[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Notices]
[Pages 73832-73835]
[FR Doc No: 2020-25496]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90420; File No. SR-CboeBZX-2020-083]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing of a Proposed Rule Change To Automate the Exchange's Process for
Initiating the Re-Opening of a Security Listed on the New York Stock
Exchange LLC Following the Resumption of Trading After a Halt,
Suspension, or Pause During the Early Trading Session, Pre-Opening
Session, or After Hours Trading Session

November 13, 2020.
    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 November 5, 2020, Cboe BZX Exchange, Inc. (``Exchange'' or ``BZX'')
filed with the Securities and Exchange Commission (``Commission'') the
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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe BZX Exchange, Inc. (``BZX'' or the ``Exchange'') is filing
with the Securities and Exchange Commission (the ``Commission'') a
proposed rule change to automate the Exchange's current process for
initiating the re-opening of a security listed on the New York Stock
Exchange LLC following the resumption of trading after a halt,
suspension, or pause during the Early Trading Session, Pre-Opening
Session, or After Hours Trading Session. 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://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), 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
    The purpose of the proposed rule change is to automate the
Exchange's current process for initiating the re-opening of securities
listed on the New York Stock Exchange LLC (``NYSE'') following the
resumption of trading after a halt, suspension, or pause during the
Early Trading Session,\3\ Pre-Opening Session,\4\ or After Hours
Trading Session.\5\ BZX Rule 11.24 describes the Exchange's opening
process for securities listed on other national securities exchanges,
including the process for re-opening such securities following the
resumption of trading after a halt, suspension, or pause. Although the
Exchange generally employs an automated process for re-opening
securities listed on other exchanges, there are situations where manual
intervention is currently needed to initiate the Exchange's re-opening
process. Specifically, manual intervention is currently needed for the
Exchange to initiate its re-opening process in NYSE-listed securities
that resume trading after a halt, suspension, or pause when such
resumption of trading occurs outside of regular trading hours at times
when the Exchange is open for either pre- or post-market trading but
NYSE does not trade its listed securities. The proposed rule change
would implement an automated process for initiating the re-opening of
trading on the Exchange in these circumstances.
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    \3\ The term ``Early Trading Session'' means the time between
7:00 a.m. and 8:00 a.m. Eastern Time. See BZX Rule 1.5(ee).
    \4\ The term ``Pre-Opening Session'' means the time between 8:00
a.m. and 9:30 a.m. Eastern Time. See BZX Rule 1.5(r).
    \5\ The term ``After Hours Trading Session'' means the time
between 4:00 p.m. and 8:00 p.m. Eastern Time. See BZX Rule 1.5(c).
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    Generally, the Exchange's re-opening process is designed to provide
an execution at the midpoint of the national best bid and offer
(``NBBO'') following the initiation of trading on the applicable
listing exchange. Specifically, as described in BZX Rule 11.24(e)(1),
the Exchange's re-opening process occurs at the midpoint of the: (i)
First NBBO subsequent to the first reported trade and first two-sided
quotation on the listing exchange following the resumption of trading
after a halt, suspension, or pause; or (ii) NBBO when the first two-
sided quotation is published by the listing exchange following the
resumption of trading after a halt, suspension, or pause if no first
trade is reported by the listing exchange within one second of
publication of the first two-sided quotation by the listing exchange.
In either case, the Exchange must wait for the listing exchange to
commence trading before initiating its re-opening procedures.
    NYSE operates two trading sessions each day: (1) The ``core trading
session'' between 9:30 a.m. ET to 4:00 p.m. ET, during which all
securities are available for trading; \6\ and (2) the ``early trading
session'' between 7:00 a.m. ET and the commencement of the core trading
session, during which only securities that trade via unlisted trading
privileges are available for trading.\7\ NYSE does not trade its listed
securities during its early trading session, i.e., prior to the
beginning of regular trading hours, nor does it trade any securities
after the end of regular trading hours. As a result, since the
Exchange's normal process for re-opening securities listed on other
exchanges after a halt, suspension, or pause requires trading to
commence on the listing exchange, the Exchange cannot use this process
for NYSE-listed securities that resume trading during the Early Trading
Session, Pre-Opening Session, or After Hours Trading Session.
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    \6\ See NYSE Rule 7.34(a)(2). NYSE's core trading session for
its listed securities begins with its opening auction and ends with
its closing auction if one is conducted. Id.
    \7\ See NYSE Rule 7.34(a)(1).
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    At the same time, BZX Rule 11.24(e)(2) provides that where neither
of the conditions required for the initiation of the Exchange's
automated re-opening process have occurred, trading in the security may
be resumed on the Exchange at its discretion. The Exchange therefore
periodically invokes it authority pursuant to this rule to manually
initiate the resumption of trading in NYSE-listed securities outside of
regular trading hours.\8\ However, initiating trading on the Exchange
in this manner requires manual intervention by Exchange staff. The
Exchange believes that it would be in the interest of market
participants and investors to instead automate its process for
initiating trading in this situation and avoid the need for manual
intervention.
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    \8\ The Exchange estimates that it currently invokes its
authority under this rule to manually initiate a re-opening in NYSE-
listed securities a handful of times each month.
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Current Process for NYSE-Listed Securities Re-Opened in Pre- and Post-
Market
    As discussed, the Exchange currently employs a manual process to
initiate the resumption of trading in NYSE-listed securities outside of
regular trading hours. This manual process requires personnel from the
Exchange's Trade Desk to become aware of, and react to, NYSE's
determination to lift a trading halt in one of their listed
securities.\9\ Typically, this occurs in one of two ways. First, the
Trade Desk performs proactive monitoring of halt notifications from
NYSE and subsequent resumptions during the After Hours Trading
Session.\10\ If a security is halted by NYSE during regular trading,
Trade Desk personnel will monitor internal tools beginning at 4:00 p.m.
ET to identify whether NYSE has lifted the halt. Second, even with the
proactive monitoring performed by the Trade Desk, there may be
instances where the Exchange has not immediately initiated the manual
re-opening of a security that has resumed trading. In such
circumstances, Exchange members may reach out to the Trade Desk when
they notice that their orders are not reflected in the market. In
either case, Trade Desk personnel would check internal tools to confirm
that the security is no longer halted, and would routinely invoke the
authority described in the paragraph above to initiate the re-opening
process on the Exchange after identifying that there are quotes
available in the security

on other exchanges. The Exchange believes that this manual process is
inefficient, and members have also reached out to the Trade Desk with
requests that the Exchange replace this process with a more efficient
automated process. As a result, the Exchange is proposing to automate
its process for initiating trading in this situation to avoid the need
for manual intervention by Exchange staff.
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    \9\ Section 203.07 of NYSE's Listed Company Manual describes its
trading halt procedures, and provides NYSE with discretion to
declare a material news halts in its listed securities, as well as
to lift such a halt when it determines that trading should resume.
As a matter of practice, NYSE may exercise its discretion to lift a
trading halt in its listed securities outside of its own hours for
trading such securities. In that event, NYSE would disseminate a
resume message through the SIP, which would permit trading to resume
on other national securities exchanges, including the Exchange.
    \10\ Although it is possible for a resumption to take place in
the Early Trading and Pre-Opening Sessions, Trade Desk personnel do
not monitor for resumptions in those trading sessions as this
scenario normally occurs in the After Hours Trading Session.
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Proposed Automated Process for Initiating the Exchange's Re-Opening
    As proposed, the Exchange would replace the manual process
described above with automated procedures that would automatically
resume trading after one second has passed following the Exchange's
receipt of the first NBBO following the resumption of trading after the
halt, suspension, or pause.\11\ This change would allow the Exchange to
avoid the need for Trade Desk staff to monitor for resumption messages,
and would allow members' orders to be automatically reflected in the
market, while continuing to ensure that the Exchange's re-opening is
tied to the existence of a market in the security on a national
securities exchange(s).\12\ With this change, the Exchange would
continue to re-open trading in NYSE-listed securities in the same
manner that it is able to under BZX Rule 11.24(e)(2) today, but would
not have to rely on manual procedures for initiating the resumption of
trading. Specifically, rather than conducting the standard midpoint re-
opening described in BZX Rule 11.24(e)(1) when the listing exchange has
not established a market in the security, the Exchange would continue
to follow the process described in BZX Rule 11.24(e)(2), without the
need for manual intervention. Thus, as is the case following the manual
initiation of the re-opening of trading in a security on the Exchange,
orders would be processed using the ``contingent open'' procedures
described in BZX Rule 11.24(d), which provides that orders are to be
handled in time sequence and placed on the BZX Book, routed, cancelled,
or executed in accordance with the terms of the order.\13\
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    \11\ The Exchange utilizes a combination of direct feeds and the
applicable securities information processor (``SIP'') feeds to
determine the NBBO in a security. See BZX Rule 11.26. In addition,
such NBBO information, as well as applicable halt and resume
messages, are disseminated to market participants through the SIP
feeds during the pre- and post-market trading hours of all U.S.
equities exchanges.
    \12\ Pursuant to Regulation NMS, the NBBO in a given security is
established by the best bid and best offer in such security
calculated and disseminated on a current and continuing basis by a
plan processor pursuant to an effective national market system plan.
See 17 CFR 242.600(b)(43). As such, an NBBO may be established when
one or more national securities exchanges are disseminating
quotations in an equity security.
    \13\ See BZX Rule 11.24(e)(2),(d).
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    In the event that there is no available NBBO in the security, the
proposed automated procedures would not resume trading on the Exchange,
but the Exchange would retain the ability to manually resume trading at
its discretion pursuant to current BZX Rule 11.24(e)(2). To increase
transparency around when the Exchange could invoke this discretion, the
Exchange proposes to amend BZX Rule 11.24(e)(2) to specifically state
that the discretion provided pursuant to this rule applies when a
security has not otherwise been re-opened for trading on the Exchange
pursuant to Proposed BZX Rule 11.24(e)(3). This change would not
substantively modify the scope of the discretion provided pursuant to
BZX Rule 11.24(e)(2). However, the Exchange believes that modifying the
rule in this manner would serve to increase transparency by
specifically identifying the times when this discretion is not relevant
due to the fact that the Exchange has successfully re-opened the
security using its automated procedures.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the requirements of Section 6(b) of the Act,\14\ in general, and
Section 6(b)(5) of the Act,\15\ in particular, in that it is designed
to remove impediments to and perfect the mechanism of a free and open
market and a national market system, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest and not to permit unfair discrimination between
customers, issuers, brokers, or dealers. Today, Trade Desk staff must
manually intervene to initiate the re-opening on the Exchange of NYSE-
listed securities following the resumption of trading after a halt,
suspension, or pause, if the security resumes trading during the Early
Trading Session, Pre-Opening Session, or After Hours Trading Session.
Although NYSE may trade securities pursuant to unlisted trading
privileges prior to regular trading hours, it does not offer pre- or
post-market trading for its listed securities. Since the Exchange's
current rules require trading to have commenced on the primary listing
market in order to initiate the Exchange's automated process for re-
opening securities following a halt, suspension, or pause, the Exchange
is forced to periodically invoke manual procedures to resume trading
these securities pursuant to unlisted trading privileges. The Exchange
believes, however, that an automated process would be more consistent
and reliable for market participants and investors as such a process
would not rely on manual intervention by Trade Desk staff before the
Exchange can resume trading. In addition to generally increasing
efficiency of the re-opening process, the Exchange believes that the
proposed automated procedures would reduce the need for members to
contact the Trade Desk with questions about the status of their orders.
Further, such a process would be responsive to member requests to
improve on the inefficient manual process currently employed.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
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    The proposed rule change would promote the public interest and the
protection of investors by eliminating the need for manual intervention
and replacing it with a more consistent procedure that would be applied
by its trading systems on an automated basis. The proposed change would
not impact the process by which the security would be re-opened, which
would continue to follow the ``contingent open'' procedures used today.
However, instead of relying on Trade Desk staff to manually re-open
trading in the security, trading would resume on the Exchange once one
second has passed following the Exchange's receipt of the first NBBO
following the resumption of trading after the halt, suspension, or
pause. This condition is designed to ensure that a market has been
established in the security prior to resuming trading on the Exchange,
and mirrors the steps that Trade Desk personnel would conduct today to
verify that there is a market in the security on one or more other
exchanges before manually initiating a re-opening. Specifically,
trading on the Exchange would not resume until one second after an NBBO
has been established in the security following the resumption of
quoting on at least one other national securities exchange. The
Exchange believes that resuming trading once this condition has been
satisfied would ensure that trading can be resumed in an automated and
efficient fashion, while also ensuring that the re-opening of trading
on the Exchange continues to be tied to the existence of an established
market in the security on one or more other exchanges in the absence of
trading on the primary listing market during the pre- and post-market.
In addition, the Exchange would continue

to have the authority to manually initiate the re-open of trading
pursuant to BZX Rule 11.24(e)(2), which would allow the Exchange to re-
open trading in the event that trading is not re-opened pursuant to its
automated procedures. The proposed amendments to BZX Rule 11.24(e)(2)
would increase the transparency of that rule by specifically noting
that this discretion would be used when the Exchange is not otherwise
able to re-open trading in an automated fashion under its rules.

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

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
designed to facilitate a more efficient re-opening process in
situations where the Exchange's current rules would require unnecessary
and inefficient manual intervention, and is not designed to address any
competitive issues. The Exchange therefore does not believe that the
proposed rule change would have any significant impact on competition.
Rather than impact the competitive environment, the proposed rule
change would benefit members and investors by eliminating the need for
manual intervention when initiating the Exchange's re-opening process
for NYSE-listed securities that resume trading during the Early Trading
Session, Pre-Opening Session, or After Hours Trading Session.

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

    No written comments were solicited or received on the proposed rule
change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    A. By order approve or disapprove such proposed rule change, or
    B. institute proceedings to determine whether the proposed rule
change should be 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-CboeBZX-2020-083 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-CboeBZX-2020-083. 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-CboeBZX-2020-083 and should be submitted
on or before December 10, 2020.
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    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-25496 Filed 11-18-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Proposed Rules]
[Pages 47852-47855]
[FR Doc No: 2018-20572]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0371]
RIN 1625-AA00

Safety Zone; Penn's Landing Fireworks, Delaware River,
Philadelphia PA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the existing recurring
fireworks safety zone on the Delaware River adjacent to Penn's Landing
in Philadelphia, Pennsylvania. The amendment would allow the Coast
Guard to enforce the safety zone at this location throughout the entire
year. The Coast Guard would notify the public of upcoming enforcement
of the zone through publication of a Notice of Enforcement in the
Federal Register and Broadcast Notice to Mariners. This change would
expedite public notification of events at the location and ensure the
protection of the maritime public and event participants from the
hazards associated with fireworks displays in the Delaware River
adjacent to Penn's Landing. We invite your comments on this proposed
rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before October 22, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0371 using the Federal eRulemaking Portal at http://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 Petty Officer Edmund Ofalt, Sector
Delaware Bay, Waterways Management Division, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    The Coast Guard routinely receives requests for fireworks displays
in the Delaware River Adjacent to Penn's Landing in Philadelphia,
Pennsylvania. As a result, the Coast Guard previously issued a rule
creating a recurring safety zone location for this location, listed as
entry (a)16 in the table to 33 CFR 165.506. That regulation lists
possible days of anticipated enforcement as July 2nd, 3rd, 4th, or 5th;
Columbus Day; December 31st, and January 1st. In recent years, however,
the number of firework events at this location has significantly
increased. To date in the year 2018 there have been 9 requests for
fireworks events at this location--many more than the anticipated
number of approximately 3 events covered by the current regulation. The
additional requests fall outside the enforcement dates listed in the
CFR. As a result, the Coast Guard had to issue numerous temporary
safety zones to cover the additional events that fall outside of the
coverage of the current regulation. The rules creating these temporary
safety zones are generally not preceded by notice of proposed
rulemaking due to the short lead-time often provided to the Coast
Guard.
    The Coast Guard proposes to revise the safety zone for the Penn's
Landing location to allow the agency to enforce the safety zone at
Penn's Landing anytime from January through December each year during
times when a fireworks show is taking place. The purpose of this
rulemaking is to ensure the safety of vessels on the navigable waters
near the fireworks barge before, during, and after the scheduled event.
Hazards from firework displays include accidental discharge of
fireworks, dangerous projectiles and falling hot embers or other
debris.
    The Coast Guard proposes this rulemaking under authority in 33
U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to revise its recurring fireworks safety zone
near Penn's Landing, listed as entry (a)16 in the table to 33 CFR
165.506. Although this safety zone would be January through December
each year, enforcement of the safety zone would only be conducted for
short periods of time before, during and after fireworks shows at this
location. In order to promote clarity, Penn's Landing has been added to
the location column of the proposed revised regulatory text. The column
defining the boundaries of the regulated area has also been updated to
improve clarity and more efficiently define the regulated area. The
revised safety zone would cover all navigable waters of the Delaware
River within 500 yards of a fireworks barge located at latitude
39[deg]56'49'' N, longitude 075[deg]08'11'' W, adjacent to Penn's
Landing, Philadelphia, Pennsylvania.
    The requirements of 33 CFR 165.506(a) would still apply. 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration and time of day of the safety zone. Only a small,
designated area of the Delaware River will be impacted during
enforcement. Consistent with the current regulatory text found in 33
CFR 165.506(d), the default time period this zone will be enforced
during each activation is between 5:30 p.m. to 1 a.m. That regulation,
however, allows for modifications in this timeframe. In practice, the
zone is typically activated with only a two-hour enforcement time
period. During the evening, when enforcement is occurring, commercial
and recreational traffic is normally low. Notification of enforcement
dates and times will be made, at a minimum, to the maritime community
via Notice of Enforcement published in the Federal Register, Broadcast
Notice to Mariners, and actual notice will be provided via on-scene
enforcement vessels. Notifications will be updated as necessary, to
keep the maritime community informed of the status of the safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
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 contact 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 contact 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 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This proposed rule involves a safety zone that will only
be enforced for a short duration and excludes vessels from entry into
or remaining within a specified area on the Delaware River. Normally
such actions are categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A preliminary Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.

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.

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 http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, 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 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Amend Sec.  165.506 by revising entry (a)16 in Table to Sec.
165.506 to read as follows:

Sec.  165.506  Safety Zones; Fireworks Displays in the Fifth Coast
Guard District.

* * * * *

                         Table to Sec.   165.506
------------------------------------------------------------------------

------------------------------------------------------------------------
             (a) Coast Guard Sector Delaware Bay--COTP Zone
------------------------------------------------------------------------

                              * * * * * * *
16 January 1st-December 31st:   Penn's Landing,    All waters of
 Any day specified by Notice     Delaware River,    Delaware River,
 of Enforcement published in     Philadelphia PA;   adjacent to Penn's
 the Federal Register and        Safety Zone.       Landing,
 broadcast via Broadcast                            Philadelphia, PA,
 Notice to Mariners.                                within 500 yards of
                                                    a fireworks barge at
                                                    approximate position
                                                    latitude
                                                    39[deg]56'49'' N,
                                                    longitude
                                                    075[deg]08'11'' W.

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

    Dated: September 18, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-20572 Filed 9-20-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: November 19, 2007 (Volume 72, Number 222)]
[Rules and Regulations]
[Page 64951]
[DOCID:fr19no07-8]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2006-0898; FRL-8340-8]
RIN 2070-AB27

Certain Chemical Substances; Withdrawal of Significant New Use
Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of final rules.

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

SUMMARY: EPA is withdrawing two significant new use rules (SNURs)
promulgated under section 5(a)(2) of the Toxic Substances Control Act
(TSCA) for substances which were the subject of premanufacture notices
(PMNs), i.e., dodecandioic acid, 1, 12-dihydrazide (CAS No. 4080-98-2;
PMNs P-01-759 and P-05-555) and thiophene, 2,5-dibromo-3-hexyl- (CAS
No. 116971-11-0; PMN P-07-283). EPA published the SNURs using direct
final rulemaking procedures. EPA received notices of intent to submit
adverse comments on these rules. Therefore, the Agency is withdrawing
these SNURs, as required under the expedited SNUR rulemaking process.
EPA also intends to publish in the Federal Register, under separate
notice and comment rulemaking procedures, proposed SNURs for these two
substances.

DATES: This final rule is effective November 19, 2007.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address: TSCA-
<EMAIL_ADDRESS>    For technical information contact: Karen Chu, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    A list of potentially affected entities is provided in the Federal
Register of September 19, 2007 (72 FR 53470) (FRL-8135-8). If you have
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

II. What Rule is being Withdrawn?

    In the Federal Register of September 19, 2007 (72 FR 53470), EPA
issued several direct final Significant New Use Rules (SNURs),
including SNURs for the two chemical substances that are the subject of
this withdrawal. These direct final rules were issued pursuant to the
procedures in 40 CFR part 721, subpart D. In accordance with 40 CFR
721.170(d)(4)(i)(B), EPA is withdrawing the rules issued for
dodecandioic acid, 1, 12-dihydrazide (CAS No. 4080-98-2; PMNs P-01-759
and P-05-555) and thiophene, 2, 5-dibromo-3-hexyl- (CAS No. 116971-11-
0; PMN P-07-283) (see Sec.  721.10057 and Sec.  721.10088,
respectively) because the Agency received a notice to submit adverse
comments. EPA intends to propose SNURs for these two substances via
notice and comment rulemaking in a future Federal Register document.
    For further information regarding EPA's expedited process for
issuing SNURs, interested parties are directed to 40 CFR part 721,
subpart D and theFederal Register of July 27, 1989 (54 FR 31314). The
record for the direct final SNUR for these substances which is being
withdrawn was established at EPA-HQ-OPPT-2006-0898. That record
includes information considered by the Agency in developing this rule
and one of the notices of intent to submit adverse comments. The other
notice of intent to submit adverse comments was claimed as Confidential
Business Information by the commenter and therefore is not in the
public docket.

III. How Do I Access the Docket?

    To access the electronic docket, please go tohttp://
www.regulations.gov and follow the online instructions to access Docket
ID No. EPA-HQ-OPPT-2006-0898. Additional information about the docket
facility is provided underADDRESSES in the Federal Register document of
September 19, 2007 (72 FR 53470). If you have questions, consult the
person listed under FOR FURTHER INFORMATION CONTACT.

IV. What Statutory and Executive Order Reviews Apply to this Action?

    This final rule revokes or eliminates an existing regulatory
requirement and does not contain any new or amended requirements. As
such, the Agency has determined that this withdrawal will not have any
adverse impacts, economic or otherwise. The statutory and executive
order review requirements applicable to the direct final rule were
discussed in the Federal Register document of September 19, 2007 (72 FR
53470). Those review requirements do not apply to this action because
it is a withdrawal and does not contain any new or amended
requirements.

V. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq. generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and
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.
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.

    Dated: November 14, 2007.
Oscar Hernandez,
Acting Director, Office of Pollution Prevention and Toxics.

0
Therefore, 40 CFR part 721 is amended as follows:

PART 721--[AMENDED]

0
1. The authority citation for part 721 continues to read as follows:

    Authority: 15 U.S.C. 2604, 2607, and 2625(c).

Sec.  721.10057  [Removed]

0
2. By removing Sec.  721.10057.

Sec.  721.10088  [Removed]

0
3. By removing Sec.  721.10088.

[FR Doc. E7-22614 Filed 11-16-07 8:45 am]

BILLING CODE 6560-50-S