shall apply to all Origin types by the Member. The
monthly volume thresholds for each method, associated with each Tier,
are calculated as the total monthly volume executed by the Member in
all options classes on MIAX Emerald in the relevant Origins and/or
applicable liquidity, not including Excluded Contracts,\6\ (as the
numerator) expressed as a percentage of (divided by) CTCV (as the
denominator). In addition, the per contract transaction rebates and
fees shall be applied retroactively to all eligible volume once the
Tier has been reached by the Member. Members that place resting
liquidity, i.e., orders on the MIAX Emerald System, will be assessed
the specified ``maker'' rebate or fee (each a ``Maker'') and Members
that execute against resting liquidity will be assessed the specified
``taker'' fee or rebate (each a ``Taker'').\7\ Members are also
assessed lower transaction fees and smaller rebates for order
executions in standard option classes in the Penny Interval Program \8\
(``Penny classes'') than for order executions in standard option
classes which are not in the Penny Program (``non-Penny classes''), for
which Members will be assessed higher transaction fees and larger
rebates.
---------------------------------------------------------------------------

    \3\ ``CTCV'' means Customer Total Consolidated Volume calculated
as the total national volume cleared at The Options Clearing
Corporation in the Customer range in those classes listed on MIAX
Emerald for the month for which fees apply, excluding volume cleared
at the Options Clearing Corporation in the Customer range executed
during the period of time in which the Exchange experiences an
Exchange System Disruption (solely in the option classes of the
affected Matching Engine). See the Definitions Section of the MIAX
Emerald Fee Schedule. The term ``Exchange System Disruption'' means
an outage of a Matching Engine or collective Matching Engines for a
period of two consecutive hour or more, during trading hours. See
id. A ``Matching Engine'' is a part of the MIAX Emerald electronic
system that processes options orders and trades on a symbol-by-
symbol basis. Some Matching Engines will process option classes with
multiple root symbols, and other Matching Engines may be dedicated
to one single option root symbol (for example, options on SPY may be
processed by one single Matching Engine that is dedicated only to
SPY). A particular root symbol may only be assigned to a single
designated Matching Engine. A particular root symbol may not be
assigned to multiple Matching Engines. Id.
    \4\ ``Priority Customer'' means a person or entity that (i) is
not a broker or dealer in securities, and (ii) does not place more
than 390 orders in listed options per day on average during a
calendar month for its own beneficial account(s). See Exchange Rule
100, including Interpretation and Policy .01.
    \5\ ``Member'' means an individual or organization approved to
exercise the trading rights associated with a Trading Permit.
Members are deemed ``members'' under the Exchange Act. See the
Definitions Section of the Fee Schedule and Exchange Rule 100.
    \6\ ``Excluded Contracts'' means any contracts routed to an away
market for execution. See the Definitions Section of the Fee
Schedule.
    \7\ For a Priority Customer complex order taking liquidity in
both a Penny class and non-Penny class against Origins other than
Priority Customer, the Priority Customer order will receive a rebate
based on the Tier achieved.
    \8\ See Securities Exchange Act Release No. 88993 (June 2,
2020), 85 FR 35145 (June 8, 2020) (SR-EMERALD-2020-05) (Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend Exchange Rule 510, Minimum Price Variations and Minimum
Trading Increments, To Conform the Rule to Section 3.1 of the Plan
for the Purpose of Developing and Implementing Procedures Designed
To Facilitate the Listing and Trading of Standardized Options) (the
``Penny Program'').
---------------------------------------------------------------------------

Proposal
    The Exchange proposes to amend the application of the calculation
methodology used to determine the applicable Tier for Origin types by
Member as follows. The Tier applied for a Member and its Affiliates'
\9\ Priority Customer Origin will solely be determined by Method 3,
Total Priority Customer, Maker sides volume, based on % of CTCV. The
Tier applied for a Member and its Affiliates' Market Maker and other
professional Origins will be the highest Tier achieved among the three
alternative calculation methods.
---------------------------------------------------------------------------

    \9\ ``Affiliate'' means (i) an affiliate of a Member of at least
75% common ownership between the firms as reflected on each firm's
Form BD, Schedule A, or (ii) the Appointed Market Maker of an
Appointed EEM (or, conversely, the Appointed EEM of an Appointed
Market Maker). An ``Appointed Market Maker'' is a MIAX Emerald
Market Maker (who does not otherwise have a corporate affiliation
based upon common ownership with an EEM) that has been appointed by
an EEM and an ``Appointed EEM'' is an EEM (who does not otherwise
have a corporate affiliation based upon common ownership with a MIAX
Emerald Market Maker) that has been appointed by a MIAX Emerald
Market Maker, pursuant to the following process. A MIAX Emerald
Market Maker appoints an EEM and an EEM appoints a MIAX Emerald
Market Maker, for the purposes of the Fee Schedule, by each
completing and sending an executed Volume Aggregation Request Form
by email to [email protected] no later than 2 business days
prior to the first business day of the month in which the
designation is to become effective. Transmittal of a validly
completed and executed form to the Exchange along with the
Exchange's acknowledgement of the effective designation to each of
the Market Maker and EEM will be viewed as acceptance of the
appointment. The Exchange will only recognize one designation per
Member. A Member may make a designation not more than once every 12
months (from the date of its most recent designation), which
designation shall remain in effect unless or until the Exchange
receives written notice submitted 2 business days prior to the first
business day of the month from either Member indicating that the
appointment has been terminated. Designations will become operative
on the first business day of the effective month and may not be
terminated prior to the end of the month. Execution data and reports
will be provided to both parties. See the Definitions Section of the
MIAX Emerald Fee Schedule.
---------------------------------------------------------------------------

    The Exchange proposes to amend the current text in Section
1(a)(ii), Tiers and their Application, to read, ``Tiers are determined
on a monthly basis. Tiers are determined based on three (3) alternative
calculation methods. The Tier applied for a Member and its Affiliates'
Priority Customer Origin will solely be determined by Method 3 below.
The Tier applied for a Member and its Affiliates' Market Maker and
other professional Origins will be the highest Tier achieved among the
three alternative calculation methods. Following are the three (3)
alternative calculation methods:''
    For example, under this proposal, if Member A reaches Tier 2 via
Total Volume (Method 1); Tier 2 via Market Maker Volume (Method 2); and
Tier 4 via Priority Customer Maker (Method 3); the effective Tier for
Member A would be Tier 4 across all Origins. If Member B reaches Tier 3
via Total Volume

(Method 1); Tier 4 via Market Maker Volume (Method 2); and Tier 2 via
Priority Customer Maker (Method 3); their effective Tier will be Tier 4
for Market Maker and other professional Origins, and Priority Customer
Origin will remain Tier 2.
    The purpose of adjusting the application of the calculation
methodology used to determine the applicable Tier for Origin types by
Member is for business and competitive reasons. The Exchange designed
the current calculation methodology to encourage Market Maker and
Priority Customer order flow to the Exchange from its inception. The
Exchange believes that this proposal continues to incentive all types
of volume to the Exchange including Market Maker, professional, and
Priority Customer.
Implementation
    The proposed changes will become effective on November 1, 2021.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \10\ in general, and
furthers the objectives of Section 6(b)(4) of the Act,\11\ in that it
is an equitable allocation of reasonable dues, fees and other charges
among Exchange members and issuers and other persons using its
facilities, and 6(b)(5) of the Act,\12\ in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanisms of a
free and open market and a national market system and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4).
    \12\ 15 U.S.C. 78f(b)(1) and (b)(5).
---------------------------------------------------------------------------

    The Exchange believes that its proposal provides for the equitable
allocation of reasonable dues and fees and is not unfairly
discriminatory for the following reasons. The Exchange operates in a
highly competitive market. The Commission has repeatedly expressed its
preference for competition over regulatory intervention in determining
prices, products, and services in the securities markets. In Regulation
NMS, the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \13\ There are currently
16 registered options exchanges competing for order flow. Based on
publicly-available information, and excluding index-based options, no
single exchange has more than approximately 13% of the market share of
executed volume of multiply-listed equity and exchange-traded fund
(``ETF'') options trades as of October 26, 2021, for the month of
October 2021.\14\ Therefore, no exchange possesses significant pricing
power in the execution of multiply-listed equity and ETF options order
flow. More specifically, as of October 26, 2021, the Exchange had an
approximately 4.66% market share of executed volume of multiply-listed
equity and ETF options for the month of October 2021.\15\ The Exchange
cannot predict with certainty how the proposed change regarding the
application of the Tier calculation will affect market participants as
Members may continually shift among the different Tiers from month to
month.
---------------------------------------------------------------------------

    \13\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496 (June 29, 2005).
    \14\ See MIAX's ``The Market at a Glance'', available at https://www.miaxoptions.com/ (last visited October 26, 2021).
    \15\ See id.
---------------------------------------------------------------------------

    The Exchange believes that the ever-shifting market shares among
the exchanges from month to month demonstrates that market participants
can shift order flow, or discontinue or reduce use of certain
categories of products, in response to transaction and/or non-
transaction fee changes. For example, on February 28, 2019, the
Exchange's affiliate, MIAX PEARL, LLC (``MIAX Pearl''), filed with the
Commission a proposal to increase Taker fees in certain Tiers for
options transactions in certain Penny classes for Priority Customers
and decrease Maker rebates in certain Tiers for options transactions in
Penny classes for Priority Customers (which fee was to be effective
March 1, 2019).\16\ MIAX Pearl experienced a decrease in total market
share for the month of March 2019, after the proposal went into effect.
Accordingly, the Exchange believes that the MIAX Pearl March 1, 2019
fee change, to increase certain transaction fees and decrease certain
transaction rebates, may have contributed to the decrease in MIAX
Pearl's market share and, as such, the Exchange believes competitive
forces constrain the Exchange's, and other options exchanges, ability
to set transaction fees and market participants can shift order flow
based on fee changes instituted by the exchanges.
---------------------------------------------------------------------------

    \16\ See Securities Exchange Act Release No. 85304 (March 13,
2019), 84 FR 10144 (March 19, 2019) (SR-PEARL-2019-07).
---------------------------------------------------------------------------

    The Exchange believes its proposal to revise the application of the
Tier calculation to determine the Origin type Tier provides for the
equitable allocation of reasonable dues and fees and is not unfairly
discriminatory for the following reasons. The Exchange is only changing
the application of the Tier calculation for the Tier for Members and
its Affiliates' Priority Customer Origin, which will solely be
determined by Priority Customer, Maker sides volume, based on % of CTCV
(Method 3). The Exchange believes that it is equitable and not unfairly
discriminatory to calculate the Priority Customer Tier independently
and to only use the Priority Customer Tier for all Origin types when it
is the highest of all the Tier calculations as this may incentivize
Members to increase their Priority Customer volume on the Exchange. An
increase in Priority Customer order flow to the Exchange would create
additional liquidity which would benefit all market participants who
trade on the Exchange.
    The Exchange believes its proposal is consistent with Section
6(b)(4) of the Act \17\ because it applies equally to all Members of
the Exchange and similarly situated participants are subject to the
same Tier calculations and access to the Exchange is offered on terms
that are not unfairly discriminatory. The Exchange believes its
proposal may result in increased Priority Customer order flow which
liquidity benefits all Exchange participants by providing more trading
opportunities and tighter spreads.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    In addition, The Exchange believes that its proposal is consistent
with Section 6(b) (5) of the Act \18\ because it perfects the
mechanisms of a free and open market and a national market system and
protects investors and the public interest because an increase in
Priority Customer order flow will bring greater volume and liquidity to
the Exchange, which benefits all market participants by providing more
trading opportunities and tighter spreads.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule changes will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange believes that the
proposed changes in the application of the Tier

calculation should continue to encourage liquidity that enhances the
quality of the Exchange's market and increases the number of trading
opportunities on the Exchange for all participants who will be able to
compete for such opportunities.
Intra-Market Competition
    The Exchange does not believe that other market participants at the
Exchange would be placed at a relative disadvantaged by the proposed
change to amend the application of the calculation methodology used to
determine the applicable Tier for Origin types by Member. The proposed
change is designed to attract additional Priority Customer order flow
to the Exchange. Accordingly, the Exchange believes that the proposal
will not impose any burden on competition not necessary or appropriate
in furtherance of the purposes of the Act because it will continue to
encourage Priority Customer order flow to the Exchange and an increase
in Priority Customer order flow will bring greater volume and
liquidity, which benefits all market participants by providing more
trading opportunities and tighter spreads.
Inter-Market Competition
    The Exchange operates in a highly competitive market in which
market participants can readily favor competing venues if they deem fee
levels at a particular venue to be excessive. There are currently 16
registered options exchanges competing for order flow. Based on
publicly-available information, and excluding index-based options, no
single exchange has exceeded approximately 13% of the market share of
executed volume of multiply-listed equity and ETF options trades as of
October 26, 2021, for the month of October 2021.\19\ Therefore, no
exchange possesses significant pricing power in the execution of
multiply-listed equity and ETF options order flow. More specifically,
as of October 26, 2021, the Exchange had a market share of
approximately 4.66% of executed volume of multiply-listed equity and
ETF options for the month of October 2021.\20\ In such an environment,
the Exchange must continually adjust its transaction and non-
transaction fees to remain competitive with other exchanges and to
attract order flow. The Exchange believes that the proposed rule
changes reflect this competitive environment because they modify the
Exchange's fees in a manner that encourages market participants to
provide Priority Customer liquidity and to send order flow to the
Exchange. To the extent this is achieved, all the Exchange's market
participants should benefit from the improved market quality.
---------------------------------------------------------------------------

    \19\ Supra note 14.
    \20\ See id.
---------------------------------------------------------------------------

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act,\21\ and Rule 19b-4(f)(2) \22\ thereunder.
At any time within 60 days of the filing of the proposed rule change,
the Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act. If the Commission takes such
action, the Commission shall institute proceedings to determine whether
the proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \22\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-EMERALD-2021-39 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-EMERALD-2021-39. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-EMERALD-2021-39 and should be submitted
on or before December 8, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-25014 Filed 11-16-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Rules and Regulations]
[Pages 54070-54072]
[FR Doc No: 2021-21294]

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

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0760]
RIN 1625-AA87

Security Zones; Corpus Christi Ship Channel, Corpus Christi, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing two 500-yard radius temporary
moving security zones around Liquefied Natural Gas Carriers M/V GASLOG
WARSAW and M/V CELSIUS CANBERRA within the Corpus Christi Ship Channel
and La Quinta Channel. The security zones are needed to protect
personnel, vessels, and facilities from sabotage or other subversive
acts, accidents, or other events of a similar nature. Entry of vessels
or persons into these zones is prohibited unless specifically
authorized by the Captain of the Port Sector Corpus Christi or a
designated representative.

DATES: This rule is effective without actual notice on September 30,
2021. For the purposes of enforcement, actual notice will be used from
September 23, 2021, through September 30, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2021-0760 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 Commander Anthony Garofalo, Sector Corpus
Christi Waterways Management Division, U.S. Coast Guard; telephone 361-
939-5130, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. We must
establish these security zones by September 23, 2021 to ensure security
of personnel, vessels, and facilities from sabotage or other subversive
acts, accidents, or other events of a similar nature and lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to provide for the security of these vessels,
facilities, and personnel.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector
Corpus Christi (COTP) has determined that potential hazards associated
with the transit of the Motor Vessel (M/V) GASLOG WARSAW and M/V
CELSIUS CANBERRA when loaded will be a security concern for facilities,
vessels, and personnel within a 500-yard radius of the vessels. This
rule is needed to

ensure security of personnel, vessels, and facilities from sabotage or
other subversive acts, accidents, or other events of a similar nature
while the vessels are transiting within Corpus Christi, TX, from
September 23, 2021 through September 30, 2021.

IV. Discussion of the Rule

    The Coast Guard is establishing two 500-yard radius temporary
moving security zones around M/V GASLOG WARSAW and M/V CELSIUS
CANBERRA. The zones for the vessels will be enforced from the time the
first vessel departs loaded on September 23, 2021, until the last
vessels departs the Corpus Christi Ship Channel and La Quinta Channel
loaded on September 30, 2021. The duration of the zones is intended to
protect the personnel, vessels, and facilities from sabotage or other
subversive acts, accidents, or other events of a similar nature while
the vessels are in transit. No vessel or person will be permitted to
enter the security zones without obtaining permission from 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 Corpus Christi. Persons or vessels desiring to
enter or pass through this zone must request permission from the COTP
or a designated representative on VHF-FM channel 16 or by telephone at
361-939-0450. If permission is granted, all persons and vessels shall
comply with the instructions of the COTP or designated representative.
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) as appropriate of
the enforcement times and dates for this security zone.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
duration, and location of the security zones. This rule will impact a
small designated area of the Corpus Christi Ship Channel and La Quinta
Channel during the vessels' transits while loaded with cargo over a
ten-day period. Moreover, the rule allows vessels to seek permission to
enter the zones.

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 moving security zones 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 an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves security zones lasting for the duration
of time that the M/V GASLOG WARSAW

and M/V CELSIUS CANBERRA are within the Corpus Christi Ship Channel and
La Quinta Channel while loaded with cargo. It will prohibit entry
within a 500 yard radius of the M/V GASLOG WARSAW and M/V CELSIUS
CANBERRA while the vessels are transiting loaded within Corpus Christi
Ship Channel and La Quinta Channel. It is categorically excluded from
further review under L60 in Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 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:  46 U.S.C 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0760 to read as follows:

Sec.  165.T08-0760  Security Zone; Corpus Christi Ship Channel. Corpus
Christi, TX.

    (a) Location. The following areas are moving security zones: All
navigable waters encompassing a 500-yard radius around each of the
following vessels: M/V GASLOG WARSAW and M/V CELSIUS CANBERRA while the
vessels are in the Corpus Christi Ship Channel and La Quinta Channel.
    (b) Effective period. This section is effective without actual
notice from September 30, 2021 through September 30, 2021. For the
purposes of enforcement, actual notice will be used from September 23,
2021, through September 30, 2021.
    (c) Regulations. (1) The general regulations in Sec.  165.33 of
this part apply. Entry into the zones is prohibited unless authorized
by the Captain of the Port Sector Corpus Christi (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 Corpus Christi.
    (2) Persons or vessels desiring to enter or pass through the zones
must request permission from the COTP Sector Corpus Christi on VHF-FM
channel 16 or by telephone at<PHONE_NUMBER>.
    (3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative.
    (d) Information broadcasts. 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) as appropriate of the enforcement times and dates for
these security zones.

    Dated: September 23, 2021.
H.C. Govertsen,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2021-21294 Filed 9-29-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Proposed Rules]
[Pages 28516-28519]
[FR Doc No: 2021-11214]

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

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0292]
RIN 1625-AA08

Special Local Regulation; Back River, Baltimore County, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish temporary special
local regulations for certain waters of Back River. This action is
necessary to provide for the safety of life on these navigable waters
located in Baltimore County, MD, during activities associated with an
air show event from July 9, 2021, through July 11, 2021. This proposed
rulemaking would prohibit persons and vessels from entering the
regulated area unless authorized by the Captain of the Port Maryland-
National Capital Region or the Coast Guard Event Patrol Commander. We
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before June 11, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0292 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Ron Houck, U.S. Coast Guard
Sector Maryland-National Capital Region; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    On April 21, 2021, Tiki Lee's Dock Bar of Sparrows Point, MD, and
David Schultz Airshows LLC of Clearfield, PA, notified the Coast Guard
that they will be conducting the 1st Annual Shootout on the River
Airshow--Sparrows Point from 2 p.m. to 3 p.m. on July 10, 2021, and
July 11, 2021. The event also includes a practice demonstration from 3
p.m. to 4 p.m. on July 9, 2021. High speed, low-flying civilian and
military aircraft air show performers will operate within a designated,
marked aerobatics box located on Back River, between Lynch Point to the
south and Walnut Point to the north. The event is being held adjacent
to Tiki Lee's Dock Bar, 4309 Shore Road, Sparrows Point, in Baltimore
County, MD. Details of the event were provided to the Coast Guard by
the sponsoring organization on May 5, 2021, changing the practice
demonstration from 5 p.m. to 6 p.m. on July 9, 2021. Hazards from the
air show include risks of injury or death resulting from aircraft
accidents, dangerous projectiles, hazardous materials spills, falling
debris, and near or actual contact among participants and spectator
vessels or waterway users if normal vessel traffic were to interfere
with the event. Additionally, such hazards include participants
operating near a designated navigation channel, as well as operating
adjacent to waterside residential communities. The Captain of the Port
(COTP) Maryland-National Capital Region has determined that potential
hazards associated with the air show would be a safety concern for
anyone intending to operate within certain waters of Back River in
Baltimore County, MD, operating in or near the event area.
    The Coast Guard is requesting that interested parties provide
comments within a shortened comment period of 15 days instead of the
more typical 30 days for this notice of proposed rulemaking. The Coast
Guard believes the 15-day comment period still provides for a
reasonable amount of time for interested parties to review the proposal
and provide informed comments on it while also ensuring that the Coast
Guard has time to review and respond to any significant comments and
has final rule in effect in time for the scheduled event.
    The purpose of this rulemaking is to protect event participants,
non-participants, and transiting vessels before, during, and after the
scheduled event. The Coast Guard proposes this rulemaking under
authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region is proposing to establish
special local regulations from 4 p.m. on July 9, 2021 through 4 p.m. on
July 11, 2021. There is no alternate date planned for this event. The
regulated area would cover all navigable waters of Back River, within
an area bounded by a line connecting the following points: from the
shoreline at Lynch Point at latitude 39[deg]14'46'' N, longitude
076[deg]26'23'' W, thence northeast to Porter Point at latitude
39[deg]15'13'' N, longitude 076[deg]26'11'' W, thence north along the
shoreline to Walnut Point at latitude 39[deg]17'06'' N, longitude
076[deg]27'04'' W, thence southwest to the shoreline at latitude
39[deg]16'41'' N, longitude 076[deg]27'31'' W, thence south along the
shoreline to the point of origin, located in Baltimore County, MD. The
regulated area is approximately 4,200 yards in length and 1,200 yards
in width.
    This proposed rule provides additional information about areas
within the regulated area and their definitions. These areas include
``Aerobatics Box'' and ``Spectator Area.''
    The proposed size of the regulated area is intended to ensure the
safety of life on these navigable waters before, during, and after
activities associated with the air show, scheduled from 5 p.m. to 6
p.m. on July 9, 2021, and from 2 p.m. to 3 p.m. both days on July 10,
2021, and July 11, 2021. The COTP and the Coast Guard Event Patrol
Commander (PATCOM) would have authority to forbid and control the
movement of all vessels and persons, including event participants, in
the regulated area. When hailed or signaled by an official patrol, a
vessel or person in the regulated area would be required to immediately
comply with the directions given by the COTP or Event PATCOM. If a
person or vessel fails to follow such directions, the Coast Guard may
expel them from the area, issue them a citation for failure to comply,
or both.
    Except for 1st Annual Shootout on the River Airshow--Sparrows Point
participants and vessels already at berth, a vessel or person would be
required to get permission from the COTP or Event PATCOM before

entering the regulated area. Vessel operators would be able to request
permission to enter and transit through the regulated area by
contacting the Event PATCOM on VHF-FM channel 16. Vessel traffic would
be able to safely transit the regulated area once the Event PATCOM
deems it safe to do so. A vessel within the regulated area must operate
at safe speed that minimizes wake. A person or vessel not registered
with the event sponsor as a participant or assigned as official patrols
would be considered a spectator. Official Patrols are any vessel
assigned or approved by the Commander, Coast Guard Sector Maryland-
National Capital Region with a commissioned, warrant, or petty officer
on board and displaying a Coast Guard ensign. Official Patrols
enforcing this regulated area can be contacted on VHF-FM channel 16 and
channel 22A.
    If permission is granted by the COTP or Event PATCOM, a person or
vessel would be allowed to enter the regulated area or pass directly
through the regulated area as instructed. Vessels would be required to
operate at a safe speed that minimizes wake while within the regulated
area. A spectator vessel must not loiter within the navigable channel
while within the regulated area. Official patrol vessels would direct
spectators to the designated spectator area. Only participant vessels
would be allowed to enter the aerobatics box. The Coast Guard would
publish a notice in the Fifth Coast Guard District Local Notice to
Mariners and issue a marine information broadcast on VHF-FM marine band
radio announcing specific event dates and times.
    The regulatory text we are proposing appears at the end of this
document.

IV. 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 and Executive orders, and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the location, size
and duration of the regulated area, which would impact a small
designated area of Back River for 9 total enforcement hours. This
waterway supports mainly recreational vessel traffic, which at its
peak, occurs during the summer season. The Coast Guard would issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
status of the regulated area. Moreover, the rule would allow vessels to
seek permission to enter the regulated area, and vessel traffic would
be able to safely transit the regulated area once the Event PATCOM
deems it safe to do so.

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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. 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.

C. Collection of Information

    This proposed rule would 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 proposed 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 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have 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 implementation of
regulations within 33 CFR part 100 applicable to organized marine
events on the navigable waters of the United States that could
negatively impact the safety of waterway users and shore side
activities in the event area lasting for 9 total enforcement hours.
Normally such actions are categorically excluded from further review
under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket,
and public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. We review all comments received, but we will only post
comments that address the topic of the proposed rule. We may choose not
to post off-topic, inappropriate, or duplicate comments that we
receive. If you go to the online docket and sign up for email alerts,
you will be notified when comments are posted or a final rule is
published.

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 is
proposing to amend 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: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.501T05-0292 to read as follows:

Sec.  100.501T05-0292  1st Annual Shootout on the River Airshow--
Sparrows Point, Back River, Baltimore County, MD.

    (a) Locations. All coordinates are based on datum WGS 1984. (1)
Regulated area. All navigable waters of Back River, within an area
bounded by a line connecting the following points: from the shoreline
at Lynch Point at latitude 39[deg]14'46'' N, longitude 076[deg]26'23''
W, thence northeast to Porter Point at latitude 39[deg]15'13'' N,
longitude 076[deg]26'11'' W, thence north along the shoreline to Walnut
Point at latitude 39[deg]17'06'' N, longitude 076[deg]27'04'' W, thence
southwest to the shoreline at latitude 39[deg]16'41'' N, longitude
076[deg]27'31'' W, thence south along the shoreline to the point of
origin, located in Baltimore County, MD. The aerobatics box and
spectator area are within the regulated area.
    (2) Aerobatics Box. The aerobatics box is a polygon in shape
measuring approximately 5,000 feet in length by 1,000 feet in width.
The area is bounded by a line commencing at position latitude
39[deg]16'01.2'' N, longitude 076[deg]27'05.7'' W, thence east to
latitude 39[deg]16'04.7'' N, longitude 076[deg]26'53.7'' W, thence
south to latitude 39[deg]15'16.9'' N, longitude 076[deg]26'35.2'' W,
thence west to latitude 39[deg]15'13.7'' N, longitude 076[deg]26'47.2''
W, thence north to the point of origin.
    (3) Spectator Area. The designated spectator area is a polygon in
shape measuring approximately 1,000 yards in length by 500 feet in
width. The area is bounded by a line commencing at position latitude
39[deg]16'33.7'' N, longitude 076[deg]26'40.7'' W, thence east to
latitude 39[deg]16'34.5'' N, longitude 076[deg]26'34.7'' W, thence
south to latitude 39[deg]16'05.0'' N, longitude 076[deg]26'31.1'' W,
thence west to latitude 39[deg]16'04.4'' N, longitude 076[deg]26'37.4''
W, thence north to the point of origin.
    (b) Definitions. As used in this section--
    Aerobatics Box is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a
aerobatics box within the regulated area defined by this section.
    Captain of the Port (COTP) Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
    Event Patrol Commander or Event PATCOM means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
    Official Patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
    Participant means all persons and vessels registered with the event
sponsor as participating in the ``1st Annual Shootout on the River
Airshow--Sparrows Point'' event, or otherwise designated by the event
sponsor as having a function tied to the event.
    Spectator means a person or vessel not registered with the event
sponsor as participants or assigned as official patrols.
    Spectator Area is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of a
spectator area within the regulated area defined by this part.
    (c) Special local regulations. (1) The COTP Maryland-National
Capital Region or Event PATCOM may forbid and control the movement of
all vessels and persons, including event participants, in the regulated
area. When hailed or signaled by an official patrol, a vessel or person
in the regulated area shall immediately comply with the directions
given by the patrol. Failure to do so may result in the Coast Guard
expelling the person or vessel from the area, issuing a citation for
failure to comply, or both. The COTP Maryland-National Capital Region
or Event PATCOM may terminate the event, or a participant's operations
at any time the COTP Maryland-National Capital Region or Event PATCOM
believes it necessary to do so for the protection of life or property.

    (2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
    (3) A spectator must contact the Event PATCOM to request permission
to either enter or pass through the regulated area. The Event PATCOM,
and official patrol vessels enforcing this regulated area, can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and
channel 22A (157.1 MHz). If permission is granted, the spectator must
enter the designated Spectator Area or pass directly through the
regulated area as instructed by Event PATCOM. A vessel within the
regulated area must operate at safe speed that minimizes wake. A
spectator vessel must not loiter within the navigable channel while
within the regulated area.
    (4) Only participant vessels are allowed to enter the aerobatics
box.
    (5) A person or vessel that desires to transit, moor, or anchor
within the regulated area must obtain authorization from the COTP
Maryland-National Capital Region or Event PATCOM. A person or vessel
seeking such permission can contact the COTP Maryland-National Capital
Region at telephone number<PHONE_NUMBER> or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the Event PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
    (6) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event dates
and times.
    (d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
federal, state, and local agencies.
    (e) Enforcement period. This section will be enforced from 4 p.m.
to 7 p.m. on July 9, 2021, from 1 p.m. to 4 p.m. on July 10, 2021, and,
from 1 p.m. to 4 p.m. on July 11, 2021.

    Dated: May 21, 2021.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2021-11214 Filed 5-26-21; 8:45 am]
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