[Federal Register Volume 77, Number 216 (Wednesday, November 7, 2012)]
[Notices]
[Pages 66850-66851]
[FR Doc No: 2012-27146]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0001]

Public Workshop on Burkholderia: Exploring Current Issues and
Identifying Regulatory Science Gaps

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
following meeting: ``Public Workshop on Burkholderia: Exploring Current
Issues and Identifying Regulatory Science Gaps.'' An interagency
planning committee led by FDA, in collaboration with the Defense Threat
Reduction Agency; the National Institute of Allergy and Infectious
Diseases, a component of the National Institutes of Health; the Centers
for Disease Control and Prevention; the U.S. Army Medical Research
Institute of Infectious Diseases; the Biomedical Advanced Research and
Development Authority; the Chemical Biological Medical Systems Joint
Project Management Office; the U.S. Strategic Command Center for
Combating Weapons of Mass Destruction; and the Joint Science and
Technology Office for Chemical and Biological Defense, developed this
workshop to present the most current information on melioidosis (caused
by Burkholderia pseudomallei) and glanders (caused by B. mallei), with
the general purpose of building on information presented at previous
meetings and identifying future areas of research needed to advance
animal model development and to advance candidate medical
countermeasures (MCMs) for approval, licensure, or clearance.

DATES: This public workshop will be held on Thursday, November 29,
2012, from 8 a.m. EST to 5 p.m. EST, and Friday, November 30, 2012,
from 8 a.m. EST to 12 noon EST. Persons interested in attending the
workshop in person or viewing via Webcast must register by Wednesday,
November 21, 2012, at 5 p.m. EST.

ADDRESSES: The public workshop will be held at FDA White Oak Campus,
10903 New Hampshire Ave., Bldg. 31 Conference Center, the Great Room
(Rm. 1503A), Silver Spring, MD 20993-0002. Information regarding
special accommodations due to a disability, visitor parking, and
transportation may be accessed at: http://www.fda.gov/AdvisoryCommittees/default.htm; under the heading ``Resources for
You,'' click on ``Public Meetings at the FDA White Oak Campus.'' Please
note that visitors to the White Oak Campus must enter through Building
1.

FOR FURTHER INFORMATION CONTACT: Pamela Chamberlain, Office of
Counterterrorism and Emerging Threats, Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 32, Rm. 4122,<PHONE_NUMBER>, FAX: 301-
847-8615, email<EMAIL_ADDRESS>Web site: http://www.fda.gov/medicalcountermeasures.

SUPPLEMENTARY INFORMATION:

I. Background

    B. pseudomallei is a gram-negative bacterial pathogen that causes
melioidosis, a disease endemic in Southeast Asia and northern
Australia. Melioidosis is historically associated with a high mortality
rate due to the speed with which septicemia develops and the inherent
resistance of the bacteria to several classes of antibiotics. For
example, a 20-year prospective study of melioidosis in northern
Australia found an overall mortality of 14 percent and a 50 percent
mortality rate for patients with septic shock (Ref. 1). A 9-year
prospective study of melioidosis in northeast Thailand found an overall
mortality rate of 42.6 percent (Ref. 2). Prolonged courses of
antibiotics are required to treat melioidosis (Ref. 3). Despite
prolonged antimicrobial therapy, recurrent disease is common (at a rate
of greater than or equal to 6 percent in the first year) (Refs. 1 and
4). In addition to the public health threat posed by naturally
occurring infections, B. pseudomallei has been determined to pose a
material threat sufficient to affect the United States' national
security (Ref. 5).
    B. mallei (formerly Pseudomonas mallei) is a gram-negative,
bacterial pathogen that causes glanders and is primarily a zoonotic
disease in Africa, Asia, the Middle East, and Central/South America.
Natural glanders infections occur primarily in horses, donkeys, and
mules, but most mammals have some degree of susceptibility. While human
susceptibility to B. mallei infection has not been studied indepth, the
organism is highly infectious in the laboratory setting. Prolonged
antimicrobial therapy is required to treat B. mallei infection and
prevent its relapse (Refs. 6 and 7). B. mallei has also been determined
to pose a material threat sufficient to affect the United States'
national security (Ref. 5).
    Because of the lengthy antibiotic therapy required to treat
melioidosis and glanders and the suboptimal clinical outcomes, lack of
vaccines, possible biothreat applications, and public health
implications, there is significant interest in developing new MCMs as
well as improved animal models to evaluate candidate MCMs for these
diseases. This public workshop was designed with specific goals that
include, but are not limited to:
     Review of the current state of the knowledge of human
melioidosis and glanders;
     Discussion of the availability of relevant animal models
and their current state of development;
     Discussion of the availability, development, procurement,
and stockpiling of relevant MCMs, including diagnostic tests; and
     Identification of the scientific and regulatory
considerations associated with testing and development of MCMs for safe
and effective treatment or prevention of these diseases.

II. How to Register

    If you wish to attend the public workshop or view via Webcast, you
must register at http://www.fda.gov/medicalcountermeasures by
Wednesday, November 21, 2012, at 5 p.m. EST. When registering, you must
provide the following information: (1) Your name, (2) title, (3)
company or organization (if applicable), (4) mailing address, (5) phone
number, and (6) email address.
    There is no fee to register for the public meeting and registration
will be on a first-come, first-served basis. Early registration is
recommended because seating is limited.
    If you need special accommodations due to a disability, please
enter pertinent information in the ``Notes'' section of the electronic
registration form when you register.

III. References

    The following references have been placed on display in the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville, MD 20852, and may be seen by
interested persons between 9 a.m. and 4 p.m., Monday through Friday,
and are available electronically at http://www.regulations.gov. (FDA
has verified the Web site addresses, but we are not responsible for any
subsequent changes to the Web sites after this document publishes in
the Federal Register.)

    1. Currie B.J., L. Ward, and A.C. Cheng, ``The Epidemiology and
Clinical Spectrum of Melioidosis: 540 Cases From the 20 Year Darwin
Prospective Study,'' Public Library of Science Neglected Tropical
Diseases, vol. 4(11):e900, 2010.

    2. Limmathurotsakul D., S. Wongratanacheewin, N.
Teerawattanasook, et al, ``Increasing Incidence of Human Melioidosis
in Northeast Thailand,'' American Journal of Tropical Medicine and
Hygiene, vol. 82(6), pp. 1113-1117, 2010.
    3. Wiersinga W.J., B.J. Currie, and S.J. Peacock,
``Melioidosis,'' The New England Journal of Medicine, vol. 367(11),
pp. 1035-1044, 2012.
    4. Limmathurotsakul D., W. Chaowagul, W. Chierakul, et al.,
``Risk Factors for Recurrent Melioidosis in Northeast Thailand,''
Clinical Infectious Diseases, vol. 43(8), pp. 979-986, 2006.
    5. U.S. Department of Health and Human Services, ``2012 Public
Health Emergency Medical Countermeasures Enterprise (PHEMCE)
Strategy,'' (Washington, DC: U.S. Department of Health and Human
Services, 2012), available at: http://www.phe.gov/Preparedness/mcm/phemce/Documents/2012-PHEMCE-Strategy.pdf, accessed October 16,
2012.
    6. Srinivasan A., ``Glanders in a Military Research
Microbiologist,'' The New England Journal of Medicine, vol. 345(4),
pp. 256-258, 2001.
    7. Gregory, B.C., and D.M. Waag, ``Glanders,'' in Textbook of
Military Medicine: Medical Aspects of Chemical and Biological
Warfare (Washington, DC: Office of the Surgeon General, 2007),
available at: https://ke.army.mil/bordeninstitute/published_volumes/biological_warfare/BW-ch06.pdf, accessed October 16, 2012.

    Dated: November 1, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-27146 Filed 11-6-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: December 11, 2007 (Volume 72, Number 237)]
[Notices]
[Page 70353-70354]
[DOCID:fr11de07-79]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56893; File No. 4-429]

Joint Industry Plan; Notice of Summary Effectiveness on a
Temporary Basis of Joint Amendment No. 25 to the Plan for the Purpose
of Creating and Operating an Intermarket Option Linkage Relating to
Response Time for Certain Orders Sent Through the Linkage, and Notice
of Filing of Such Amendment

December 4, 2007.

I. Introduction

    On November 13, 2007, November 28, 2007, November 29, 2007,
November 9, 2007, November 9, 2007, and November 23, 2007, the American
Stock Exchange LLC (``Amex''), the Boston Stock Exchange, Inc.
(``BSE''), the Chicago Board Options Exchange, Incorporated (``CBOE''),
the International Securities Exchange, LLC (``ISE''), the NYSE Arca,
Inc., and the Philadelphia Stock Exchange, Inc. (``Phlx'')
(collectively, ``Participants''), respectively, filed with the
Securities and Exchange Commission (``Commission'') pursuant to Section
11A of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 608
thereunder \2\ an amendment (``Joint Amendment No. 25'') to the Plan
for the Purpose of Creating and Operating an Intermarket Option Linkage
(``Linkage Plan'').\3\ In Joint Amendment No. 25, the Participants
propose to reduce (i) the amount of time a member must wait after
sending a Linkage Order \4\ to a market before the member can trade
through that market and (ii) the timeframe within which a Participant
must respond to a Linkage Order after receipt of that Order. This order
summarily puts into effect Joint Amendment No. 25 on a temporary basis
not to exceed 120 days and solicits comment on Joint Amendment No. 25
from interested persons.\5\
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    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ On July 28, 2000, the Commission approved a national market
system plan for the purpose of creating and operating an intermarket
options market linkage (``Linkage'') proposed by Amex, CBOE, and
ISE. See Securities Exchange Act Release No. 43086 (July 28, 2000),
65 FR 48023 (August 4, 2000). Subsequently, Phlx, Pacific Exchange,
Inc. (n/k/a NYSE Arca, Inc.), and BSE joined the Linkage Plan. See
Securities Exchange Act Release Nos. 43573 (November 16, 2000), 65
FR 70851 (November 28, 2000); 43574 (November 16, 2000), 65 FR 70850
(November 28, 2000); and 49198 (February 5, 2004), 69 FR 7029
(February 12, 2004).
    \4\ See Section 2(16) of the Linkage Plan. For the purposes of
this Joint Amendment No. 25 only, references to ``Linkage Orders''
herein pertain to P/A Orders and Principal Orders. For definitions
of ``P/A Order'' and ``Principal Order,'' see note 6 infra.
    \5\ A proposed amendment may be put into effect summarily upon
publication of notice of such amendment, on a temporary basis not to
exceed 120 days, if the Commission finds that such action is
necessary or appropriate in the public interest, for the protection
of investors or the maintenance of fair and orderly markets, to
remove impediments to, and perfect mechanisms of, a national market
system or otherwise in furtherance of the purposes of the Act. See
17 CFR 242.608(b)(4).
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II. Description of the Proposed Amendment

    First, the purpose of Joint Amendment No. 25 is to reduce the
amount of time a member must wait after sending a Linkage Order to a
market before the member can trade through that market. The
Participants propose to decrease this time period from 5 seconds to 3
seconds.
    Second, Joint Amendment No. 25 will also reduce the time frame in
which a Participant must respond to a Linkage Order from 5 to 3 seconds
after receipt of that Order. Because the Linkage is highly automated
and a Participant should receive a response to a Linkage Order within
seconds after it is sent, the Participants do not believe it is
necessary to wait the current 5 seconds for such a response. In
addition, especially in fast-moving markets like the options market,
the Participants believe that amending the time period to 3 seconds for
the rejection of a P/A Order or Principal Order \6\ due to an untimely
response will provide an opportunity for the transmittal of responses
while also allowing a Participant's members to execute orders on their
own exchanges in a timely manner.
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    \6\ See Section 2(16)(a) and (b) of the Linkage Plan,
respectively.
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III. Discussion

    After careful consideration, the Commission finds that the proposed
amendment to the Linkage Plan is consistent with the requirements of
the Act and the rules and regulations thereunder.\7\ Specifically, the
Commission finds that the proposed amendment to the Linkage Plan is
consistent with Section 11A of the Act \8\ and Rule 608 of Regulation
NMS thereunder \9\ in that it is appropriate in the public interest,
for the protection of investors and the maintenance of fair and orderly
markets. Specifically, the Commission believes that reducing the time
required by a Participant to

respond to a Linkage Order and the amount of time a member sending a
Linkage Order must wait before trading through a nonresponsive
Participant should facilitate the more timely execution of orders
across the options markets. In addition, the Commission finds that it
is appropriate to summarily put into effect Joint Amendment No. 25 upon
publication of this notice on a temporary basis for 120 days. The
Commission believes that such action is appropriate in the public
interest, for the protection of investors and the maintenance of fair
and orderly markets, because it will facilitate implementation of the
Joint Amendment No. 25 in conjunction with the recent expansion of the
options penny quoting pilot program.
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    \7\ In summarily putting into effect this Joint Amendment No.
25, the Commission has considered its impact on efficiency,
competition, and capital formation.
    \8\ 15 U.S.C. 78k-1.
    \9\ 17 CFR 242.608.
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether proposed Joint
Amendment No. 25 is consistent with the Act. Comments may be submitted
by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number 4-429 on the subject line.

Paper Comments

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

All submissions should refer to File Number 4-429. This file number
should be included on the subject line if e-mail is used. To help the
Commission process and review your comments more efficiently, please
use only one method. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).

Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for inspection and copying in the
Commission's Public Reference Room, 100 F Street, NE., Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of such filings also will be available for inspection and
copying at the principal offices of the Amex, BSE, CBOE, ISE, NYSE
Arca, and Phlx. All comments received will be posted without change;
the Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
publicly available. All submissions should refer to File Number 4-429
and should be submitted on or before January 2, 2008.

V. Conclusion

    It is therefore ordered, pursuant to Section 11A of the Act \10\
and Rule 608(b)(4) thereunder,\11\ that Joint Amendment No. 25 is
summarily put into effect until April 9, 2008.
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    \10\ 15 U.S.C. 78k-1.
    \11\ 17 CFR 242.608(b)(4).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(29).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-23920 Filed 12-10-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: January 25, 2008 (Volume 73, Number 17)]
[
Notices]
[Page 4656-4658]
[DOCID:fr25ja08-149]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57167; File No. SR-NYSEArca-2008-10]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Relating to the
Closing Time for Options on Exchange-Traded Funds

January 17, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 16, 2008, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange''), through its wholly owned subsidiary, NYSE Arca

Equities, Inc. (``NYSE Arca Equities''), filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I and II below, which Items have been substantially
prepared by NYSE Arca. The Exchange filed the proposal as ``non-
controversial'' pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and
Rule 19b-4(f)(6) thereunder,\4\ which renders it effective upon filing
with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NYSE Arca proposes to amend NYSE Arca Rule 7.1 in order to provide
the Exchange with flexibility, similar to that of other options
exchanges, regarding the time at which options on exchange-traded funds
(``ETFs'') cease trading on the Exchange. The text of the proposed rule
change is available at the Exchange's principal office, the
Commission's Public Reference Room, and http://www.nysearca.com.

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

    In its filing with the Commission, NYSE Arca 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 those 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 parts of such
statements.

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

1. Purpose
    The Exchange proposes to amend NYSE Arca Rule 7.1 (``Rule''),
Trading Sessions, to provide the Exchange with flexibility, similar to
that of other options exchanges, regarding the time at which options on
ETFs cease trading on the Exchange. The rule currently specifies the
trading hours for options on ETFs as commencing at 6:30 a.m. Pacific
Time (``PT'') and ending at the same time as the primary listing
exchange closes its core trading session in the underlying ETF.
    Recently, the Exchange submitted a proposed rule change that was
effective upon filing that governed the trading hours of options on
ETFs.\5\ As a result of that proposed rule change, the Exchange
synchronized the closing time for options on ETFs with the time at
which the underlying ETF closes on its primary listing exchange. In the
case of NYSE Arca Equities, starting January 2, 2008, the closing time
for its primary listed ETFs changed to 1 p.m. PT.
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    \5\ See Securities Exchange Act Release No. 57087 (January 2,
2008), 73 FR 1656 (January 9, 2008) (SR-NYSEArca-2008-01).
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    Since that date, the Exchange has closed trading in options on NYSE
Arca Equities primary listed ETFs at 1 p.m. PT. For the most part,
other options exchanges followed suit. However, certain options
exchanges, most notably the Chicago Board Options Exchange (``CBOE''),
the American Stock Exchange, and the International Stock Exchange have
continued to trade options on iShares Russell 2000 Index Fund
(``IWM''), an ETF that is listed on NYSE Arca Equities, until 1:15 p.m.
PT. The Exchange, meanwhile, closes trading in options on IWM at 1 p.m.
PT in keeping with NYSE Arca Rule 7.1.
    Although compliant with its rules, the Exchange is operating at a
competitive disadvantage because other options exchanges allow their
members to trade options on IWM until 1:15 p.m. PT. To address this
apparent disadvantage, the Exchange proposes to amend Rule 7.1 similar
to CBOE Rule 6.1 so that options on ETFs may be traded on the Exchange
until 1:15 p.m. each business day.\6\
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    \6\ Commentary .01 to CBOE Rule 6.1 states, in part, that
``hours during which transactions in options on individual stocks
may be made on the Exchange shall correspond to the normal hours for
business set forth in the rules of the primary exchange listing the
stocks underlying CBOE options.'' Commentary .03 to CBOE Rule 6.1
states: ``Options on Units, as defined under Interpretation and
Policy .06 to Rule 5.3, and options on the Nasdaq-100 Index Tracking
Stock may be traded on the Exchange until 3:15 p.m. [Central Time]
each business day.''
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\7\ in general, and furthers the objectives of Section 6(b)(5),\8\
in particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanisms of a free and open
market and a national market system.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    The Exchange has neither solicited nor received written 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: (1)
Significantly affect the protection of investors or the public
interest; (2) impose any significant burden on competition; and (3)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate if consistent with
the protection of investors and the public interest, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). The Exchance has requested that the
Commission waive the requirement that the Exchange provide 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 on which the
Exchange filed the proposed rule change pursuant to rule 19b-
4(f)(6)(iii). The Commission hereby grants this request.
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    NYSE Arca has requested that the Commission waive the 30-day
operative delay and designate the proposed rule change to become
operative upon filing. The proposed rule is similar to rules of other
exchanges and does not appear to raise any novel or significant
regulatory issues. Therefore, the Commission designates the proposed
rule change as operative upon filing.\11\
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    \11\ For the purposes only of waiving the operative date of this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in the furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml.
 ); or
     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSEArca-2008-10 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2008-10. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml
 ). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2008-10 and should
be submitted on or before February 15, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-1303 Filed 1-24-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Rules and Regulations]
[Pages 40331-40332]
[FR Doc No: 2021-16031]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0576]
RIN 1625-AA00

Safety Zone; Maumee River; Toledo, OH

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters on the Maumee River near Promenade Park in Toledo, OH.
The safety zone is necessary to protect spectators, personnel, vessels,
and the marine environment from potential hazards created by the
Promedica Health System Fireworks event. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port Detroit, or a designated representative.

DATES: This rule is effective from 9:30 p.m. through 10:30 p.m. on
September 3, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0576 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST2 Jacob Haan, Waterways Department, Marine Safety Unit
Toledo, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
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 with
respect to this rule because the event sponsor notified the Coast Guard
with insufficient time to accommodate the comment period. Thus,
delaying the effective date of this rule to wait for the comment period
to run would be impracticable and contrary to the public interest
because it would inhibit the Coast Guard's ability to protect
spectators and vessels from the hazards associated with a maritime
fireworks display.

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 Detroit
(COTP) has determined that potential hazards associated with the
fireworks display will be a safety concern for anyone within a 250-yard
radius of the launch site. The likely combination of recreational
vessels, darkness punctuated by bright flashes of light, and fireworks
debris falling into the water presents risks of collisions which could
result in serious injuries or fatalities. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone during the fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone that will be enforced from 9:30
p.m. through 10:30 p.m. on September 3, 2021. The safety zone will
encompass all U.S. navigable waters of the Maumee River within a 250-
yard radius of the fireworks launch site located near Promenade Park in
Toledo, OH. The duration of the zone is intended to protect personnel,
vessels, and the marine environment in these navigable waters during
the fireworks display. Entry into, transiting, or anchoring within the
safety zone is prohibited unless authorized by the Captain of the Port,
Sector Detroit or a designated representative. The Captain of the Port,
Sector Detroit or a designated representative may be contacted via VHF
Channel 16.

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. This safety zone would
impact a small designated area of the Maumee River for a period of one
hour during the evening when vessel traffic is normally low. Moreover,
the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule would allow vessels to
seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
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 only one hour that will prohibit entry within 250-
yard radius of where the fireworks display will be conducted. It is
categorically excluded from further review under paragraph L[60] 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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0576 to read as follows:

Sec.  165.T09-0576  Safety Zone; Maumee River; Toledo, OH.

    (a) Location. The following area is a safety zone: All U.S.
navigable waters of the Maumee River within a within a 250-yard radius
of the fireworks launch site located at position 41[deg]38'54'' N
83[deg]31'54'' W. All geographic coordinates are North American Datum
of 1983 (NAD 83).
    (b) Enforcement period. This section will be enforced from 9:30
p.m. through 10:30 p.m. on September 3, 2021. The Captain of the Port
Detroit, or a designated representative may suspend enforcement of the
safety zone at any time.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into, transiting or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port
Detroit, or his designated representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Detroit or his designated
representative.
    (3) The ``designated representative'' of the Captain of the Port
Detroit is any Coast Guard commissioned, warrant, or petty officer who
has been designated by the Captain of the Port Detroit to act on their
behalf. The designated representative of the Captain of the Port
Detroit will be aboard either a Coast Guard or Coast Guard Auxiliary
vessel. The Captain of the Port Detroit or a designated representative
may be contacted via VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Detroit or a designated
representative to obtain permission to do so. Vessel operators given
permission to enter or operate in the safety zone must comply with all
directions given to them by the Captain of the Port Detroit or a
designated representative.

    Dated: July 22, 2021.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2021-16031 Filed 7-27-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Notices]
[Page 50712]
[FR Doc No: 2014-20089]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

Extension:
    Form 24F-2;OMB Control No. 3235-0456, SEC File No. 270-399.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501-3520), the Securities and Exchange Commission
(the ``Commission'') has submitted to the Office of Management and
Budget (``OMB'') a request for extension of the previously approved
collection of information discussed below.
    Rule 24f-2 (17 CFR 270.24f-2) under the Investment Company Act of
1940 (15 U.S.C. 80a) requires any open-end management companies
(``mutual funds''), unit investment trusts (``UITs'') or face-amount
certificate companies (collectively, ``funds'') deemed to have
registered an indefinite amount of securities to file, not later than
90 days after the end of any fiscal year in which it has publicly
offered such securities, Form 24F-2 (17 CFR 274.24) with the
Commission. Form 24F-2 is the annual notice of securities sold by funds
that accompanies the payment of registration fees with respect to the
securities sold during the fiscal year.
    The Commission estimates that 6946 funds file Form 24F-2 on the
required annual basis. The average annual burden per respondent for
Form 24F-2 is estimated to be two hours. The total annual burden for
all respondents to Form 24F-2 is estimated to be 13,892 hours. The
estimate of average burden hours is made solely for the purposes of the
Paperwork Reduction Act, and is not derived from a comprehensive or
even a representative survey or study of the costs of Commission rules.
    Compliance with the collection of information required by Form 24F-
2 is mandatory. The Form 24F-2 filing that must be made to the
Commission is available to the public. An 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 control number.
    The public may view the background documentation for this
information collection at the following Web site, www.reginfo.gov.
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to<EMAIL_ADDRESS>and (ii) Thomas Bayer, Chief Information Officer,
Securities and Exchange Commission, c/o Remi Pavlik-Simon, 100 F Street
NE., Washington, DC 20549 or send an email to<EMAIL_ADDRESS>
Comments must be submitted to OMB within 30 days of this notice.

    Dated: August 19, 2014.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-20089 Filed 8-22-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Notices]
[Pages 29951-29952]
[FR Doc No: 2017-13705]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81020; File No. SR-MIAX-2017-30]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend MIAX Options Rules 307, Position Limits,
and 309, Exercise Limits, To Extend the SPY Pilot Program

June 26, 2017.
    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 June 20, 2017, Miami International Securities Exchange, LLC
(``MIAX Options'' or ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I and II below, which Items have been prepared by
the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange is filing a proposal to amend Exchange Rules 307,
Position Limits, and 309, Exercise Limits, to extend the pilot program
that eliminates the position and exercise limits for physically-settled
options on the SPDR[supreg] S&P 500[supreg] ETF Trust (``SPY Pilot
Program'').
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.miaxoptions.com/rule-filings, at MIAX's
principal office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    Exchange Rules 307, Position Limits, and 309, Exercise Limits,
establish position and exercise limits for aggregate positions in
option contracts traded on the Exchange. Interpretations and Policies
.01 to Rule 307 lists specific position limits for options on specific
underlying securities, and Interpretations and Policies .01 to Rule 309
lists specific exercise limits for options on specific underlying
securities. Among the listed specific underlying securities is the
SPDR[supreg] S&P 500[supreg] ETF Trust (``SPY''). Currently, each of
these Rules provides that there is no position limit and no exercise
limit on options overlying SPY. The position and exercise limits for
options overlying SPY in each of these Rules are the subject of a pilot
program, which is scheduled to expire on July 12, 2017.\3\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 78120 (June 22,
2016), 81 FR 42032 (June 28, 2016) (SR-MIAX-2016-17) (extending the
SPY Pilot Program to July 12, 2017).
---------------------------------------------------------------------------

    The Exchange proposes to amend Exchange Rule 307, Interpretations
and Policies .01, and Exchange Rule 309, Interpretations and Policies
.01, to extend the duration of the SPY Pilot Program through July 12,
2018. There are no substantive changes being proposed to the SPY Pilot
Program. The Exchange affirms its consideration of several factors that
support the proposal to establish and extend the SPY Pilot Program,
which include: (1) The liquidity of the option and the underlying
security; (2) the market capitalization of the underlying security and
the securities that make up the S&P 500 Index; (3) options reporting
requirements; and (4) financial requirements imposed by MIAX Options
and the Commission.
    The Exchange notes that it is not aware of any problems created by
the current SPY Pilot Program and does not foresee any problems with
the proposed extension. The Exchange has formally submitted a Report
for the SPY Pilot Program as part of this filing.\4\ In addition, the
Exchange represents that if it chooses to extend or seek permanent
approval of the SPY Pilot Program, the Exchange will submit another SPY
Pilot Program Report at least thirty (30) days prior to the expiration
of the extended SPY Pilot Program time period which would cover the
period between reports. The SPY Pilot Program Report will compare the
impact of the pilot program, if any, on the volumes of SPY options and
the volatility in the price of the underlying SPY contract,
particularly at expiration. The SPY Pilot Program Report will also
detail the size and different types of strategies employed with respect
to positions established in SPY options; note whether any problems, in
the underlying SPY ETF or otherwise, arose as a result of the no-limit
approach; and include any other information that may be useful in
evaluating the effectiveness of the SPY Pilot Program. In preparing the
Pilot Report, the Exchange will utilize various data elements such as
volume and open interest. In addition the Exchange would make available
to Commission staff data elements relating to the effectiveness of the
SPY Pilot Program.
---------------------------------------------------------------------------

    \4\ See Exhibit 3 attached hereto [sic].
---------------------------------------------------------------------------

    The Exchange proposes to extend the SPY Pilot Program in order for
the Exchange and the Commission to have additional time to evaluate the
Pilot and its effect on the market and to determine whether to seek
permanent approval. Prior to the expiration of the SPY Pilot Program
and based upon the findings of the SPY Pilot Program Report, the
Exchange will be able to either extend the SPY Pilot Program, adopt the
SPY Pilot Program on a permanent basis, or terminate the SPY Pilot
Program. If the SPY Pilot Program is not extended or adopted on a
permanent basis by the expiration of the extended SPY Pilot Program,
the position limits for options overlying SPY would revert to limits in
effect prior to the commencement of the SPY Pilot Program.

2. Statutory Basis
    MIAX believes that its proposed rule change is consistent with
Section 6(b) of the Act \5\ in general, and furthers the objectives of
Section 6(b)(5) of the Act \6\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanisms of a
free and open market and a national market system and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

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

    Specifically, the Exchange believes that extending the SPY Pilot
Program promotes just and equitable principles of trade by permitting
market participants, including market makers, institutional investors
and retail investors, to establish greater positions when pursuing
their investment goals and needs. The Exchange believes that the
elimination of position limits for SPY options would not increase
market volatility or facilitate the ability to manipulate the market.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended. The
proposed rule change is not designed to address any aspect of
competition, whether between the Exchange and its competitors, or among
market participants. Instead, the proposed rule change is designed to
allow the SPY Pilot Program to continue as the Exchange believes other
competing options exchanges will also extend the SPY Pilot Program for
another year.

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

    Written comments were neither solicited nor received.

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

    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 and Rule 19b-
4(f)(6) thereunder.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the 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.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \8\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \9\ 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. The
Exchange stated that waiver of the operative delay would allow the SPY
Pilot Program to continue uninterrupted at the Exchange. The Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest. Therefore, the
Commission hereby waives the operative delay and designates the
proposed rule change operative upon filing.\10\
---------------------------------------------------------------------------

    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ 17 CFR 240.19b-4(f)(6)(iii).
    \10\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

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

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-MIAX-2017-30 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MIAX-2017-30. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site 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 such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-MIAX-2017-30, and should be
submitted on or before July 21, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-13705 Filed 6-29-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)]
[Rules and Regulations]
[Pages 40692-40694]
[FR Doc No: 2017-18107]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0296; Airspace Docket No. 17-ACE-7]

Amendment of Class E Airspace; Oskaloosa, IA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Class E airspace extending upward from
700 feet above the surface at Oskaloosa Municipal Airport, Oskaloosa,
IA, to accommodate new standard instrument approach procedures for
instrument flight rules (IFR) operations at the airport. This action is
necessary due to the decommissioning of the Oskaloosa non directional
radio beacon (NDB), and cancellation of the NDB approach procedure, and
enhances the safety and management of IFR operations at the airport.

DATES: Effective 0901 UTC, December 7, 2017. The Director of the
Federal Register approves this incorporation by reference action under
Title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11A, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11A at NARA, call<PHONE_NUMBER>, or go
to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Walter Tweedy, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. 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 amends Class E airspace extending upward from 700 feet above the
surface at Oskaloosa Municipal Airport, Oskaloosa, IA, to support IFR
operations in standard instrument approach procedures at the airport.

History

    The FAA published in the Federal Register (82 FR 24271, May 26,
2017) Docket No. FAA-2017-0296 a notice of proposed rulemaking (NPRM)
to modify Class E airspace extending upward from 700 feet above the
surface at Oskaloosa Municipal Airport, Oskaloosa, IA. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11A, dated August 3, 2016, and effective September 15,
2016, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11A, Airspace Designations and
Reporting Points, dated August 3, 2016, and effective September 15,
2016. FAA Order 7400.11A is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11A lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71 amends Class E airspace extending upward from 700 feet above
the surface within a 6.4-mile radius of Oskaloosa Municipal Airport,
Oskaloosa, IA, to accommodate new standard instrument approach
procedures for IFR operations at the airport. The segment within 2.6
miles each side of the 018[deg] bearing from the Oskaloosa NDB
extending from the 6.4-mile radius to 7 miles north of the NDB is
removed due to the decommissioning of the NDB and cancellation of the
NDB approach procedure. This action enhances the safety and management
of the standard instrument approach procedures for IFR operations at
the airport.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. 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.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 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 14 CFR 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 7400.11A,
Airspace Designations and Reporting Points, dated August 3, 2016, and
effective September 15, 2016, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ACE IA E5 Oskaloosa, IA [Amended]

Oskaloosa Municipal Airport, IA
    (Lat. 41[deg]13'34'' N., long 92[deg]29'38'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Oskaloosa Municipal Airport, excluding
that airspace within the Ottumwa, IA Class E airspace area.

    Issued in Fort Worth, Texas, on August 18, 2017.
Christopher L. Southerland,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2017-18107 Filed 8-25-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 100 (Friday, May 22, 2020)]
[Notices]
[Pages 31182-31183]
[FR Doc No: 2020-11069]

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

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9050-9]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EIS)
Filed May 11, 2020, 10 a.m. EST Through May 18, 2020, 10 a.m. EST
Pursuant to 40 CFR 1506.9.

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

EIS No. 20200106, Draft, BR, ND, Eastern North Dakota Alternate Water
Supply, Comment Period Ends: 07/06/2020, Contact: Damien Reinhart 701-
221-1275.
EIS No. 20200107, Final, USFWS, CA, Placer County Conservation Program
Final Environmental Impact Statement/Environmental Impact Report,
Review Period Ends: 06/22/2020, Contact: Stephanie Jentsch 916-414-
6600.

EIS No. 20200108, Final, BLM, ID, Blackrock Land Exchange Final
Environmental Impact Statement, Review Period Ends: 07/21/2020,
Contact: Bryce Anderson<PHONE_NUMBER>. Amended Notice:
EIS No. 20200091, Draft, CHSRA, CA, San Jose to Merced Project Section
Draft Environmental Impact Report/Environmental Impact Statement,
Comment Period Ends: 06/23/2020, Contact: Dan McKell<PHONE_NUMBER>.
Revision to FR Notice Published 4/24/2020; Extending the Comment Period
from 6/08/2020 to 6/23/2020.
EIS No. 20200099, Final, APHIS, PRO, Revisions to USDA-APHIS 7 CFR part
340 Regulations Governing the Importation, Interstate Movement, and
Environmental Release of Certain Genetically Engineered Organisms,
Review Period Ends: 06/22/2020, Contact: Cindy Eck<PHONE_NUMBER>.
Revision to FR Notice Published 5/08/2020; Extending the Comment Period
from 6/08/2020 to 6/22/2020.

    Dated: May 18, 2020.
Cindy S. Barger,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2020-11069 Filed 5-21-20; 8:45 am]
BILLING CODE 6560-50-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on December 4, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST-2003-16568

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Joint Applicants:  TRANSPORTES AEROMAR, S.A. de C.V. and MEXICANA
AIRLINES

Date Filed: November 25, 2003.

Relief requested:  Statement of Authorization under 14 CFR Part 212 to
permit Transportes Aeromar (using small equipment, see below) to carry
Mexicana’s designator code on Transportes Aeromar’s scheduled
services operated between the Mexican coterminal points Mexico City/San
Luis Potosi and San Antonio, Texas, for an indefinite duration.

Applicant reprs:  Herbert A. Rosenthal (Aeromar),<PHONE_NUMBER> and
Charles F. Donley (Mexicana),<PHONE_NUMBER>

DOT analyst:  Allen F. Brown,<PHONE_NUMBER>

If renewal, date and citation of last action:  New authority.

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.
                                              Action date:  December 4,
2003

Effective dates of authority granted:  The authority is effective
December 4, 2003, for an indefinite duration.

Basis for approval:  United States-Mexico Air Transport Services
Agreement.

Remarks/Conditions:  In the conduct of these operations, Aeromar may
only use aircraft capable of carrying no more than 60 passengers and
having a maximum payload capacity of no more than 18,000 pounds (small
equipment).  The codeshare operations are subject to the following
conditions – a) The Statement of Authorization will remain in effect
only as long as (i) Aeromar and Mexicana continue to hold the necessary
underlying authority to operate the code-share services at issue, and
(ii) the code-share agreement providing for the code-share operations
remains in effect.  b) The subject foreign air carriers (Aeromar and
Mexicana) must promptly notify the Department (Office of International
Aviation) if the code-share agreement under which these code-share
services are operated is no longer in effect, or if the carriers decide
to cease operating all or any portion of the approved code-share
services.  (We expect this notification to be received within ten days
of such non-effectiveness or of such decision.  This notice should be
filed in Docket OST-2003-16568.)  c) The code-sharing operations
conducted under this authority must comply with 14 CFR Part 257 and with
any amendments to the Department’s regulations concerning code-share
arrangements that may be adopted.  Notwithstanding any provisions in the
contract between the subject air carriers, our approval here is
expressly conditioned upon the requirements that the subject foreign air
transportation be sold in the name of the carrier holding out the
service in computer reservation systems and elsewhere; that the carrier
selling such transportation (that is, the carrier shown on the ticket)
accept responsibility for the entirety of the code-share journey for all
obligations established in its contract of carriage with the passenger;
and that the passenger liability of the operating carrier be unaffected.
 d) The authority granted here is specifically conditioned so that the
subject foreign air carriers shall not give any force or effect to any
contractual provisions between themselves that are contrary to these
conditions.

Action taken by:   Paul L. Gretch, Director, Office of International
Aviation

________________________________________________________________________
______________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

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

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


[Federal Register Volume 79, Number 105 (Monday, June 2, 2014)]
[Notices]
[Pages 31319-31320]
[FR Doc No: 2014-12636]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL11-44-007]

Iberdrola Renewables, Inc., PacifiCorp, NextEra Energy Resources,
LLC, Invenergy Wind North America LLC, Horizon Wind Energy LLC, v.
Bonneville Power Administration; Notice of Compliance Filing

    Take notice that on May 23, 2014, the Bonneville Power
Administration (Bonneville) submitted a compliance filing in response
to the Federal Energy Regulatory Commission's (Commission) Orders
issued on December 20, 2012 \1\ and February 19, 2013.\2\
---------------------------------------------------------------------------

    \1\ Iberdrola Renewables, Inc., et al. v. Bonneville Power
Administration, 141 FERC ] 61,234 (2012).
    \2\ Iberdrola Renewables, Inc., et al. v. Bonneville Power
Administration, 142 FERC ] 61,116 (2013).
---------------------------------------------------------------------------

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on June 13, 2014.

    Dated: May 23, 2014.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2014-12636 Filed 5-30-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 6, 2008 (Volume 73, Number 88)]
[Proposed Rules]
[Page 24899-24901]
[DOCID:fr06my08-26]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0326]
RIN 1625-AA00

Safety Zone; Rochester Harborfest, Lake Ontario at the Genesee
River, Rochester, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes establishment of a safety zone for a
fireworks event in the Captain of the Port Buffalo zone. This proposed
rule is intended to restrict vessels from portions of water and shore
areas during events that pose a hazard to public safety. The safety
zone established by this proposed rule is necessary to protect
spectators, participants, and vessels from the hazards associated with
fireworks displays.

DATES: Comments and related materials must reach the Coast Guard on or
before June 5, 2008.

ADDRESSES: You may mail comments and related material to Commander,
U.S. Coast Guard Sector Buffalo, 1 Fuhrmann Boulevard, Buffalo, NY
14203. Sector Buffalo Prevention Department maintains the public docket
for this rulemaking. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at Coast Guard Sector Buffalo between 8 a.m. and
3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have further questions on this
rule, contact Lieutenant Tracy Wirth, U.S. Coast Guard Sector Buffalo,
at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [USCG-2008-
0326], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commander, Coast Guard Sector
Buffalo at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Background and Purpose

    This temporary safety zone is necessary to ensure the safety of
vessels and spectators from hazards associated with a fireworks
display. Based on accidents that have occurred in other Captain of the
Port zones, and the explosive hazards of fireworks, the Captain of the
Port Buffalo has determined fireworks launches in close proximity to
watercraft pose significant risk to public safety and property. The
likely combination of large numbers of recreation vessels, congested
waterways, darkness punctuated by bright flashes of light, alcohol use,
and debris falling into the water could easily result in serious
injuries or fatalities. Establishing a safety zone to control vessel
movement around the location of the launch platform will help ensure
the safety of persons and property at these events and help minimize
the associated risks.

Discussion of Proposed Rule

    The proposed rule is necessary to ensure the safety of vessels and
people during the Rochester Harborfest Fireworks. The proposed safety
zone is described in subparagraphs (1) of this regulation. The proposed
safety zone will be enforced only immediately before and during the
event which poses hazard to the public and only upon notice by the
Captain of the Port. The Captain of the Port Buffalo will cause notice
of enforcement of the safety zone established by this section to be
made by all appropriate means to the affected segments of the public
including publication in the Federal Register in accordance with 33 CFR
165.7(a). Such means of notification may also include, but are not
limited to, Broadcast Notice to Mariners or Local Notice to Mariners.
The Captain of the Port will issue a Broadcast Notice to Mariners
notifying the public when enforcement of the safety zone established by
this section is suspended.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
    The Coast Guard's use of this safety zone will be of short duration
and designed to minimize the impact on navigable waters. This safety
zone will only be enforced immediately before and during the time the
event occurs. Furthermore, this safety zone has been designed to allow
vessels to transit unrestricted to portions of the waterway not
affected by the safety zone. The Coast Guard expects insignificant
adverse impact to mariners from the activation of this safety zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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.
    This proposed rule would affect the following entities, some of
which might be small entities: the owners of operators of vessels
intending to transit or anchor in the area designated as the safety
zone in subparagraph (1) during the date and time the safety zone is
being enforced. This safety zone would not have a significant economic
impact on a substantial number of small entities for the following
reasons. The safety zone in this proposed rule will be in effect only
for a short period of time. The safety zone has been designed to allow
traffic to pass safely around the zone whenever possible and vessels
will be allowed to pass through the zone with the permission of the
Captain of the Port.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LT Tracy Wirth,
Prevention Department, Coast Guard Sector Buffalo, Buffalo, NY at (716)
843-9573. 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.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

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 or more in any
one year.

Though this proposed rule will not result in such expenditure, we do
discuss the effects of this proposed rule elsewhere in this preamble.

Taking of Private Property

    This proposed rule will not effect the taking of private property
or otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
does not create an environmental risk to health or risk to safety that
may disproportionately affect children.

Indian Tribal Governments

    The Coast Guard recognizes the treaty rights of Native American
Tribes. Moreover, the Coast Guard is committed to working with Tribal
Governments to implement local policies and to mitigate tribal
concerns. We have determined that these special local regulations and
fishing rights protection need not be incompatible. We have also
determined that this Proposed 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.
Nevertheless, Indian Tribes that have questions concerning the
provisions of this Proposed Rule or options for compliance are
encouraged to contact the point of contact listed under FOR FURTHER
INFORMATION CONTACT.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is not likely to
have a significant impact on the human environment. A preliminary
``Environmental Analysis Check List'' 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 the
proposed rule.

List of Subjects in 33 CFR Part 165

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

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

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

    2. Add Sec.  165.T09-005 to read as follows:

Sec.  165.T09-005  Safety Zone; Rochester Harborfest, Lake Ontario at
the Genesee River, Rochester, NY.

    (a) Location. The following area is a temporary safety zone: All
waters of Lake Ontario at Genesee River, Rochester, NY within a five
hundred foot radius of position 43[deg]15[min]21[sec] N,
077[deg]36[min]19[sec] W. [DATUM: NAD 83]. Located on the Ontario Beach
West pier.
    (b) Effective Period. This regulation is effective from 9:30 p.m.
to 10 p.m. on June 21, 2008.
    (c) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
    (2) All persons and vessels must comply with the instructions of
the Coast Guard Captain of the Port or the designated on scene patrol
personnel. Coast Guard patrol personnel include commissioned, warrant,
and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S.
Coast Guard vessel via siren, radio, flashing light, or other means,
the operator shall proceed as directed.
    (3) Commercial vessels may request permission from the Captain of
the Port Buffalo to transit the safety zone. Approval will be made on a
case-by-case basis. Requests must be made in advance and approved by
the Captain of the Port before transits will be authorized. The Captain
of the Port may be contacted via U.S. Coast Guard Sector Buffalo on
Channel 16, VHF-FM.

    Dated: April 14, 2008.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. E8-10001 Filed 5-5-08; 8:45 am]

BILLING CODE 4910-15-P