[Federal Register: March 13, 2009 (Volume 74, Number 48)]
[Notices]
[Page 10957]
[DOCID:fr13mr09-86]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2009-0001]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice; 30-day notice and request for comments; revision of a
currently approved information collection; OMB No. 1660-0070; FEMA Form
75-100, National Fire Department Census.

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

DATES: Comments must be submitted on or before April 13, 2009.

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

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Records Management Division, 1800 South Bell Street, Arlington, VA
20598-3005, facsimile number<PHONE_NUMBER>, or e-mail address FEMA-
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Collection of Information

    Title: National Fire Department Census.
    Type of information collection: Revision of a currently approved
information collection.
    OMB Number: OMB No. 1660-0070.
    Form Titles and Numbers: FEMA Form 75-100, National Fire Department
Census.
    Abstract: This collection seeks to identify fire departments in the
U.S. to compile a database related to demographics, capabilities, and
activities. The database will be used to guide programmatic decisions
and provide information to the public.
    Affected Public: ``Federal Government,'' and ``State, Local or
Tribal Government.''
    Estimated Number of Respondents: 4,000.
    Frequency of Response: On occasion.
    Estimated Average Hour Burden per Respondent: .42 hours.
    Estimated Total Annual Burden Hours: 1,667 burden hours.
    Estimated Cost: $65,550.00.

Larry Gray,
Director, Records Management Division, Office of Management, Federal
Emergency Management Agency, Department of Homeland Security.
 [FR Doc. E9-5544 Filed 3-12-09; 8:45 am]

BILLING CODE 9110-17-P


[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)]
[Proposed Rules]
[Pages 26496-26497]
[FR Doc No: 2015-10515]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2014-0565; Airspace Docket No. 14-ACE-7]

Proposed Revocation of Class D and E Airspace; Independence, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM).

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SUMMARY: This supplemental notice of proposed rulemaking proposes to
remove Class D airspace and Class E surface area airspace at
Independence Municipal Airport, Independence, KS. In an NPRM published
in the Federal Register September 25, 2014, the FAA proposed to remove
Class D airspace at Independence Municipal Airport, Independence, KS.
The FAA has reassessed the proposal to include the removal of the
associated Class E surface area airspace. The closure of the airport's
air traffic control tower has necessitated the need for this proposal.

DATES: Comments must be received on or before June 22, 2015.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2014-0565/Airspace Docket No. 14-
ACE-7, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9:00 a.m. and
5:00 p.m., Monday through Friday, except Federal holidays. The Docket
Office (telephone 1-800-647-5527) is on the ground floor of the
building at the above address.
    FAA Order 7400.9Y, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. The Order is also available for inspection
at the National Archives and Records Administration (NARA). For
information on the availability of this proposed incorporation by
reference material at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15. For further
information, you can contact the Airspace Policy and Regulations Group,
Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Raul Garza, Jr., Central Service
Center, Operations Support Group, Federal Aviation Administration,
Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone:
817-321-7654.

SUPPLEMENTARY INFORMATION:

History

    On September 25, 2014, the FAA published a NPRM to remove Class D
airspace at Independence Municipal Airport, Independence, KS, as the
air traffic control tower has closed (79 FR 57483). The comment period
closed November 10, 2014. No comments were received. Subsequent to
publication, the FAA reassessed the proposal to include the removal of
the associated Class E surface area airspace at Independence Municipal
Airport, Independence, KS. Also, the title section is amended to
include Class E airspace. The FAA seeks comments on this SNPRM.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2014-0565/
Airspace Docket No. 14-ACE-7.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of SNPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Central Service Center, 2601
Meacham Blvd., Fort Worth, TX 76137.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

Availability and Summary of Documents Proposed for Incorporation by
Reference

    This document proposes to amend FAA Order 7400.9Y, Airspace
Designations and Reporting Points, dated August 6, 2014, and effective
September 15, 2014. FAA Order 7400.9Y is publicly available as listed
in the ADDRESSES section of this proposed rule. FAA Order 7400.9Y lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Supplemental Proposal

    This supplemental proposal proposes to amend Title 14, Code of
Federal Regulations (14 CFR), Part 71 by removing Class D airspace and
the associated Class E surface area airspace at Independence Municipal
Airport, Independence, KS. The closing of the airport's air traffic
control tower has made this action necessary. Also, the Title section
is amended to read ``Proposed Revocation of Class D and E Airspace;
Independence, KS''.
    Class D and E airspace areas are published in Paragraph 5000 and
6002, respectively, of FAA Order 7400.9Y, dated August 6, 2014, and
effective September 15, 2014, which is incorporated by reference in 14
CFR 71.1. The Class D and E airspace designations listed in this
document will be published subsequently in the Order.

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend controlled airspace at Independence Municipal
Airport, KS.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y,
Airspace Designations and Reporting Points, dated August 6, 2014, and
effective September 15, 2014 is amended as follows:

Paragraph 5000 Class D Airspace

* * * * *

ACE KS D Independence, KS [Removed]

Paragraph 6002 Class E Airspace Designated as Surface Areas

* * * * *

ACE KS E2 Independence, KS [Removed]

    Issued in Fort Worth, TX, on April 28, 2015.
Humberto D. Melendez,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2015-10515 Filed 5-7-15; 8:45 am]
 BILLING CODE 4910-14-P


[Federal Register: January 24, 2008 (Volume 73, Number 16)]
[Rules and Regulations]
[Page 4061-4063]
[DOCID:fr24ja08-7]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28375; Directorate Identifier 2007-NM-015-AD;
Amendment 39-15346; AD 2008-02-16]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 767-200 and 767-300 Series
Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Boeing Model 767-200 and 767-300 series airplanes. This AD
requires reworking certain duct assemblies in the environmental control
system (ECS). This AD results from reports of duct assemblies in the
ECS with burned Boeing Material Specification (BMS) 8-39 polyurethane
foam insulation. This AD also results from a report from the airplane
manufacturer that airplanes were assembled with duct assemblies in the
ECS wrapped with BMS 8-39 polyurethane foam insulation, a material of
which the fire retardant properties deteriorate with age. We are
issuing this AD to prevent a potential electrical arc from igniting the
BMS 8-39 polyurethane foam insulation on the duct assemblies of the
ECS, which could propagate a small fire and lead to a larger fire that
might spread throughout the airplane through the ECS.

DATES: This AD becomes effective February 28, 2008.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of February 28,
2008.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Management Facility

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Sue McCormick, Aerospace Engineer,
Cabin Safety and Environmental Systems Branch, ANM-150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to certain Boeing Model
767-200 and 767-300 series airplanes. That NPRM was published in the
Federal Register on June 19, 2007 (72 FR 33701). That NPRM proposed to
require reworking certain duct assemblies in the environmental control
system (ECS).

Comments

    We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.

Support for the Proposed AD

    Boeing concurs with the requirements of this AD.

Request To Remove Airplane From the Proposed Applicability

    Hawaiian Airlines requests that we revise the proposed AD to remove
one of its airplanes from the proposed applicability. Hawaiian states
that the airplane came to them with two ducts installed in the affected
area that do not have insulation installed on them. Each of these ducts
has a part number not listed in Boeing Service Bulletin 767-21A0167,
Revision 1, dated December 19, 2006. We referred to Boeing Service
Bulletin 767-21A0167, Revision 1, as the appropriate source of service
information for doing the actions specified in the proposed AD.
Hawaiian quotes text from a Boeing message, in which Boeing confirms
that the two subject duct assemblies do not need rework in accordance
with the service bulletin because neither of the ducts assemblies are
wrapped with Boeing Material Specification (BMS) 8-39 polyurethane foam
insulation.

    We agree. We have verified that the subject airplane should not be
subject to this AD for the reasons stated above. Therefore, we have
revised the applicability of this final rule to remove the subject
airplane from the applicability of this AD. We have also revised the
Costs of Compliance section of this final rule to remove the cost for
this airplane.

Request To Clarify Acceptable Compliance

    Hawaiian Airlines also requests that we revise the proposed AD to
add language to clarify whether or not BMS 8-300 insulation must be
installed on an affected duct. Hawaiian reiterates that it has one
airplane with two ducts installed, which do not have any insulation
installed.
    We do not agree that it is necessary to make the requested
clarification. As stated previously, we have determined that the
subject airplane is not subject to this AD. Therefore, we have made no
change to the final rule in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the change described previously. We also determined that
this change will not increase the economic burden on any operator or
increase the scope of the AD.

Costs of Compliance

    There are about 129 airplanes of the affected design in the
worldwide fleet. The following table provides the estimated costs for
U.S. operators to comply with this AD.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
                  Action                             Work hours            Average labor  Parts cost per   Average cost     registered     Average fleet
                                                                           rate per hour     airplane      per airplane      airplanes         cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Duct assembly rework......................  7, per duct (average 50                  $80          $4,955         $32,955              95      $3,130,725
                                             ducts per airplane).
--------------------------------------------------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by
adding the following new airworthiness directive (AD):

2008-02-16 Boeing: Amendment 39-15346. Docket No. FAA-2007-28375;
Directorate Identifier 2007-NM-015-AD.

Effective Date

    (a) This AD becomes effective February 28, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model 767-200 and 767-300 series
airplanes, certificated in any category; as identified in Boeing
Service Bulletin 767-21A0167, Revision 1, dated December 19, 2006;
excluding variable number VK031.

Unsafe Condition

    (d) This AD results from reports of duct assemblies in the
environmental control system (ECS) with burned Boeing Material
Specification (BMS) 8-39 polyurethane foam insulation. This AD also
results from a report from the airplane manufacturer that airplanes
were assembled with duct assemblies in the ECS wrapped with BMS 8-39
polyurethane foam insulation, a material of which the fire retardant
properties deteriorate with age. We are issuing this AD to prevent a
potential electrical arc from igniting the BMS 8-39 polyurethane
foam insulation on the duct assemblies or the ECS, which could
propagate a small fire and lead to a larger fire that might spread
throughout the airplane through the ECS.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

ECS Duct Assembly Rework

    (f) Except as provided by paragraph (g) of this AD, within 72
months after the effective date of this AD, rework the duct
assemblies in the ECS for the air distribution system at sections
41, 45, and 46; the Gasper air system at sections 41, 43, 45, and
46; the forward electronic and electrical (E/E) compartment air
supply; and the instrument panel cooling supply; in accordance with
the Accomplishment Instructions and Appendices A and B of Boeing
Service Bulletin 767-21A0167, Revision 1, dated December 19, 2006.

Optional Part Installed

    (g) If an affected duct assembly having a part number other than
part number 217T2109-12, or a part number other than any part number
specified in the applicable figure of Boeing Service Bulletin 767-
21A0167, Revision 1, dated December 19, 2006, is found installed,
and that part number is listed as an optional part number in the
table in paragraph 3.B.2., ``Optional Part Table,'' of the
Accomplishment Instructions of the service bulletin: No rework is
required for that duct assembly only.

Parts Installation

    (h) As of the effective date of this AD, no person may install
on any airplane an air distribution system, Gasper air system,
forward E/E compartment air supply, or instrument panel cooling
supply duct assembly with BMS 8-39 polyurethane foam insulation.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Seattle Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.

Material Incorporated by Reference

    (j) You must use Boeing Service Bulletin 767-21A0167, Revision
1, dated December 19, 2006, to do the actions required by this AD,
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington
98124-2207.
    (3) You may review copies of the service information
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER>, or
go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.

    Issued in Renton, Washington, on January 14, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E8-972 Filed 1-23-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Rules and Regulations]
[Pages 73247-73249]
[FR Doc No: 2022-25944]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0470]
RIN 1625-AA00

Safety Zone; Neuse River, Pamlico Sound, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Neuse River and Pamlico Sound near Hobucken,
North Carolina. This action is necessary to provide for the safety of
life on the

navigable waters near Hobucken, NC, during a military exercise on
December 7, 2022. This rule will prohibit all persons and vessels from
being in the safety zone unless authorized by the Captain of the Port
Sector North Carolina or a designated representative.

DATES: This rule is effective December 7, 2022, from 10 a.m. through 1
p.m.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0470 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Ken Farah, Waterways Management Division,
U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
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. Immediate action
is needed to ensure we establish this safety zone by December 7, 2022,
in order to protect persons and vessels from the hazards associated
with a military exercise. Hazards include all plausible risks
associated with a live military exercise. Moreover, this rule is issued
in response to a military function. Therefore, under 5 U.S.C. 553(a),
no requirements in 5 U.S.C. 553 apply to it.
    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 impracticable and contrary to the public interest
because immediate action is needed to protect persons and vessels from
the hazards associated with this event on December 7, 2022

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 North
Carolina (COTP) has determined that potential hazards associated with
this event, scheduled for 10 a.m. through 1 p.m. on December 7, 2022,
is a safety concern for mariners during the time that military
maneuvers occur on Pamlico Sound and portions of the Neuse River. This
rule is necessary to protect personnel, vessels, and the marine
environment from the hazards associated with the exercise.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone on a portion of
Pamlico Sound and the Neuse River on December 7, 2022, from 10 a.m. to
1 p.m. The rule will be enforced during this time period which is when
the military exercise is scheduled. The dates and times of enforcement
will be broadcast locally over VHF-FM marine radio. The safety zone
will include all navigable waters of Pamlico Sound and the Neuse River
near Hobucken, North Carolina inside an area starting from approximate
positions: latitude 35[deg]15'17'' N, longitude 076[deg]29'40'' W, then
east to latitude 35[deg]15'01'' N, longitude 076[deg]21'42'' W, then
south to latitude 35[deg]00'25'' N, longitude 076[deg]24'29'' W, then
west to latitude 35[deg]00'31'' N, longitude 076[deg]29'51'' W, then
north to the point of origin. The duration of this safety zone is
intended to protect any members of the public transiting that area of
Pamlico Sound and the Neuse River. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.

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,
location, and duration of the safety zone. Vessel traffic will not be
allowed to enter or transit a portion of Pamlico Sound and the Neuse
River during the exercise from 10 a.m. through 1 p.m. December 7, 2022.
The Coast Guard will transmit a Broadcast Notice to Mariners via VHF-FM
marine channel 16 regarding the enforcement area. This rule allows
vessels to request permission to pass through the regulated area with
approval of the COTP.

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
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email 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.

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, 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 determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting 3 hours that will prohibit entry within an area of
Pamlico Sound and the Neuse River on December 7, 2022, from 10 a.m. to
1 p.m. It is categorically excluded from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. A Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble.

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.

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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T05-0470 to read as follows:

Sec.  165.T05-0470   Safety Zone; Neuse River, Pamlico Sound, NC.

    (a) Location. The following area is a safety zone: all waters of
Pamlico Sound and the Neuse River near Hobucken, North Carolina inside
an area starting from approximate positions: latitude 35[deg]15'17'' N,
longitude 076[deg]29'40'' W, then east to latitude 35[deg]15'01'' N,
longitude 076[deg]21'42'' W, then south to latitude 35[deg]00'25'' N,
longitude 076[deg]24'29'' W, then west to latitude 35[deg]00'31'' N,
longitude 076[deg]29'51'' W, then north to the point of origin.
    (b) Definitions. As used in this section--
    Captain of the Port or COTP means Captain of the Port Sector North
Carolina.
    Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard commissioned, warrant, or petty officer
designated by the COTP for the enforcement of the safety zone.
    (c) Regulations. (1) The general regulations governing safety zones
in Sec.  165.23 apply to the area described in paragraph (a) of this
section.
    (2) Entry into or remaining in this safety zone is prohibited
unless authorized by the COTP or the COTP's designated representative.
Unless permission to remain in the zone has been granted by the COTP or
the COTP's designated representative, a vessel within this safety zone
must immediately depart the zone when this section becomes effective.
    (3) The COTP can be reached through the Coast Guard Sector North
Carolina Command Duty Officer, Wilmington, North Carolina, at telephone
number<PHONE_NUMBER>.
    (4) The Coast Guard and designated security vessels enforcing the
safety zone can be contacted on VHF-FM marine band radio channel 13
(165.65 MHz) and channel 16 (156.8 MHz).
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the safety zone by Federal, State, and local
agencies.
    (e) Enforcement period. This section will be enforced from 10 a.m.
through 1 p.m. on December 7, 2022.

    Dated: November 21, 2022.
Matthew J. Baer,
Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.
[FR Doc. 2022-25944 Filed 11-28-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 196 (Wednesday, October 9, 2019)]
[Notices]
[Pages 54231-54234]
[FR Doc No: 2019-22017]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87216; File No. SR-CBOE-2019-073]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Make
Minor Updates and Consolidate Various Exchange Rules in Connection With
Regulatory Reports, Records, and Audits on the Exchange, and Move Those
Rules From the Currently Effective Rulebook to Proposed Chapter 7 of
the Shell Structure for the Exchange's Rulebook That Will Become
Effective Upon the Migration of the Exchange's Trading Platform to the
Same System Used by the Cboe Affiliated Exchanges

October 3, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 27, 2019, Cboe Exchange, Inc. (the ``Exchange'' or
``Cboe Options'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the Exchange. The
Exchange filed the proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule
19b-4(f)(6) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to make minor updates and consolidate various Exchange Rules in
connection with regulatory reports, records, and audits on the
Exchange, and move those Rules from the currently effective Rulebook
(``current Rulebook'') to proposed Chapter 7 of the shell structure for
the Exchange's Rulebook that will become effective upon the migration
of the Exchange's trading platform to the same system used by the Cboe
Affiliated Exchanges (as defined below) (``shell Rulebook''). The text
of the proposed rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, 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
    In 2016, the Exchange's parent company, Cboe Global Markets, Inc.
(formerly named CBOE Holdings, Inc.) (``Cboe Global''), which is also
the parent company of Cboe C2 Exchange, Inc. (``C2''), acquired Cboe
EDGA Exchange, Inc. (``EDGA''), Cboe EDGX Exchange, Inc. (``EDGX'' or
``EDGX Options''), Cboe BZX Exchange, Inc. (``BZX'' or ``BZX
Options''), and Cboe BYX Exchange, Inc. (``BYX'' and, together with
Cboe Options, C2, EDGX, EDGA, and BZX, the ``Cboe Affiliated
Exchanges''). The Cboe Affiliated Exchanges are working to align
certain system functionality, retaining only intended differences,
between the Cboe Affiliated Exchanges, in the context of a technology
migration. Cboe Options intends to migrate its trading platform to the
same system used by the Cboe Affiliated Exchanges, which the Exchange
expects to complete on October 7, 2019. In connection with this
technology migration, the Exchange has a shell Rulebook that resides
alongside its current Rulebook, which shell Rulebook will contain the
Rules that will be in place upon completion of the Cboe Options
technology migration.
    The Exchange proposes to consolidate current rules in connection
with regulatory reports, records, and audits, including the rules
related to the Consolidated Audit Trail (``CAT''), on the Exchange into
sections of proposed Chapter 7 in the shell Rulebook. The Exchange
notes that in addition to consolidating and moving the various rules
related to reports, records, and audits to proposed Chapter 7, the
proposed rule change deletes the rules from the current Rulebook. The
proposed rule change moves and, where applicable, consolidates the
rules as follows:

           Chapter 7--Regulatory Reports, Records, and Audits
------------------------------------------------------------------------

------------------------------------------------------------------------
                           Section A. General
------------------------------------------------------------------------
7.1 Maintenance, Retention, and
 Furnishing of Books, Records, and
 Other Information
7.1(a).................................  15.1 Maintenance, Retention and
                                          Furnishing of Books, Records,
                                          and Other Information,
                                          including 15.1.01.
7.1(b).................................  15.1.02.
7.1(c).................................  15.1.03.
7.1(d).................................  15.1.04.

7.1(e).................................  28.16 (corporate debt security
                                          Market-Makers), including
                                          28.16.01, provision regarding
                                          current Rule 15.1.
7.1(f).................................  21.30 (government securities
                                          options Market-Makers),
                                          including 21.30.01, provision
                                          regarding current Rule 15.1.
7.1(g).................................  23.15 (interest rate options
                                          Market-Makers), including last
                                          sentence of paragraph,
                                          provision regarding current
                                          Rule 15.1.
7.2 Reports of Uncovered Short           15.3 Reports of Uncovered Short
 Positions.                               Positions.
7.3 Financial Reports..................  15.5 Financial Reports
7.3(a).................................  15.5.01.
7.3(b).................................  15.5.02.
7.4 Audits.............................  15.6 Audits.
7.5 Automated Submission of Trading      15.7 Automated Submission of
 Data.                                    Trading Data.
7.6 Securities Accounts and Orders of    ...............................
 Market-Makers (note: Rule 7.6(a)-(c)
 currently in shell Rulebook).
7.6(d).................................  28.16 (corporate debt security
                                          options Market-Makers),
                                          provision regarding current
                                          Rule 8.9.
7.6(e).................................  21.20 (government securities
                                          options Market-Makers),
                                          provision regarding current
                                          Rule 8.9.
7.6(f).................................  23.15 (interest rate options
                                          Market-Makers), provision
                                          regarding current Rule 8.9.
7.7 Risk Analysis of Market-Maker
 Accounts
7.7(a)-(b).............................  15.8(a)-(b) Risk Analysis of
                                          Market-Maker Accounts.
7.7(c).................................  15.8.01.
7.8 Risk Analysis of Portfolio Margin    15.8A Risk Analysis of
 Accounts.                                Portfolio Margin Accounts.
7.9 Regulatory Cooperation.............  15.9 Regulatory Cooperation.
7.10 Fingerprint-Based Background        15.10 Fingerprint-Based
 Checks of Exchange Directors,            Background Checks of Exchange
 Officers, Employees, and Others.         Directors, Officers,
                                          Employees, and Others.
------------------------------------------------------------------------
        Section B. Consolidated Audit Trail (CAT) Compliance Rule
------------------------------------------------------------------------
7.20 Definitions.......................  6.85 Definitions.
------------------------------------------------------------------------
7.21 Clock Synchronization.............  6.86 Clock Synchronization.
7.22 Industry Member Data Reporting....  6.87 Industry Member Data
                                          Reporting.
7.23 Customer Information Reporting....  6.88 Customer Information
                                          Reporting.
7.24 Industry Member Information         6.89 Industry Member
 Reporting.                               Information Reporting.
7.25 Time Stamps.......................  6.90 Time Stamps.
7.26 Clock Synchronization Rule          6.91 Clock Synchronization Rule
 Violation.                               Violation.
7.27 Connectivity and Data Transmission  6.92 Connectivity and Data
                                          Transmission.
7.28 Development and Testing...........  6.93 Development and Testing.
7.29 Recordkeeping.....................  6.94 Recordkeeping.
7.30 Timely, Accurate, and Complete      6.95 Timely, Accurate, and
 Data.                                    Complete Data.
7.31 Compliance Dates..................  6.96 Compliance Dates.
7.32 Fee Dispute Resolution............  6.97 Fee Dispute Resolution.
------------------------------------------------------------------------

    The proposed rule change makes only non-substantive changes to the
rules being moved into the shell Rulebook in order to update and/or
incorporate headings that better align with the consolidated rules,
update cross-references to other rule text that will be implemented
upon migration, update certain technical text formatting that will be
used in the Rules upon migration (specifically, changing all times to
Eastern Time without time zone indication pursuant to Rule 1.6 in the
shell Rulebook which states that unless otherwise specified, all times
in the Rules are Eastern Time), incorporate defined terms in the shell
Rulebook, and reformat the paragraph lettering and numbering.
    The proposed rule also makes non-substantive changes in connection
with removing redundant rule language. The proposed rule change removes
the list of cross-referenced Rules that contain specific maintenance
and furnishing of information requirements under current Rule 15.1.01.
The Exchange believes that because the current list of cross-referenced
Rules is extensive, but not an exhaustive list (as the current rule
states that Trading Permit Holders (``TPHs'') must comply with all
applicable recordkeeping and reporting requirements whether or not
listed), and contains rules that are no longer in existence or have
since been moved or changed (e.g., Rule 6.59 is no longer in the
current Rulebook), the current list is potentially confusing and
unnecessarily cumbersome for market participants as written. Instead,
the Exchange maintains the language in current Rule 15.1.01 (and moves
it to proposed 7.1(a)) that provides that Trading Permit Holders must
comply with all applicable recordkeeping and reporting requirements
under the Rules. By maintaining the language in the current rule that
covers all Rules that require record retention and reporting
requirements, the proposed change does not substantively alter the
Rule. Also, the Exchange believes that by providing language that
succinctly covers all Rules that require or will require record
maintenance or reporting, the proposed rule change will mitigate any
potential investor confusion, both upon effectiveness of this proposed
change and whenever a new or changed rule is incorporated into the
Exchange Rulebook. The proposed change also incorporates the term
``maintenance'', alongside the term production, in proposed Rule 7.1(d)
and (c) (current Rules 15.1.02 and 15.1.03) [sic] which accurately
reflects the existing obligations under the Rules, and in accordance
with Rule 7.1 (current Rule 15.1), regarding maintenance, retention,
and furnishing of books, records, and other information. In addition,
the

proposed rule change separates the provisions in Rule 28.16 (regarding
Market-Makers in Corporate Debt Security options), Rule 21.30
(regarding Market-Makers in Government security options), and Rule
23.15 (regarding Market-Makers in interest rate options) that are
directly related to current Rule 15.1 from the provisions that are
directly related to current Rule 8.9, and moves them into the
applicable rule in the shell Rulebook. The proposed rule change also
removes the language under current Rules 28.16 and 21.30 which states
that the respective rules supplement current Rule 8.9 (Rule 7.6 in the
shell Rulebook) and Rule 15.1 (proposed Rule 7.1) and the
Interpretations and Policies thereunder. This language is redundant
given the fact that these rules are being consolidated into the rules
in which they reference. Finally, the Exchange notes that it makes a
non-substantive change to the language, ``See Rule 17.50(g)(2)'', in
current Rule 15.3 (proposed Rule 7.2), to instead state that Trading
Permit Holders may be subject to fines pursuant to Rule 13.15(g)(2)
(the updated cross-reference in the shell Rulebook) for violations of
this Rule. This does not alter the current application of Rule
17.50(g)(2) (or shell Rule 13.50(g)(2)) but merely adds context which
provides additional clarity to investors regarding the specific matter
to which the cross-referenced rule governs and/or pertains.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\5\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \6\ requirements that the rules of an exchange be
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 regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \7\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
    \7\ Id.
---------------------------------------------------------------------------

    The proposed rule change does not make any substantive changes to
the rules and is merely intended to consolidate and update the
Exchange's rules in anticipation of the technology migration on October
7, 2019. The Exchange believes that the non-substantive proposed
changes, which update technical text and formatting (e.g., paragraph
headings, time-related references, and verbiage to accurately reflect
the maintenance and production requirements), update rule cross-
references (as well as provide added context surrounding one such
cross-reference in order to provide additional clarity), consolidate
and reorganize rules and rule paragraphs and/or Interpretations and
Policies, incorporate defined terms, and remove redundant and/or
cumbersome provisions that are potentially confusing for market
participants, particularly in light of the consolidated shell Rulebook
format, will foster cooperation and coordination with those
facilitating transactions in securities and remove impediments to and
perfect the mechanism of a free and open market and national market
system by simplifying the Exchange Rules and Rulebook as a whole, and
making its Rules easier to follow and understand, which will also
result in less burdensome and more efficient regulatory compliance.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange reiterates that
the proposed rule change is being proposed in the context of a
technology migration of the Cboe Affiliated Exchanges, and not as a
competitive filing. The Exchange does not believe that the proposed
rule change will impose any burden on intramarket competition because
it does not make any substantive changes to the current Exchange Rules.
The proposed rule change merely intends to provide consolidated rules
upon migration, which are consistent with the technical text and
formatting in the shell Rulebook that will be in place come October 7,
2019. The Exchange does not believe that the proposed rule change will
impose any burden on intermarket competition because the proposed rules
are the same as the Exchange's current rules, all of which have all
been previously filed with the Commission.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(6) thereunder.\9\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \10\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \11\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the Exchange may implement the proposed rule change at the time of its
anticipated October 7, 2019 system migration. The Exchange believes
that waiver of the operative delay is appropriate because, as the
Exchange discussed above, its proposal does not make any substantive
changes to the Exchange's rules, but merely relocates current rules
regarding reporting, records, and audit to Chapter 7 of the Shell
Rulebook. The Commission believes that waiver of the 30-day operative
delay is consistent with the protection of investors and the public
interest because the proposal does not raise any new or novel issues
and makes only non-substantive

changes to the rules. Therefore, the Commission hereby waives the
operative delay and designates the proposal as operative upon
filing.\12\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2019-073 on the subject line.

PaperComments

     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-CBOE-2019-073. 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-CBOE-2019-073 and should be submitted on
or before October 30, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-22017 Filed 10-8-19; 8:45 am]
 BILLING CODE 8011-01-P


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request EPA/ OAR/ OAQPS 2. OMB control number b. G None a_ 2060  0392_ __ __ __ __ __ __

3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title Information Requirements for Locomotives and Locomotive Engines ( 40 CFR part 92) ( Renewal)

8. Agency form number( s) ( If applicable) EPA ICR # 1800.03 9. Keywords Locomotive Engines 10. Abstract Locomotive and locomotive engine manufacturers and remanufacturers must obtain a certificate of compliance with applicable emission standards before the start of production. Respondents are required to submit a description of locomotive families and emission test data to demonstrate compliance. The Averaging, Trading and Banking Program allows respondents to earn emission credits on cleaner locomotive families and use them later to certify families with emission levels above the standards. The average emissions of all the manufacturer's or remanufacturers' locomotive families participating in the program must not exceed the standards. Respondents are also required to conduct quality control audits and in use testing to demonstrate compliance with emission standards at different stages of the useful lives of their locomotives or locomotive engines.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. X Voluntary b. G Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 7 b. Total annual responses 67 1. Percentage of these responses collected electronically 90 % c. Total hours requested 17,074 d. Current OMB inventory 11,121 e. Difference 5,953 f. Explanation of difference 1. Program Change 0 2. Adjustment 5,953 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs $ 0 b. Total annual costs ( O& M) $ 1,384 c. Total annualized cost requested $ 1,384 d. Current OMB inventory $ 388 e. Difference $ 996 f. Explanation of difference 1. Program change 0 2. Adjustment $ 996 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. P_ Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Recordkeeping b. Q Third party disclosure c. X Reporting 1. X On occasion 2. Q Weekly 3. Q Monthly 4. X Quarterly 5. Q Semi annually 6. X Annually 7. Q Biannually 8. Q Other ( describe)

17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Nydia Yanira Reyes Morales Phone: ( 202) 343 9264 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected' ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( I) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: "( I) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number."

OMB 83 I ( Instructions) 10/ 95


[Federal Register Volume 77, Number 151 (Monday, August 6, 2012)]
[Notices]
[Pages 46756-46757]
[FR Doc No: 2012-19130]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9711-4]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``CAA'' or the ``Act''), 7413(g), notice is hereby given of a
proposed consent decree to address a lawsuit filed by WildEarth
Guardians in the United States District Court for the District of
Colorado: WildEarth Guardians v. Jackson, No. 12-cv-00754-RPM-MEH (D.
CO). On March 26, 2012, Plaintiff filed a complaint alleging that EPA
failed to perform a mandatory duty under section 110(k)(2) of the CAA,
7410(k)(2) to take action on a State Implementation Plan (``SIP'')
submission from the State of Utah within the time frame required. The
proposed consent decree establishes a deadline of February 14, 2013 for
EPA to take action.

DATES: Written comments on the proposed consent decree must be received
by September 5, 2012.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2012-0569, online at www.regulations.gov (EPA's preferred method);
by email to<EMAIL_ADDRESS>by mail to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.

FOR FURTHER INFORMATION CONTACT: Kendra Sagoff, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW.,

Washington, DC 20460; telephone:<PHONE_NUMBER>; fax number (202) 564-
5603; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit seeking to
compel action by the Administrator to take final action under section
110(k) of the CAA on the Utah SIP submission. The proposed consent
decree requires EPA to sign for publication in the Federal Register no
later than February 14, 2013, a final action in which it either
approves in whole, approves in part and disapproves in part, or
disapproves in whole, the State of Utah's proposed SIP revision for
maintenance of the 1997 eight-hour National Ambient Air Quality
Standard for ozone in Salt Lake and Davis Counties, which Utah
submitted to EPA on March 22, 2007.
    The proposed consent decree requires that, following signature, EPA
shall promptly deliver the notice to the Office of the Federal Register
for review and publication in the Federal Register. After EPA fulfills
its obligations under the proposed consent decree, the consent decree
shall be terminated and the case dismissed with prejudice.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
proposed consent decree from persons who were not named as parties or
intervenors to the litigation in question. EPA or the Department of
Justice may withdraw or withhold consent to the proposed consent decree
if the comments disclose facts or considerations that indicate that
such consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the Act. Unless EPA or the Department of
Justice determines that consent to this consent decree should be
withdrawn, the terms of the decree will be affirmed.

II. Additional Information About Commenting on the Proposed Consent
Decree

A. How can I get a copy of the consent decree?

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2012-0569) contains a copy of the proposed consent
decree. The official public docket is available for public viewing at
the Office of Environmental Information (OEI) Docket in the EPA Docket
Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington,
DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.
    An electronic version of the public docket is available through
www.regulations.gov. You may use www.regulations.gov to submit or view
public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once in the system, key in
the appropriate docket identification number then select ``search''.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at www.regulations.gov without change, unless
the comment contains copyrighted material, CBI, or other information
whose disclosure is restricted by statute. Information claimed as CBI
and other information whose disclosure is restricted by statute is not
included in the official public docket or in the electronic public
docket. EPA's policy is that copyrighted material, including
copyrighted material contained in a public comment, will not be placed
in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the EPA Docket
Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment and with any disk or CD
ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
    Use of the www.regulations.gov Web site to submit comments to EPA
electronically is EPA's preferred method for receiving comments. The
electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(email) system is not an ``anonymous access'' system. If you send an
email comment directly to the Docket without going through
www.regulations.gov, your email address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: July 27, 2012.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2012-19130 Filed 8-3-12; 8:45 am]
BILLING CODE 6560-50-P