[Federal Register: September 14, 2007 (Volume 72, Number 178)]
[Proposed Rules]
[Page 52534-52536]
[DOCID:fr14se07-19]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. CGD05-07-088]
RIN 1625-AA00

Safety Zone: Holiday Flotilla Fireworks Display, Motts Channel/
Banks Channel, Wrightsville Beach, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes the establishment of a 1000 foot
safety zone around a fireworks display for the North Carolina Holiday
Flotilla occurring on November 24, 2007, in the vicinity of Motts
Channel/Banks Channel and Wrightsville Beach, NC. This action is
intended to restrict vessel traffic on Motts Channel. This safety zone
is necessary to protect mariners from the hazards associated with
fireworks displays.

DATES: Comments and related material must reach the Coast Guard on or
before October 10, 2007.

ADDRESSES: You may mail comments and related material to Commander,
Sector North Carolina, 2301 East Fort Macon Road, Atlantic Beach, NC
28512. Sector North Carolina 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 the Federal Building Fifth Coast Guard District between 9
a.m. and 2 p.m., Monday through Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: MSTC Todd C. Mann, Marine
Environmental Response Branch, Coast Guard Marine Safety Unit,
Wilmington, North Carolina 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 CGD05-07-
088, 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, Sector North Carolina 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

    On November 24, 2007, the North Carolina Holiday Flotilla fireworks
display will be held adjacent to Motts Channel/Banks Channel,
Wrightsville Beach, NC. Spectators will be observing from both the
shore and from vessels. Due to the need of protection of mariners and
spectators from the hazards associated with the fireworks display,
vessel traffic will be temporarily restricted.

Discussion of Proposed Rule

    The Coast Guard is establishing a safety zone on specified waters
of Motts Channel. The regulated area will consist of a 1000 foot safety
zone around Bird Island position 34-12-42N 077-48-26W south of the
Seapath Yacht Club, Wrightsville Beach, NC. The safety zone will be
enforced from 6 p.m. to 8 p.m. on November 24, 2007. General navigation
in the safety zone will be restricted during the event. Except for
participants and vessels authorized by the Coast Guard Patrol
Commander, no person or vessel may enter or remain in the regulated
area.

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 under the regulatory policies
and procedures of DHS is unnecessary.
    Although this regulation restricts access to the regulated area,
the effect of this rule will not be significant because: (i) The COTP
may authorize access to the safety zone; (ii) the safety zone will be
in effect for a limited duration; and (iii) the Coast Guard will make
notifications via maritime advisories so mariners can adjust their
plans accordingly.

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 rule will affect the following entities, some of which may be
small entities: The owners and operators of vessels intending to
transit or anchor in that portion of Motts Channel/Banks Channel from 6
p.m. to 8 p.m. on November 24, 2007. The safety zone

will not have a significant impact on a substantial number of small
entities, because the zone will only be in place for a few hours and
maritime advisories will be issued, so the mariners can adjust their
plans accordingly. 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.

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
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact MSTC Todd C. Mann, Marine
Environmental Response Branch, Coast Guard Marine Safety Unit
Wilmington, North Carolina at<PHONE_NUMBER>.
    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 proposed rule would call 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 would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.

Taking of Private Property

    This proposed rule would not effect a 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 rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

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 and Department of Homeland Security Management Directive
5100.1, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination that there are no factors in this case
that would limit the use of a categorical exclusion under section 2.B.2
of the Instruction. Therefore, we believe that this rule should be
categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation.
    A preliminary ``Environmental Analysis Check List'' is available in
the docket where indicated under ADDRESSES. Comments on this section
will be considered before we make a final decision on whether to
categorically exclude this rule from further environmental review.

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 subpart C 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 temporary Sec.  165.T05-088, to read as follows:

Sec.  165.T05-088  Safety Zone: Motts Channel/Banks Channel,
Wrightsville Beach, North Carolina.

    (a) Location. The following area is a safety zone: All waters of
Motts

Channel/Banks Channel within 1000 feet of Bird Island at Wrightsville
Beach, NC, approximate position 34-12-42N 077-48-26W in the Captain of
the Port Sector North Carolina zone as defined in 33 CFR 3.25-20.
    (b) Definition: Captain of the Port: means any U.S. Coast Guard
commissioned, warrant or petty officer who has been authorized by the
Captain of the Port, Sector North Carolina to act on his behalf.
    (c) Regulation: (1) In accordance with the general regulations in
165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Sector North Carolina, or
designated representative.
    (2) The operator of any vessel in the immediate vicinity of this
safety zone shall: (i) Stop the vessel immediately upon being directed
to do so by any commissioned, warrant or petty officer on board a
vessel displaying a U.S. Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant or petty
officer on board a vessel displaying a U.S. Coast Guard Ensign.
    (3) The Captain of the Port, Sector North Carolina can be contacted
at telephone number<PHONE_NUMBER> or<PHONE_NUMBER>.
    (4) Coast Guard vessels enforcing the safety zone can be contacted
on VHF-FM marine band radio, channel 13 (156.65 MHz) and channel 16
(156.8 MHz).
    (d) Enforcement period: This regulation will be enforced from 6
p.m. to 8 p.m. on November 24, 2007.

    Dated: September 4, 2007.
William D. Lee,
Captain, U.S. Coast Guard, Sector North Carolina.
[FR Doc. E7-18138 Filed 9-13-07; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 84, Number 44 (Wednesday, March 6, 2019)]
[Notices]
[Pages 8141-8146]
[FR Doc No: 2019-03992]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85223; File No. SR-MSRB-2019-05]

Self-Regulatory Organizations; Municipal Securities Rulemaking
Board; Notice of Filing and Immediate Effectiveness of a Proposed Rule
Change To Amend Rule G-21, on Advertising by Brokers, Dealers and
Municipal Securities Dealers, Rule G-40, on Advertising by Municipal
Advisors, and Rule G-8, on Books and Records

February 28, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on February 26, 2019 the Municipal Securities Rulemaking Board
(``MSRB'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the MSRB. 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

    The MSRB filed with the Commission a proposed rule change (the
``proposed rule change'') to amend MSRB Rule G-21, on advertising by
brokers, dealers and municipal securities dealers, (``proposed amended
Rule G-21'') and MSRB Rule G-40, on advertising by municipal advisors,
(``proposed amended Rule G-40'') to exempt interactive content that is
an advertisement and that would be posted or disseminated on an
interactive electronic forum from the requirement that a municipal
securities principal, a general securities principal, or a municipal
advisor principal approve that advertisement prior to first use. The
proposed rule change would also make a technical amendment to Rule G-8,
on books and records to be made by brokers, dealers, and municipal
securities dealers and municipal advisors (``proposed amended Rule G-
8''). The proposed rule change has been filed for immediate
effectiveness under Section 19(b)(3)(A) of the Exchange Act \3\ and
Rule 19b-4(f)(6) thereunder.\4\ The effective date of the amendments to
Rule G-21 and Rule G-40 will be announced in an MSRB Notice to be
published on the MSRB's website following the effectiveness of this
proposed rule change. To provide brokers, dealers, municipal securities
dealers and municipal advisors (collectively, ``regulated entities'')
with sufficient time to develop supervisory and compliance policies and
procedures, the effective date to be announced will be no less than 30
days and no more than 180 days following publication of the MSRB
Notice.\5\ However, proposed amended Rule G-8 will become operative 30
days after the date of filing.
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    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
    \5\ See Exchange Act Release No. 83177 (May 7, 2018), 83 FR
21794 (May 10, 2018) (File No. SR-MSRB-2018-01). The amendments to
Rule G-21 and new Rule G-40 were to become effective on February 7,
2019. However, to provide the industry with sufficient time to
establish supervisory and compliance policies and procedures, the
MSRB filed with the SEC for immediate effectiveness an extension of
that effective date. The new effective date of the amendments to
Rule G-21 and new Rule G-40 will be announced in an MSRB Notice to
be published on the MSRB's website. See File No. SR-MSRB-2019-01.
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    The text of the proposed rule change is available on the MSRB's
website at www.msrb.org/Rules-and-Interpretations/SEC-Filings/2019-Filings.aspx, at the MSRB'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 MSRB 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 MSRB 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 proposed rule change would amend Rule G-21 and Rule G-40 (the
``advertising rules'') to exempt interactive content that is an
advertisement and that would be posted or disseminated on an
interactive electronic forum from the requirement that a municipal
securities principal, a general securities principal, or a municipal
advisor principal approve that advertisement prior to first use. The
proposed rule change also would make a technical amendment to Rule G-8.
Background
Interactive and Static Content
    During the development of the recent amendments to Rule G-21 and
new Rule G-40, the MSRB received requests for guidance regarding the
applicability of those rules to the use of social media by brokers,
dealers, and municipal securities dealers (collectively, ``dealers'')
and municipal advisors in connection with their municipal securities
activities and municipal advisory activities. The MSRB committed to
providing that guidance \6\ before the effective date of the

amendments to the advertising rules,\7\ and developed draft guidance
regarding the use of social media in the format of frequently asked
questions (the ``FAQs'').\8\
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    \6\ Letter from Pamela K. Ellis, Associate General Counsel,
Municipal Securities Rulemaking Board, dated April 30, 2018,
available at http://msrb.org/~/media/Files/SEC-Filings/2018/MSRB-
2018-01%20MSRB%20Letter%20to%20SEC.ashx?.
    \7\ Exchange Act Release No. 83177 (May 7, 2018), 83 FR 21794
(May 10, 2018) (File No. SR-MSRB-2018-01).
    \8\ Concurrent with the submission of this proposed rule change,
the MSRB filed the FAQs with the SEC for immediate effectiveness.
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    To receive the benefit of the expertise and experience of market
stakeholders, the MSRB requested comment on the draft FAQs.\9\ In
response, commenters requested \10\ that the MSRB adopt the concepts of
interactive and static content posted or disseminated in an interactive
electronic forum, including the corresponding exemption from the
requirement of principal preapproval of interactive content, as
provided in connection with FINRA Rule 2210 \11\ and the amendments
thereto.\12\ Commenters submitted that such guidance would facilitate
the use of social media by regulated entities in their municipal
securities activities and municipal advisory activities.\13\ The
proposed rule change is responsive to those requests.
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    \9\ MSRB Notice 2018-19 (Aug. 14. 2018) (the ``request for
comment'').
    \10\ Letter from Mike Nicholas, Chief Executive Officer, Bond
Dealers of America, dated September 14, 2018 (``BDA''); Letter from
Susan Gaffney, Executive Director, National Association of Municipal
Advisors, dated September 17, 2018 at 4-5 (``NAMA''); Letter from
Leslie M. Norwood, Managing Director and Associate General Counsel,
Securities Industry and Financial Markets Association, dated
September 14, 2018 at 2 (``SIFMA''); and Letter from Robert J.
McCarthy, Director, Regulatory Policy, Wells Fargo Advisors, dated
September 14, 2018 at 4 (``Wells Fargo'') available at http://www.msrb.org/Rules-and-Interpretations/Regulatory-Notices/2018/2018-19.aspx?c=1.
    \11\ See, e.g., FINRA Rule 2210(b)(1)(D)(ii); FINRA Regulatory
Notice 17-18 (Apr. 2017) at 1; and FINRA Regulatory Notice 11-39
(Aug. 2011) at 2. The references to FINRA materials set forth in
this filing are identified for reference, and such reference is not
intended to suggest that regulated entities that are not subject to
the guidance issued by FINRA are responsible for compliance with
that guidance. In addition, the MSRB does not intend for the
guidance provided by this filing to modify or otherwise affect the
guidance contained in any of the referenced materials published by
FINRA.
    \12\ Previously, FINRA Rule 2210, FINRA's rule for
communications with the public, provided that the definition of a
``public appearance'' included an unscripted participation in an
interactive electronic forum (e.g., a non-static real-time
communication); nevertheless, such a ``public appearance'' did not
require a registered principal to approve in advance the remarks
made in that interactive electronic forum. However, those remarks
would have to be supervised under National Association of Securities
Dealers (NASD) Rule 3010. See FINRA Regulatory Notice 10-06 (Jan.
2010) at 4.
    Effective in February 2013, FINRA amended FINRA Rule 2210 (the
``2013 FINRA Rule 2210 amendments''). See FINRA Regulatory Notice
12-29 (Jun. 2012). The 2013 FINRA Rule 2210 amendments amended FINRA
Rule 2210 so that unscripted appearances in interactive electronic
forums now are considered retail communications. See FINRA Rule
2210(a)(5). Nevertheless, FINRA Rule 2210 provides that such retail
communications would not have to be approved by a registered
principal before their first use. However, under FINRA rules, those
retail communications must be supervised and reviewed in the same
manner as required for supervising and reviewing correspondence
under FINRA Rule 3110. See FINRA Rule 2210(b)(1)(D)(ii).
    \13\ BDA, NAMA at 4-5, SIFMA at 2, and Wells Fargo at 2-3.
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Technical Amendment to Rule G-8
    Rule G-27(e)(iii), on supervision, requires, in part, that each
dealer retain correspondence of municipal securities representatives
``relating to its municipal securities activities in accordance with
Rule[s] G-8(a)(xx).'' However, Rule G-8(a)(xx) omits a cross-reference
to the correspondence that is required by Rule G-27(e)(iii) to be
kept.\14\ The proposed rule change would make a technical amendment to
Rule G-8(a)(xx) to provide that cross-reference.
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    \14\ Rule G-8(a)(xx) provides that ``each broker, dealer and
municipal securities dealer shall maintain the records required
under G-27(c) and G-27(d).''
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Proposed Amended Rule G-21
    To facilitate municipal securities activities for dealers, as well
as to promote regulatory consistency with the advertising or
communications rules of other financial regulators, proposed amended
Rule G-21(g) would exempt interactive content that is an advertisement
and that is posted or disseminated in an interactive electronic forum
from the requirement for municipal securities principal or general
securities principal approval prior to first use as set forth in
proposed amended Rule G-21(f). However, such interactive content would
be subject to the other requirements, as relevant, of proposed amended
Rule G-21.
    Interactive content refers to content that is posted or
disseminated for direct real-time interaction with the audience.
Examples of interactive content include, but are not limited to, chats
and messaging.\15\ Interactive content, however, may become static
content under certain circumstances, such as when interactive content
is copied and then posted in a static forum.\16\
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    \15\ See FINRA Regulatory Notice 10-06 (Jan. 2010) at 4-5
(discussing interactive electronic content that allows for non-
static real-time communications). The proposed rule change is
aligned with FINRA's guidance in this area.
    \16\ See FINRA Regulatory Notice 11-39 (Aug. 2011) at 5
(providing that interactive content could become static if the
interactive content was copied and posted in a static forum). The
proposed rule change is aligned with FINRA's guidance in this area.
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    Static content, by contrast, is content that is posted or
disseminated to an audience that does not include direct real-time
interaction with that audience.\17\ An example of static content
includes, but is not be limited to, social media posts.\18\ Consistent
with other types of advertisements, static content that is an
advertisement would be subject to all applicable provisions of proposed
amended Rule G-21, including proposed amended Rule G-21(f)'s
requirement for approval by a municipal securities principal or general
securities principal prior to first use.
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    \17\ See FINRA Regulatory Notice 10-06 (Jan. 2010) at 4-5
(providing that static content is content that remains posted until
it is changed by the firm or individual who established the
account). The proposed rule change is aligned with FINRA's guidance
in this area.
    \18\ Id.
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    Proposed amended Rule G-21(f) would no longer set forth the
recordkeeping requirement for advertisements. Instead, such requirement
would be set forth in proposed amended Rule G-21(h). By so doing,
proposed amended Rule G-21(h) would apply recordkeeping requirements to
all advertisements subject to proposed amended Rule G-21, including
advertisements that include static or interactive content that are
posted or disseminated in an interactive electronic forum.
    To address the supervision and review of interactive content,
proposed amended Rule G-21 would include Supplementary Material .04 (SM
.04). SM .04 would provide that notwithstanding Rule G-21(g), a dealer
must supervise and review interactive content in the same manner in
which that dealer supervises and reviews correspondence under Rule G-
27(e), on review of correspondence.
Proposed Amended Rule G-40
    To facilitate municipal advisory activities for municipal advisors,
as well as to promote regulatory consistency with the advertising or
communications rules of other financial regulators, proposed amended
Rule G-40(d), similar to proposed amended Rule G-21, would exempt
interactive content that is an advertisement and that is posted or
disseminated in an interactive electronic forum from the requirement
for municipal advisor principal approval prior to first use as set
forth in proposed amended Rule G-40(c). However, such interactive
content would be subject to the other requirements, as relevant, of
proposed amended Rule G-40.
    Interactive content refers to content that is posted or
disseminated for direct real-time interaction with the audience.

Examples of interactive content include, but are not limited to, chats
and messaging.\19\ Interactive content, however, may become static
content, under certain circumstances, such as when interactive content
is copied and then posted in a static forum.\20\
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    \19\ See note 15.
    \20\ See note 16.
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    Static content, by contrast, is content that is posted or
disseminated to an audience that does not include direct interaction
with that audience.\21\ An example of static content includes, but is
not limited to, social media posts.\22\ Consistent with other types of
advertisements, static content that is an advertisement would be
subject to all applicable provisions of proposed amended Rule G-40,
including proposed amended Rule G-40(c)'s requirement for approval by a
municipal advisor principal prior to first use.
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    \21\ See note 17.
    \22\ Id.
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    Proposed amended Rule G-40(c) would no longer set forth the
recordkeeping requirement for advertisements. Instead, such requirement
would be set forth in proposed amended Rule G-40(e). By so doing,
proposed amended Rule G-40(e) would apply recordkeeping requirements to
all advertisements subject to proposed amended Rule G-40, including
advertisements that include static or interactive content that are
posted or disseminated in an interactive electronic forum.
    To address the potential need to supervise and review interactive
content, proposed amended Rule G-40 would include Supplementary
Material .02 (SM .02). SM .02 would provide that notwithstanding Rule
G-40(d), each municipal advisor shall establish, implement, and
maintain a system to supervise the municipal advisory activities of the
municipal advisor and its associated persons, including any municipal
advisory activities conducted through an interactive electronic forum
that involve interactive content, that is reasonably designed to
achieve compliance with applicable securities laws and regulations,
including applicable Board rules as set forth in Rule G-44(a), on
supervisory system.
Interactive Content and FINRA Rule 2210
    Commenters requested, as noted above, that the MSRB address
interactive content similar to how such content is addressed by FINRA,
and proposed amended Rules G-21 and Rule G-40 are responsive to those
requests. FINRA addresses interactive content in its communications
rule, FINRA Rule 2210, and the structure of proposed amended Rules G-21
and G-40 is consistent with that rule. FINRA Rule 2210:
     Exempts interactive content in retail communications
posted on an online interactive electronic forum from the requirement
of approval by a principal prior to first use; \23\
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    \23\ See FINRA Rule 2210(b)(1)(D).
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     requires that such interactive content (retail
communications posted on an online interactive electronic forum) be
supervised and reviewed in the same manner as correspondence under
FINRA's supervision rule, Rule 3110; \24\ and
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    \24\ Id.
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     requires that records be kept regarding those retail
communications posted on an online interactive electronic forum.\25\
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    \25\ See FINRA Rule 2210(b)(4).
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    Proposed amended Rules G-21 and G-40, as FINRA Rule 2210, would:
     Exempt interactive content that is an advertisement and
that is posted or disseminated in an interactive electronic forum from
the requirement of principal approval prior to first use; \26\
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    \26\ Proposed amended Rule G-21(g); proposed amended Rule G-
40(d).
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     require that records be kept relating to that interactive
content; \27\and
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    \27\ Proposed amended Rule G-21(h); proposed amended Rule G-
40(e).
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     address the supervision and review of interactive content
under applicable MSRB supervisory rules.
    Specifically, for dealers, Rule G-27(e) requires that a dealer
establish procedures for the review by a designated principal of
incoming and outgoing written and electronic correspondence of its
municipal securities representatives with the public relating to the
municipal securities activities of the dealer. Consistent with FINRA
Rule 2210(b)(1)(D), SM .04 would provide that a dealer must supervise
and review interactive content in the same manner in which that broker,
dealer, or municipal securities dealer supervises and reviews
correspondence under Rule G-27(e), on review of correspondence.
    For municipal advisors, Rule G-44(a) requires that the municipal
advisor establish and implement a supervisory system to supervise the
municipal advisory activities of the municipal advisor and its
associated persons that is reasonably designed to achieve compliance
with applicable securities laws and regulations and Board rules.
However, Rule G-44, unlike Rule G-21, does not have a specific element
that addresses the supervision of correspondence. As the MSRB has
recognized previously, the approach taken to Rule G-44 differs from the
approach taken to Rule G-27.\28\ Rule G-27 reflects evolving broker-
dealer industry practices and many of Rule G-27's more prescriptive
elements reflect the fact that many dealers, unlike municipal advisors,
hold customer funds and securities for safekeeping.\29\ Complete
parallelism between Rules G-44 and Rule G-27 is not possible given that
broker-dealers do not owe a fiduciary duty, and therefore, are subject
to different standards of conduct.\30\ Nevertheless, under Rule G-44,
depending on the municipal advisor's municipal advisory activities, a
municipal advisor's supervisory policies and procedures may include
policies and procedures regarding the supervision and review of
correspondence to achieve compliance with applicable securities laws
and regulations, including MSRB rules.
---------------------------------------------------------------------------

    \28\ See SR-MSRB-2014-06 (July 24, 2014).
    \29\ Id.
    \30\ Id.
---------------------------------------------------------------------------

    Consistent with FINRA Rule 2210(b)(1)(D) and to reflect that the
review of correspondence is generally conducted as a supervisory
control by a municipal advisor, SM .02 would provide each municipal
advisor, shall establish, implement, and maintain a system to supervise
the municipal advisory activities of the municipal advisor and its
associated persons, including any municipal advisory activities
conducted through an interactive electronic forum that involve
interactive content, that is reasonably designed to achieve compliance
with applicable securities laws and regulations, including applicable
Board rules as set forth in Rule G-44(a), on supervisory system. Thus,
proposed amended Rules G-21 and G-40 and FINRA Rule 2210 would be
consistent, to the extent practicable, in how interactive content would
be addressed under their rules.
    Although proposed amended Rules G-21 and G-40 and FINRA Rule 2210
would address interactive content in a consistent manner, to the extent
practicable, given the nature of the MSRB's advertising rules and
FINRA's communications rule, there are differences between proposed
amended Rules G-21 and Rule G-40 and FINRA Rule 2210. Nevertheless,
those are not substantive differences in how interactive content would
be regulated.\31\
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    \31\ FINRA Rule 2210 divides communications into three
categories and depending on the communication's category, may
require that the communication be filed with FINRA either before or
within a set time of first use. By contrast, Rules G-21 and G-40 do
not require filing and review by the MSRB. The advertising rules
focus, in part, on the advertisement type and the content and the
standard of liability for that advertisement type.

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

2. Statutory Basis
    Section 15B(b)(2) of the Exchange Act \32\ provides that: [t]he
Board shall propose and adopt rules to effect the purposes of this
title with respect to transactions in municipal securities effected by
brokers, dealers, and municipal securities dealers and advice provided
to or on behalf of municipal entities or obligated persons by brokers,
dealers, municipal securities dealers, and municipal advisors with
respect to municipal financial products, the issuance of municipal
securities, and solicitations of municipal entities or obligated
persons undertaken by brokers, dealers, municipal securities dealers,
and municipal advisors.
---------------------------------------------------------------------------

    \32\ 15 U.S.C. 78o-4(b)(2).
---------------------------------------------------------------------------

    Section 15B(b)(2)(C) of the Exchange Act \33\ provides that the
MSRB's rules shall: be designed to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
to foster cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with respect to,
and facilitating transactions in municipal securities and municipal
financial products, to remove impediments to and perfect the mechanism
of a free and open market in municipal securities and municipal
financial products, and, in general, to protect investors, municipal
entities, obligated persons, and the public interest.
---------------------------------------------------------------------------

    \33\ 15 U.S.C. 78o-4(b)(2)(C).
---------------------------------------------------------------------------

    The MSRB believes that the proposed rule change is consistent with
Sections 15B(b)(2) \34\ and 15B(b)(2)(C) \35\ of the Exchange Act. The
proposed rule change would foster coordination with persons engaged in
regulating transactions in municipal securities.
---------------------------------------------------------------------------

    \34\ 15 U.S.C. 78o-4(b)(2).
    \35\ 15 U.S.C. 78o-4(b)(2)(C).
---------------------------------------------------------------------------

    The proposed rule change would amend the advertising rules to
exempt interactive content that is an advertisement and that would be
posted or disseminated in an interactive electronic forum from the
requirement that a municipal securities principal, a general securities
principal, or a municipal advisor principal, as applicable, approve
that content prior to first use. Nonetheless, the advertising rules
would continue to require that such interactive content comply with the
other provisions of the advertising rules, including the content
standards (and the requirement that advertisement not contain a false
or misleading statement) and recordkeeping requirements of those rules.
Thus, regulated entities would be able to provide such interactive
content though an interactive electronic forum on terms that would be
consistent with the regulations or guidance of FINRA, as noted under
``Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change,'' to the extent
practicable.\36\
---------------------------------------------------------------------------

    \36\ See e.g., FINRA Rule 2210(b)(1)(D)(ii).
---------------------------------------------------------------------------

    Because the MSRB has endeavored to make the proposed rule change
consistent with the communications rules and social media guidance
published by FINRA, to the extent practicable, FINRA staff should be
familiar with the standards for interactive content. In turn, that
familiarity should foster efficient examinations by FINRA of the MSRB-
regulated entities that FINRA is charged with examining. Further, a
regulated entity that is dually registered as a broker or dealer with
the SEC and/or is part of an organization that includes one or more
SEC-registered broker-dealers (as many regulated entities are) may be
able to more easily understand and develop consistent practices across
business lines and therefore promote compliance with the proposed rule
change. Nevertheless, a regulated entity that is dually registered with
the MSRB and with FINRA would be treated the same under the advertising
rules as a regulated entity that is registered with the MSRB and not
with FINRA. Thus, because the MSRB has endeavored to make the proposed
rule change consistent with the communications rules and social media
guidance of FINRA, the proposed rule change would help ensure that all
regulated entities are subject to consistent advertising regulation.
    In addition, the proposed rule change would remove a regulatory
impediment regarding the need for principal pre-approval of interactive
content in the advertising rules. Nonetheless, the advertising rules
still would require that such interactive content comply with the other
provisions of the advertising rules including the content standards and
recordkeeping requirements of those rules, and generally be subject to
the regulated entity's supervisory program. Accordingly, the proposed
rule change would continue to require a regulated entity to present a
fair statement of the services, products, or municipal securities or
municipal advisory services advertised, but would facilitate a method
of communication through an interactive electronic forum. Thus,
proposed amended Rules G-21 and G-40 would continue to protect
investors, municipal entities, obligated persons and the public
interest.\37\
---------------------------------------------------------------------------

    \37\ See SR-MSRB-2018-01 (Jan. 24, 2018).
---------------------------------------------------------------------------

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

    Section 15B(b)(2)(C) of the Exchange Act \38\ requires that MSRB
rules not be designed to impose any burden on competition not necessary
or appropriate in furtherance of the purposes of the Exchange Act. In
accordance with the MSRB's policy on the use of economic analysis, the
MSRB has reviewed the proposed rule change.\39\ Proposed amended Rules
G-21 and G-40 would specify that interactive content that contains an
advertisement and that is posted or disseminated in an interactive
electronic forum would not be required to be approved in writing by a
principal prior to first use, but still would be subject to
recordkeeping requirements and the supervisory requirements of Rule G-
27 or Rule G-44, as relevant. The MSRB believes the proposed amended
Rules G-21 and G-40 are necessary and appropriate to clarify the
requirements which would be consistent with the regulation and guidance
provided by other regulators.
---------------------------------------------------------------------------

    \38\ 15 U.S.C. 78o-4(b)(2)(C).
    \39\ Policy on the Use of Economic Analysis in MSRB Rulemaking,
available at http://msrb.org/Rules-and-Interpretations/Economic-Analysis-Policy.aspx. For those rule changes which the MSRB seeks
immediate effectiveness, the MSRB's policy on the use of economic
analysis limits its applications and focuses exclusively on the
burden of competition on regulated entities.
---------------------------------------------------------------------------

    The need for proposed amended Rules G-21 and G-40 arises from
MSRB's oversight of dealers' and municipal advisors' advertising
activities. Since financial service professionals, investors, issuers,
and other market participants are increasingly using interactive
electronic forums as a part of their social media activities, the MSRB
agrees with market participants that it is highly desirable to provide
regulatory consistency, to the extent practicable, with the
requirements associated with interactive and static content that
contains advertisements provided by other financial regulators.
Proposed amended Rules G-21 and G-40 are intended to reduce impediments
to the use of interactive content that is an advertisement.
    The MSRB has evaluated alternatives to proposed amended Rules G-21
and G-40. A reasonable regulatory

alternative is to subject interactive content posted or disseminated in
an interactive electronic forum that contains advertisements to the
same requirements as all other advertisements, including advertisements
that are posted or disseminated in static forums: namely, content that
is an advertisement would require approval in writing from a principal
prior to first use. However, the MSRB believes with increased
interactive content postings in the marketplace, this alternative is
not practical and is less preferable since this would not reflect
recent changes in the social media environment and could add
significant burden on dealers, municipal advisors and their associated
compliance professionals.
    A reasonable baseline for evaluating the proposed rule change are
the current requirements of Rule G-21 and Rule G-40. The main benefit
of proposed amended Rules G-21 and G-40 for dealers and municipal
advisors is the explicit elimination of the requirement of receiving
prior approval for interactive content that is an advertisement and
that will be posted or disseminated in an interactive electronic forum.
Proposed amended Rule G-21 should reduce the burden placed on dealers,
brokers and municipal securities dealers who presently must request
approval to post or disseminate interactive content that is an
advertisement on an interactive electronic forum. Proposed amended Rule
G-40 should also reduce the potential burden on municipal advisors that
otherwise would have to seek approval to distribute interactive
advertising content on an interactive electronic forum when Rule G-40
becomes effective.\40\
---------------------------------------------------------------------------

    \40\ Interactive content that contains an advertisement on
interactive electronic forums would be subject to the recordkeeping
requirements under Rule G-8 for both dealers and municipal advisors.
---------------------------------------------------------------------------

Effect on Competition, Efficiency and Capital Formation
    As noted under ``Statutory Basis,'' a regulated entity that is
dually registered with the MSRB and with FINRA would be treated the
same under the advertising rules as a regulated entity that is
registered with the MSRB and not with FINRA. Thus, because the MSRB has
endeavored to make the proposed rule change consistent with the
communications rules and social media guidance of FINRA, the proposed
rule change would help ensure that all regulated entities are subject
to consistent advertising regulation. That consistent regulation should
improve competition among regulated entities.
    In addition, the MSRB believes that proposed amended Rules G-21 and
G-40 would clarify that dealer and municipal advisor responsibility
regarding interactive content that is an advertisement and that is
posted or disseminated in an interactive electronic forum that is
consistent with the regulation and guidance provided by other
regulators, to the extent practicable. Since dealers and municipal
advisors would now be permitted to distribute advertisements on real-
time electronic forums without prior principal approval, it is probable
there would be a reduction in burden on dealers and an improvement in
their operation efficiency. At present, the MSRB is unable to
quantitatively evaluate the magnitude of the efficiency gains or the
reduction in burden, but proposed amended Rules G-21 and G-40 would
eliminate the requirement that a principal pre-approve interactive
content that is an advertisement and that would be posted or
disseminated in an interactive electronic forum, and therefore, should
improve operation efficiency and capital formation.
    Section 15B(b)(2)(L)(iv) of the Exchange Act \41\ provides that
MSRB rules may ``not impose a regulatory burden on small municipal
advisors that is not necessary or appropriate in the public interest
and for the protection of investors, municipal entities, and obligated
persons, provided that there is robust protection of investors against
fraud.'' The MSRB believes that proposed amended Rules G-21 and G-40
would not impose an unnecessary or inappropriate regulatory burden on
small regulated entities, as the potential reduced burden on dealers
and municipal advisors would be applicable to all regulated entities
and should be proportionate to each regulated entity's use of
interactive content that is an advertisement. The proposed rule change
therefore should not affect the competition.
---------------------------------------------------------------------------

    \41\ 15 U.S.C. 78o-4(b)(2)(L)(iv).
---------------------------------------------------------------------------

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 on the
proposed rule change. Nevertheless, as discussed under ``Self-
Regulatory Organization's Statement of the Purpose of, and Statutory
Basis for, the Proposed Rule Change,'' the proposed rule change was
undertaken in response to the comments that the MSRB received from its
request for comment on the draft FAQs.\42\
---------------------------------------------------------------------------

    \42\ See notes 6-13 and accompanying text.
---------------------------------------------------------------------------

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 \43\ and Rule 19b-
4(f)(6) thereunder.\44\
---------------------------------------------------------------------------

    \43\ 15 U.S.C. 78s(b)(3)(A).
    \44\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    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.

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-MSRB-2019-05 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MSRB-2019-05. 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 MSRB. 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-MSRB-2019-05 and should be
submitted on or before March 27, 2019.

    For the Commission, pursuant to delegated authority.\45\
---------------------------------------------------------------------------

    \45\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-03992 Filed 3-5-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 237 (Monday, December 12, 2022)]
[Rules and Regulations]
[Pages 75928-75930]
[FR Doc No: 2022-26921]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR 165

[Docket Number USCG-2022-0957]
RIN 1625-AA00

Safety Zone; Marina Del Rey New Year's Eve Fireworks Display,
Marina Del Rey, California

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone near
the South Jetty on Ballona Creek, Marina Del Rey, CA, for the duration
of the fireworks display on December 31, 2022. This temporary safety
zone is necessary to provide for the safety of the waterway users to
keep them clear of potential harmful debris within the fall out zone
during the fireworks display within Marina Del Rey, CA. Entry of
persons or vessels into this temporary safety zone is prohibited unless
specifically authorized by the Captain of the Port Sector Los Angeles--
Long Beach, or their designated representative.

DATES: This rule is effective from 8 p.m. on December 31, 2022, through
1 a.m. on January 1, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2022-0957 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 about this
proposed rulemaking, call or email the LCDR Maria Wiener, U.S. Coast
Guard Sector Los Angeles--Long Beach; telephone

(310) 521-3860, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
LLNR Light List Number
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. Publishing an NPRM would be impracticable
due to the timing of the event. We must establish this zone by December
31 to provide for safety of the public and would be impracticable to
publish an NPRM with a comment period and have sufficient time to
consider the comments before the scheduled event on December 31, 2022.
    For the reasons stated above, we are issuing this rule, and under 5
U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for
making it effective less than 30 days after publication in the Federal
Register. Delaying the effective date of this rule would be contrary to
the public interest because action is necessary to protect persons and
property from the dangers associated with the fireworks event on
December 31, 2022.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U. S. C.
70034. The Captain of the Port Sector Los Angeles--Long Beach (COTP)
has determined that potential hazards associated with navigation safety
may arise because the fireworks display creates potential for hazards
for any person or vessel within a 1,000-foot radius of the fireworks
launch site 15 minutes prior to, and for the duration of the fireworks
display. Potential hazards include accidental discharge of fireworks,
dangerous projectiles, and falling hot embers or other debris. This
temporary safety zone is necessary to ensure the safety of, and reduce
the risk to, the public, and mariners in Marina Del Rey, CA.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone on December 31, 2022,
encompassing all navigable waters within a 1,000-foot radius around the
fireworks display on the South Jetty of Ballona Creek, in vicinity of
Marina Del Rey, CA. Enforcement of the safety zone shall begin 15
minutes prior to the commencement of the fireworks display, and for the
duration of the fireworks display, expected to commence at 9 p.m., and
again at midnight. Each display is expected to last for approximately
30 minutes. These coordinates are based on North American Datum of
1983, World Geodetic System, 1984.
    No vessel or person is permitted to operate in the safety zone
without obtaining permission from the Captain of the Port (COTP) or the
COTP's designated representative. A designated representative is a
Coast Guard Patrol Commander, including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard designated by or
assisting the Captain of the Port Sector Los Angeles--Long Beach (COTP)
in the enforcement of the safety zone.
    They may be contacted on VHF-FM Channel 16 or<PHONE_NUMBER>. The
general boating public will be notified prior to the enforcement of the
temporary safety zone via Broadcast Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, 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, duration of the safety zone. Although this rule restricts
access to the waters encompassed by the safety zone, the duration of
the rule is only four hours and the local waterway users will be
notified via public Broadcast Notice to Mariners to ensure the safety
zone will result in minimum impact. Vessels should be able to transit
around the safety zone without interruption. The entities most likely
to be affected are waterfront facilities, commercial vessels, and
pleasure craft engaged in recreational activities.

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
5.A above, this rule will not have a significant economic impact on any
vessel owner or operator. Under section 213(a) of the Small Business
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want
to assist small entities in understanding this rule. If the rule would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the

Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Environmental Planning COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f) and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone in an area in the
vicinity of the South Jetty of Ballona Creek, Marina Del Rey, CA. Such
actions are categorically excluded from further review under paragraph
60(a) of Appendix A, Table 1 of the Department of Homeland Security
Directive 023-01-001-01, Rev. 01. An environmental analysis checklist
supporting this determination and Record of Environmental Consideration
(REC) are available in the docket where indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
0170.1., Revision No. 01.3

0
2. Add Sec.  165.T11-115 to read as follows:

Sec.  165. T11-115  Safety Zone; Marina Del Rey New Year's Eve
Fireworks Display; Marina Del Rey, California.

    (a) Location. The following area is a safety zone: all navigable
waters within a 1,000-foot radius around the fireworks display on the
South Jetty of Ballona Creek, in vicinity of Marina Del Rey, CA.
Enforcement of the safety zone shall begin 15 minutes prior to the
commencement of the fireworks display, and for the duration of the
fireworks display, expected to commence at 9 p.m., and then again at
midnight. Each display is expected to last approximately 30 minutes.
These coordinates are based on North American Datum of 1983, World
Geodetic System, 1984.
    (b) Definitions. For the purposes of this section:
    Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard designated by or assisting the Captain of the
Port Sector Los Angeles--Long Beach (COTP) in the enforcement of the
safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, hail Coast Guard Sector Los
Angeles--Long Beach on VHF-FM Channel 16 or call at<PHONE_NUMBER>.
Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
    (d) Enforcement period. This section will be enforced from 8 p.m.
on December 31, 2022, though 1 a.m. on January 1, 2023. The firework
display is scheduled to commence at 9 p.m. and then again at midnight.
This rule will be enforced 15 minutes prior to and for the duration of
the fireworks displays, which will be broadcasted via local Broadcast
Notice to Mariners in accordance with 33 CFR 165.7.

R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port Sector Los Angeles--Long
Beach.
[FR Doc. 2022-26921 Filed 12-9-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: March 17, 2009 (Volume 74, Number 50)]
[Notices]
[Page 11399-11400]
[DOCID:fr17mr09-81]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Fourth Plenary Meeting, NextGen Mid-Term Implementation Task
Force

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of NextGen Mid-Term Implementation Task Force meeting.

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

SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of the NextGen Mid-Term Implementation Task Force.

DATES: The meeting will be held May 12, 2009 starting at 9 a.m. to 12
p.m. Arrive in FAA Lobby at 8:30 a.m. for visitor check in.

ADDRESSES: FAA Auditorium, Federal Aviation Administration, 800
Independence Avenue, SW., Washington, DC 20591.

FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW.,
Suite 850, Washington, DC, 20036; telephone<PHONE_NUMBER>; fax (202)
833-9434; Web site http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (P.L. 92-463, 5

U.S.C., Appendix 2), notice is hereby given for a NextGen Mid-Term
Implementation Task Force meeting. The agenda will include:
     Opening Plenary (Welcome and Introductions).
     Work Group and Subgroup Status Reports and Planned
Activities.
     Discussion and Next Steps.
     Closing Plenary (Other Business, Document Production, Date
and Place of Next Meeting, Adjourn).
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairman, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on March 10, 2009.
Francisco Estrada C.,
RTCA Advisory Committee.
[FR Doc. E9-5666 Filed 3-16-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Notices]
[Pages 82380-82381]
[FR Doc No: 2010-32841]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER11-2449-000]

Connecticut Gas & Electric, Inc.; Supplemental Notice That
Initial Market-Based Rate Filing Includes Request for Blanket Section
204 Authorization

December 22, 2010.
    This is a supplemental notice in the above-referenced proceeding of
Connecticut Gas & Electric, Inc.'s application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is January 11, 2011.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission,

888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-32841 Filed 12-29-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Notices]
[Pages 6307-6308]
[FR Doc No: 2023-01904]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4490-DR; Docket ID FEMA-2023-0001]

Missouri; Amendment No. 9 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Missouri (FEMA-4490-DR), dated March 26, 2020, and
related determinations.

DATES: This change occurred on January 9, 2023.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Andrea
Spillars, of FEMA is appointed to act as the Federal Coordinating
Officer for this disaster.
    This action terminates the appointment of Kathy Fields as Federal
Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-01904 Filed 1-30-23; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 87, Number 113 (Monday, June 13, 2022)]
[Rules and Regulations]
[Pages 35675-35677]
[FR Doc No: 2022-12722]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 191

[Docket No. PHMSA-2011-0023; Amdt. No. 191-32]
RIN 2137-AF38

Pipeline Safety: Safety of Gas Gathering Pipelines: Extension of
Reporting Requirements, Regulation of Large, High-Pressure Lines, and
Other Related Amendments: Technical Corrections

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).

ACTION: Final rule; technical corrections.

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SUMMARY: PHMSA is issuing corrections of certain changes to incident
and annual reporting requirements for offshore gathering pipelines in
its November 15, 2021, final rule titled ``Safety of Gas Gathering
Pipelines: Extension of Reporting Requirements, Regulation of Large,
High-Pressure Lines, and Other Related Amendments.''

DATES: These corrections are June 13, 2022.

FOR FURTHER INFORMATION CONTACT:
    Technical questions: Steve Nanney, Senior Technical Advisor, by
telephone at<PHONE_NUMBER>.
    General information: Sayler Palabrica, Transportation Specialist,
by telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Corrections

    On November 15, 2021, PHMSA published a final rule titled ``Safety
of Gas Gathering Pipelines: Extension of Reporting Requirements,
Regulation of Large, High-Pressure Lines, and Other Related
Amendments'' \1\ (Final Rule) amending the Federal pipeline safety
regulations (49 CFR parts 190-199) to introduce, among other things,
incident and annual reporting requirements for previously unregulated
Types C and R onshore gas gathering pipelines. The preamble to the
Final Rule explicitly disclaimed amendment of then-existing part 191
reporting and part 192 safety requirements pertaining to offshore gas

gathering pipelines.\2\ The Final Rule became effective on May 16,
2022.
---------------------------------------------------------------------------

    \1\ 86 FR 63266 (``Final Rule''). PHMSA subsequently published
technical corrections of certain regulatory amendments in the Final
Rule (specifically, Sec. Sec.  191.23 and 192.8) not relevant here.
87 FR 26296 (May 4, 2022).
    \2\ See, e.g., 86 FR at 63266 (``The rule does not affect
offshore gas gathering pipelines.'') and 63268 (``The final rule
addresses reporting and safety requirements for onshore gas
gathering lines; offshore gas gathering lines are beyond the scope
of this rulemaking''.) (emphasis added).
---------------------------------------------------------------------------

    But, in amending then-existing regulatory language pertaining to
incident (Sec.  191.15) and annual (Sec.  191.17) reporting
requirements to provide that regulated onshore gas gathering pipelines
must submit annual and incident reports, PHMSA inadvertently omitted
language requiring offshore gas gathering pipelines to continue to
submit the same consistent with longstanding requirements. PHMSA is now
issuing corrections amending Sec. Sec.  191.15(a)(1) and 191.17(a)(1)
consistent with statements in the preamble to the Final Rule. PHMSA has
reviewed the current versions of each of DOT Forms PHMSA F 7100.2
(incident reporting), and PHMSA F 7100.2-1 (annual reporting), and
their respective instructions, and confirmed that each form continues
to reference offshore gathering lines and therefore no conforming
revisions to those forms will be necessary following codification of
the corrections in this notice.\3\
---------------------------------------------------------------------------

    \3\ The referenced forms are available on PHMSA's website at
https://www.phmsa.dot.gov/forms/operator-reports-submitted-phmsa-forms-and-instructions.
---------------------------------------------------------------------------

II. Regulatory Analyses and Notices

A. Statutory/Legal Authority

    Statutory authority for this notice's corrections to the Final
Rule, as with the Final Rule itself (whose discussion of statutory
authority at Section IV.A., 86 FR at 63290, is adopted herein by
reference), is provided by the Federal Pipeline Safety Act (49 U.S.C.
60101 et seq.). The Secretary delegated his authority under the Federal
Pipeline Safety Act to the PHMSA Administrator under 49 CFR 1.97.
    PHMSA finds it has good cause to make these corrections without
notice and comment pursuant to Section 553(b) of the Administrative
Procedure Act (APA, 5 U.S.C. 551 et seq.). Section 553(b)(B) of the APA
provides that, when an agency for good cause finds that notice and
public procedure are impracticable, unnecessary, or contrary to the
public interest, the agency may issue a rule without providing notice
and an opportunity for public comment. As explained above, the textual
alterations herein consist of corrections re-codifying regulatory
language inadvertently deleted by the Final Rule, consistent with
statements in the preamble to the Final Rule; they make no substantive
changes to the Final Rule but merely facilitate its implementation by
aligning the regulatory text and explanatory material in the Final
Rule's preamble. Because the Final Rule is the product of an extensive
administrative record with numerous opportunities (including through
written comments and the advisory committee) for public comment, PHMSA
finds that additional comment on the corrections herein is unnecessary.
    The immediate effective date of the corrections contained in this
notice is authorized under Section 553(d)(3) of the APA. Section
553(d)(3) provides that a rule should take effect ``not less than 30
days'' after publication in the Federal Register except for when good
cause is found by the agency and published within the rule, thus
allowing for earlier effectiveness. 5 U.S.C. 553(d)(3). ``[T]he purpose
of the thirty-day waiting period is to give affected parties a
reasonable time to adjust their behavior before the final rule takes
effect.'' Omnipoint Corp. v. F.C.C., 78 F.3d 620, 630 (D.C. Cir. 1996).
The corrections at Sec. Sec.  191.15(a)(1) and 191.17(a)(1) restore
annual and incident reporting requirements for offshore gas gathering
pipelines consistent with explicit statements in the Final Rule
preamble. Moreover, PHMSA finds that good cause under Section 553(d)(3)
supports making the revisions effective upon publication in the Federal
Register because the corrections contained in this notice are entirely
consistent with the Final Rule and ensure timely submission of incident
and annual reports by offshore gas gathering pipeline operators.

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This notice has been evaluated in accordance with existing policies
and procedures and is considered not significant under Executive Order
12866 (``Regulatory Planning and Review'') and DOT Order 2100.6A
(``Rulemaking and Guidance Procedures''); therefore, this notice has
not been reviewed by the Office of Management and Budget (OMB) under
Executive Order 12866. PHMSA finds that the corrections herein (in all
respects consistent with the Final Rule) impose no incremental
compliance costs nor adversely affect safety, as they merely re-codify
certain reporting requirements inadvertently deleted by the Final Rule
and thereby ensure timely submission of incident and annual reports by
offshore gas gathering pipeline operators.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act, as amended by the Small Business
Regulatory Flexibility Fairness Act of 1996 (5 U.S.C. 601 et seq.),
generally requires Federal regulatory agencies to prepare a Final
Regulatory Flexibility Analysis (FRFA) for a final rule subject to
notice-and-comment rulemaking under the APA. 5 U.S.C. 604(a).\4\ The
Small Business Administration's implementing guidance explains that
``[i]f an NPRM is not required, the RFA does not apply.'' \5\ Because
PHMSA has ``good cause'' under the APA to forego comment on the
corrections herein, no FRFA is required. Moreover, PHMSA prepared a
FRFA for the Final Rule, which is available in the docket for this
rulemaking; \6\ because the corrections herein will impose no new
incremental compliance costs, PHMSA understands the analysis in that
FRFA remains unchanged.
---------------------------------------------------------------------------

    \4\ This requirement is subject to exceptions--which are not in
any event applicable here because PHMSA has good cause to forego
comment in adopting the corrections herein.
    \5\ Small Business Administration, ``A Guide for Government
Agencies: How to Comply with the Regulatory Flexibility Act'' 55
(2017).
    \6\ Doc. No. PHMSA-2011-0023-0488, at 34-35.
---------------------------------------------------------------------------

D. Paperwork Reduction Act

    The corrections in this notice impose no new or revised information
collection requirements beyond those discussed in the Final Rule. As
explained above, the preamble to the Final Rule explicitly disclaimed
amendment of part 191 reporting requirements for offshore gas gathering
pipelines; the corrections herein are consistent with those statements
and will require no change to current DOT Form PHMSA F 7100.2 (incident
reporting), DOT Form PHMSA F 7100.2-1 (annual reporting), and their
respective instructions.

E. Unfunded Mandates Reform Act of 1995

    PHMSA analyzed the corrections in this notice under the factors in
the Unfunded Mandates Reform Act of 1995 (UMRA, 2 U.S.C. 1501 et seq.)
and determined that the corrections to the Final Rule herein do not
impose enforceable duties on state, local, or Tribal governments or on
the private sector of $100 million or more, adjusted for inflation, in
any one year. PHMSA prepared an analysis of the UMRA considerations in
the final Regulatory Impact Analysis for the Final Rule, which is
available in the docket for the rulemaking.\7\ Because the corrections
herein will impose no new incremental

compliance costs, PHMSA understands the analysis in that UMRA
discussion for the Final Rule remains unchanged.
---------------------------------------------------------------------------

    \7\ Doc. No. PHMSA-2011-0023-0488, at 35.
---------------------------------------------------------------------------

F. National Environmental Policy Act

    The National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321
et seq.) requires Federal agencies to prepare a detailed statement on
major Federal actions significantly affecting the quality of the human
environment. PHMSA analyzed the Final Rule in accordance with NEPA,
implementing Council on Environmental Quality regulations (40 CFR parts
1500-1508), and DOT implementing policies (DOT Order 5610.1C,
``Procedures for Considering Environmental Impacts'') and determined
the Final Rule would not significantly affect the quality of the human
environment.\8\ The corrections to the Final Rule in this notice have
no effect on PHMSA's earlier NEPA analysis as they are consistent, and
merely facilitate compliance, with the Final Rule.
---------------------------------------------------------------------------

    \8\ Final Environmental Assessment, Doc. No. PHMSA-2011-0023-
0485.
---------------------------------------------------------------------------

G. Privacy Act Statement

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to inform its rulemaking process. DOT posts these comments,
without edit, including any personal information the commenter
provided, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.

H. Executive Order 13132 (Federalism)

    PHMSA has analyzed this notice in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism'').\9\
The corrections herein are consistent, and merely facilitate timely
compliance with, the Final Rule, and do not have any substantial direct
effect on the states, the relationship between the National Government
and the states, or the distribution of power and responsibilities among
the various levels of government beyond what was accounted for in the
Final Rule. This notice does not contain any provision that imposes any
substantial direct compliance costs on state and local governments, nor
any new provision that preempts state law. Therefore, the consultation
and funding requirements of Executive Order 13132 do not apply.\10\
---------------------------------------------------------------------------

    \9\ 64 FR 43255 (Aug. 10, 1999).
    \10\ Moreover, PHMSA determined that the Final Rule did not
impose substantial direct compliance costs on State and local
governments.
---------------------------------------------------------------------------

I. Executive Order 13211

    PHMSA analyzed the Final Rule and determined that the requirements
of Executive Order 13211 (``Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use'') \11\ did
not apply. The corrections to the Final Rule herein are not a
``significant energy action'' under Executive Order 13211 either as
they are not likely to have a significant adverse effect on supply,
distribution, or energy use. Further, OMB has not designated the
corrections herein as a significant energy action.
---------------------------------------------------------------------------

    \11\ 66 FR 28355 (May 22, 2001).
---------------------------------------------------------------------------

J. Executive Order 13175

    This document was analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments'') \12\ and DOT Order
5301.1 (``Department of Transportation Policies, Programs, and
Procedures Affecting American Indians, Alaska Natives, and Tribes'').
Because none of the corrections herein have Tribal implications or
impose substantial direct compliance costs on Indian Tribal
governments, the funding and consultation requirements of Executive
Order 13175 do not apply.
---------------------------------------------------------------------------

    \12\ 65 FR 67249 (Nov. 6, 2000).
---------------------------------------------------------------------------

K. Executive Order 13609 and International Trade Analysis

    Under Executive Order 13609 (``Promoting International Regulatory
Cooperation''),\13\ agencies must consider whether the impacts
associated with significant variations between domestic and
international regulatory approaches are unnecessary or may impair the
ability of American business to export and compete internationally. In
meeting shared challenges involving health, safety, labor, security,
environmental, and other issues, international regulatory cooperation
can identify approaches that are at least as protective as those that
are or would be adopted in the absence of such cooperation.
International regulatory cooperation can also reduce, eliminate, or
prevent unnecessary differences in regulatory requirements. The
corrections to the Final Rule in this notice do not impact
international trade.
---------------------------------------------------------------------------

    \13\ 77 FR 26413 (May 4, 2012).
---------------------------------------------------------------------------

L. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.

List of Subjects in 49 CFR Part 191

    MAOP exceedance, Pipeline reporting requirements.

    In consideration of the foregoing, PHMSA amends 49 CFR part 191 as
follows:

PART 191--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE;
ANNUAL, INCIDENT, AND OTHER REPORTING

0
1. The authority citation for part 191 continues to read as follows:

    Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 5121, 60101 et seq.,
and 49 CFR 1.97.

0
2. In Sec.  191.15, revise paragraph (a)(1) to read as follows:

Sec.  191.15  Transmission systems; gathering systems; liquefied
natural gas facilities; and underground natural gas storage facilities:
Incident report.

    (a) * * *
    (1) Transmission, offshore gathering, or regulated onshore
gathering. Each operator of a transmission, offshore gathering, or a
regulated onshore gathering pipeline system must submit Department of
Transportation (DOT) Form PHMSA F 7100.2 as soon as practicable but not
more than 30 days after detection of an incident required to be
reported under Sec.  191.5.
* * * * *

0
3. In Sec.  191.17, revise paragraph (a)(1) to read as follows:

Sec.  191.17  Transmission systems; gathering systems; liquefied
natural gas facilities; and underground natural gas storage facilities:
Annual report.

    (a) * * *
    (1) Transmission, offshore gathering, or regulated onshore
gathering. Each operator of a transmission, offshore gathering, or
regulated onshore gathering pipeline system must submit an annual
report for that system on DOT Form PHMSA F 7100.2-1. This report must
be submitted each year, not later than March 15, for the preceding
calendar year.
* * * * *

    Issued in Washington, DC, on June 8, 2022, under authority
delegated in 49 CFR 1.97.
Tristan H. Brown,
Deputy Administrator.
[FR Doc. 2022-12722 Filed 6-10-22; 8:45 am]
BILLING CODE 4910-60-P