[Federal Register: April 20, 2007 (Volume 72, Number 76)]
[Notices]
[Page 19987-19988]
[DOCID:fr20ap07-123]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55632; File No. SR-Amex-2006-112]

Self-Regulatory Organizations; American Stock Exchange LLC; Order
Granting Approval of a Proposed Rule Change, as Modified by Amendment
No. 1, Relating to the Listing and Trading of Units of the United
States Natural Gas Fund, LP

April 13, 2007.

I. Introduction

    On December 1, 2006, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposal to list and trade units (a ``Unit'' or collectively, the
``Units'') of the United States Natural Gas Fund, LP (``USNG'')
pursuant to Amex Rules 1500 et seq. On February 14, 2007, the Exchange
submitted Amendment No. 1 to the proposed rule change. The proposed
rule change, as modified by Amendment No. 1, was published for comment
in the Federal Register on March 7, 2007 for a 15-day comment
period.\3\ The Commission received no comments regarding the proposal.
This order approves the proposed rule change, as modified by Amendment
No. 1.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 55372 (February 28,
2007), 72 FR 10267.
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II. Description of the Proposal

    The Exchange proposes to list and trade the Units issued by USNG
pursuant to Amex Rules 1500 et seq. The Units represent ownership of a
fractional undivided beneficial interest in the net assets of USNG.\4\
The net assets of USNG will consist of investments in futures contracts
based on natural gas, crude oil, heating oil, gasoline, and other
petroleum-based fuels traded on the New York Mercantile Exchange
(``NYMEX''), Intercontinental Exchange (``ICE Futures'') or other U.S.
and foreign exchanges (collectively, ``Futures Contracts''). USNG may
also invest in other natural gas-related investments such as cash-
settled options on Futures Contracts, forward contracts for natural
gas, and over-the-counter transactions that are based on the price of
natural gas, oil and other petroleum-based fuels, Futures Contracts and
indices based on the foregoing (collectively, ``Other Natural Gas
Related Investments''). Futures Contracts and Other Natural Gas Related
Investments collectively are referred to as ``Natural Gas Interests.''
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    \4\ USNG is a commodity pool that will issue Units that may be
purchased and sold on the Exchange.
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    USNG will invest in Natural Gas Interests to the fullest extent
possible without being leveraged or unable to satisfy its current or
potential margin or collateral obligations. In pursuing this objective,
the primary focus of USNG's investment manager, Victoria Bay Asset
Management, LLC (``General Partner''), will be the investment in
Futures Contracts and the management of its investments in short-term
obligations of the United States, cash equivalents, and cash for
margining purposes and as collateral.
    The investment objective of USNG is for changes in percentage terms
of a Unit's net asset value (``NAV'') to reflect the changes in
percentage terms of the price of natural gas delivered at the Henry
Hub, Louisiana as measured by the natural gas futures contract traded
on the NYMEX (the ``Benchmark Futures Contract''). The Benchmark
Futures Contract employed is the near month expiration contract, except
when the near month contract is within two (2) weeks of expiration, in
which case the Benchmark Futures Contract is the next expiration
month.\5\
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    \5\ The Benchmark Futures Contracts will be changed or
``rolled'' from the near month contract to expire over to the next
month to expire over a four (4) day period.
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    The General Partner will attempt to place USNG's trades in Natural
Gas Interests and otherwise manage USNG's investments so that ``A''
will be within plus/minus 10 percent of ``B,'' where:
     A is the average daily change in USNG's NAV for any period
of 30 successive valuation days, i.e., any day as of which USNG
calculates its NAV; and
     B is the average daily change in the price of the
Benchmark Futures Contract over the same period.
    USNG will be subject to the criteria in Amex Rule 1502 for initial
and continued listing of the Units. The Amex stated that it will
require a minimum of 100,000 Units to be outstanding at the start of
trading and expects that the initial price of a Unit will be $50.00.\6\
The Exchange represented that it prohibits the initial and/or continued
listing of any security that is not in compliance with Rule 10A-3 under
the Act.\7\ Further, the Exchange stated that it will file a proposed
rule change with the Commission pursuant to Rule 19b-4 under the Act
seeking approval to continue trading the Units and, unless approved,
the Exchange will commence delisting the Units if more than a temporary
disruption exists in connection with the pricing of the Benchmark
Futures Contract or the calculation or dissemination of the NAV is more
than temporarily disrupted, or the NAV is not disseminated to all
market participants at the same time.
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    \6\ USNG expects that the initial Authorized Purchaser will
purchase the initial Basket of 100,000 Units at the initial offering
price per Unit of $50.00. On the date of the public offering and
thereafter, USNG will continuously issue Units in Baskets of 100,000
Units to Authorized Purchasers at NAV.
    \7\ See 17 CFR 240.10A-3.
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    Amex Rule 1503 relating to certain specialist prohibitions will
address potential conflicts of interest in connection with acting as a
specialist in the Units. Specifically, Rule 1503 provides that the
prohibitions in Amex Rule 175(c) apply to a specialist in the Units so
that the specialist or affiliated person may not act or function as a
market-maker in an underlying asset, related futures contract or option
or any other related derivative. An affiliated person of the specialist
consistent with Amex Rule 193 may be afforded an exemption to act in a
market making capacity, other than as a specialist in the Units on
another market center, in the underlying asset, related futures or
options or any other related derivative. In particular, Amex Rule 1503
provides that an approved person of an equity specialist that has
established and obtained Exchange approval for procedures restricting
the flow of material, non-public market information between itself and
the specialist member organization, and any member, officer, or
employee associated therewith, may act in a market making capacity,
other than as a specialist in the Units on another market center, in
the underlying asset or commodity, related futures or options on
futures, or any other related derivatives.
    Amex Rule 1504 will also ensure that specialists handling the Units
provide the Exchange with all the necessary information relating to
their trading in physical assets or commodities, related futures
contracts and options thereon or any other derivative. As a general
matter, the Exchange has regulatory jurisdiction over its members,
member organizations and approved persons of a member organization. The
Exchange also has regulatory jurisdiction over any person or entity
controlling a member organization as well as a subsidiary or affiliate
of a member organization that is in the securities business. A
subsidiary or affiliate of a member organization that does business
only in commodities

or futures contracts would not be subject to Exchange jurisdiction, but
the Exchange could obtain information regarding the activities of such
subsidiary or affiliate through surveillance sharing agreements with
regulatory organizations of which such subsidiary or affiliate is a
member.

III. Discussion and Commission Findings

    After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange \8\ and, in particular, the requirements of Section 6 of the
Act.\9\ Specifically, the Commission finds that the proposed rule
change is consistent with Section 6(b)(5) of the Act,\10\ which
requires, among other things, that the rules of a national securities
exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest.
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    \8\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(5).
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    The Commission further believes that the proposal is consistent
with Section 11A(a)(1)(C)(iii) of the Act,\11\ which sets forth
Congress' finding that it is in the public interest and appropriate for
the protection of investors and the maintenance of fair and orderly
markets to assure the availability to brokers, dealers, and investors
of information with respect to quotations for and transaction in
securities. Amex represented that quotation for and last-sale
information regarding the futures contracts held by USNG, including the
future contracts underlying the Benchmark Index are widely disseminated
through a variety of market data vendors worldwide, including Bloomberg
and Reuters. In addition, the Exchange further represented that real-
time futures data is available by subscription from Reuters and
Bloomberg. The NAV of the Units is available at the Web site of the
Exchange. The Commission believes that Amex's proposal is reasonable
designed to promote transparency in the pricing of the Units, and to
prevent trading when a reasonable degree of transparency cannot be
assured. The proposal also appears reasonably designed to prevent the
misuse of information by specialists.
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    \11\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
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    In support of this proposal, the Exchange has made the following
representations:
    (1) The Exchange represented that it currently has in place an
Information Sharing Agreement with the NYMEX and ICE Futures for the
purpose of providing information in connection with trading in or
related to futures contracts traded on the NYMEX and ICE Futures,
respectively. To the extent that USNG invests in Natural Gas Interests
traded on other exchanges, the Amex represented that it will seek to
enter into Information Sharing arrangements with those particular
exchanges.
    (2) Amex would distribute an information circular to Exchange
members and member organizations, prior to the commencement of trading
providing guidance with regard to member firm compliance
responsibilities (including suitability recommendations) when handling
transaction in the Units. In addition, investors purchasing Units
directly from USNG (by delivery of the Deposit Amount) would receive a
prospectus from USNG. Amex members purchasing Units from USNG for
resale to investors would deliver a prospectus to such investors.
    (3) Amex submits that its surveillance procedures are adequate to
deter and detect violations of Exchange rules relating to the trading
of the Units. The surveillance procedures for the Units will be similar
to those used for units of the United States Oil Fund, LP as well as
other commodity-based trusts, trust issued receipts and exchange-traded
funds. In addition, the surveillance procedures will incorporate and
rely upon existing Amex surveillance procedures governing options and
equities.
    (4) Amex represents that it prohibits the initial and/or continued
listing of any security that is not in compliance with Rule 10A-3 under
the Act.\12\
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    \12\ See 17 CFR 240.10A-3.
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    This order is conditioned on Amex's adherence to these
representations.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\13\ that the proposed rule change (SR-Amex-2006-112), as modified
by Amendment No. 1, be, and is hereby approved.
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    \13\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-7486 Filed 4-19-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 84, Number 226 (Friday, November 22, 2019)]
[Notices]
[Page 64520]
[FR Doc No: 2019-25399]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ID-7658-001]

Malandro, Michael E.; Notice of Filing

    Take notice that on November 15, 2019, Michael E. Malandro,
submitted for filing, application for authority to hold interlocking
positions, pursuant to section 305(b) of the Federal Power Act, 16
U.S.C. 825d (b), Part 45 of the Federal Energy Regulatory Commission's
Rules of Practice and Procedure, 18 CFR part 45.8 (2019), and Order No.
664, 112 FERC 61,298 (2005).
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
eLibrary link and is available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on December 6, 2019.

    Dated: November 18, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-25399 Filed 11-21-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 196 (Tuesday, October 11, 2011)]
[Notices]
[Pages 62883-62884]
[FR Doc No: 2011-26140]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65484 File No. SR-OCC-2011-14]

Self-Regulatory Organizations; Options Clearing Corporation;
Notice of Filing of Proposed Rule Relating to Clearing Options on the
CBOE Silver Volatility Index

October 4, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder \2\ notice is hereby given that
on September 27, 2011, The Options Clearing Corporation (``OCC'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared primarily by OCC. 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 proposed rule change would allow OCC to add an interpretation
following the introduction in Article XVII of OCC's By-Laws, clarifying
that OCC will clear and treat as securities options any option
contracts on the CBOE Silver ETF Volatility Index.

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 self-regulatory organization
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 self-regulatory organization
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

    The purpose of the proposed rule change is to remove any potential
cloud on the jurisdictional status of options on the CBOE Silver ETF
Volatility Index, which is an index that measures the implied
volatility of options on the iShares Silver Trust, an exchange-traded
fund designed to reflect the performance of the price of silver.\3\ To
accomplish this purpose, OCC is proposing to amend the interpretation
and policy following the introduction in Article XVII of OCC's By-Laws
to clarify that OCC will clear and treat as securities options any
option contracts on the CBOE Silver ETF Volatility Index. On December
29, 2010, the Commission approved rule filing SR-OCC-2010-07, which
added the existing interpretation, which relates to the treatment and
clearing of options on the CBOE Gold ETF Volatility Index.
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    \3\ The staff notes that on August 11, 2011, the Commission
issued an Order granting approval of a proposed rule change to trade
options on the CBOE Silver ETF Volatility Index. See Securities
Exchange Act Release No. 34-65116, 76 FR 51099 (August 17, 2011).
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    In its capacity as a ``derivatives clearing organization''
registered as such with the CFTC, OCC is filing this proposed rule
change for prior approval by the CFTC pursuant to provisions of the
Commodity Exchange Act (the ``CEA'') in order to foreclose any
potential liability under the CEA based on an argument that the
clearing by OCC of such options as securities options constitutes a
violation of the CEA.
    OCC believes that the proposed interpretation of OCC's By-Laws is
consistent with the purposes and requirements of Section 17A of the
Exchange Act because it is designed to promote the prompt and accurate
clearance and settlement of transactions in securities options, to
foster cooperation and coordination with persons engaged in the
clearance and settlement of such transactions, to remove impediments to
and perfect the mechanism of a national system for the prompt and
accurate clearance and settlement of such transactions, and, in
general, to protect investors and the public interest. It accomplishes
this purpose by reducing the likelihood of a dispute as to the
Commission's jurisdiction over options based on the CBOE Silver ETF
Volatility Index. The proposed rule change is not inconsistent with the
By-Laws and Rules of OCC.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    OCC does not believe that the proposed rule change would impose any
burden on competition.

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

    Written comments were not and are not intended to be solicited with
respect to the proposed rule change and none have been received.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) As the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) by order approve or disapprove the proposed rule change or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commissions Internet comment form (http://www.sec.gov/rules/sro.shtml) or send an e-mail to<EMAIL_ADDRESS>Please include File Number SR-OCC-2011-14 on the
subject line.

Paper Comments

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

All submissions should refer to File Number SR-OCC-2011-14. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 pm. Copies of such filings will also be available for
inspection and copying at the principal office of OCC and on OCC's Web
site athttp://www.optionsclearing.com/components/docs/legal/rules_and_bylaws/sr_occ_11_14.pdf.
    All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-OCC-2011-14
and should be submitted on or before November 1, 2011.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\4\
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    \4\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-26140 Filed 10-7-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 67 (Tuesday, April 8, 2014)]
[Notices]
[Pages 19405-19407]
[FR Doc No: 2014-07766]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71848; File No. SR-CBOE-2014-030]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to Rule 5.5

April 2, 2014.
    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 March 28, 2014, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I and II below, which Items have been prepared by the
Exchange. The 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 Exchange proposes to replace the reference to ``GOOG'' with
``GOOGL'' in Interpretation and Policy .22 to Rule 5.5. The text of the
proposed rule change is provided below.
    (additions are italicized; deletions are [bracketed])
* * * * *] [sic]

Chicago Board Options Exchange, Incorporated Rules

* * * * *

Rule 5.5. Series of Option Contracts Open for Trading.

    No change.

...Interpretations and Policies:

    .01-.21 No change.
    .22 Mini Options Contracts
    (a) After an option class on a stock, exchange-traded fund (ETF)
share (referred to as ``Unit'' in Rule 5.3.06), Trust Issued Receipt
(TIR), exchange-traded note (ETN), and other Index-Linked Security with
a 100 share deliverable has been approved for listing and trading on
the Exchange, series of option contracts with a 10 share deliverable on
that stock, ETF share, TIR, ETN and other Index-Linked Security may be
listed for all expirations opened for trading on the Exchange. Mini-
option contracts may currently be listed on SPDR S & P 500 (SPY),
Apple, Inc. (AAPL), SPDR Gold Trust (GLD), Google, Inc. (GOOGL) and
Amazon.com Inc. (AMZN).
    (b)-(d) No change.
* * * * *
    The text of the proposed rule change is also available on the
Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange is proposing to make a change to Interpretation and
Policy .22

of Exchange Rule 5.5 to enable the continued trading of mini options on
Google's class A shares. The Exchange is proposing to make this change
because, on April 2, 2014, Google will issue a new class of shares
(class C) to its shareholders in lieu of a cash dividend payment.
Additionally, this new class C of shares will be given the current
Google ticker, ``GOOG.'' As a result, a new ticker, ``GOOGL,'' will be
issued to the class A shares. The Exchange is proposing to change the
Google ticker referenced in Exchange Rule 5.5.22 from ``GOOG'' to
``GOOGL.''
    This change to Interpretation and Policy .22 of Rule 5.5 shall
become effective on April 3, 2014 which is the day after Google
officially changes their ticker. The purpose of this change is to
ensure that Rule 5.5 properly reflects the intention and practice of
the Exchange to trade mini options on only an exhaustive list of
underlying securities outlined in Exchange Rule 5.5.22. This change is
meant to continue the inclusion of class A shares of Google in the
current list of underlying securities that mini options can be traded
on, while making it clear that class C shares of Google are not part of
that list as that class of options has not been approved for mini
option trading. As a result, the proposed change will also help avoid
confusion.
 2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\3\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \4\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \5\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
    \5\ Id.
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    In particular, the proposed rule change to change the Google class
A ticker to its new designation is consistent with the Act because the
proposed change is merely updating the corresponding ticker to allow
for continued mini option trading on Google's class A shares. The
proposed change will allow for continued benefit to investors by
providing them with additional investment alternatives.

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The proposed change does not
impose any burden on intramarket competition because it applies to all
Trading Permit Holders. There is no burden on intermarket competition
as the proposed change is merely attempting to update the new ticker
for Google class A for mini-options. As a result, there will be no
substantive changes to the Exchange's operations or its rules.

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

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

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

    Because the 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 if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \6\ and Rule 19b-
4(f)(6)(iii) thereunder.\7\
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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    A proposed rule change filed under Rule 19b-4(f)(6) \8\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii) \9\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing.
---------------------------------------------------------------------------

    \8\ 17 CFR 240.19b-4(f)(6).
    \9\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Commission believes that waiving the 30-day operative delay
is consistent with the protection of investors and the public interest,
as it will allow the Exchange to continue to list mini options on the
Google Class A shares following the issuance of a new class of Google
shares (class C) on April 2, 2014. For this reason, the Commission
designates the proposed rule change to be operative upon filing.\10\
---------------------------------------------------------------------------

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

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

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 rule-comments@ sec.gov. Please include
File Number SR-CBOE-2014-030 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2014-030. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use

only one method. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2014-030 and should be
submitted on or before April 29, 2014.

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

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-07766 Filed 4-7-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 233 (Tuesday, December 4, 2012)]
[Notices]
[Page 71845]
[FR Doc No: 2012-29392]

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

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday,
December 6, 2012 at 2:00 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Gallagher, as duty officer, voted to consider the
items listed for the Closed Meeting in a closed session, and determined
that no earlier notice thereof was possible.
    The subject matter of the Closed Meeting will be:

An adjudicatory matter;
Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings; and
Other matters relating to enforcement proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: November 30, 2012.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-29392 Filed 11-30-12; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 158 (Thursday, August 17, 2023)]
[Rules and Regulations]
[Pages 55913-55915]
[FR Doc No: 2023-17705]

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

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0613]
RIN 1625-AA00

Safety Zone; Kanawha River, Mile Markers 41.5 to 42.5, Nitro, WV,
Change in Dates

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a half mile radius of the Donald Legg Memorial
Bridge. The safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards created by adding a
center section of the bridge. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port Sector Ohio Valley (COTP) or a designated representative. This
temporary final rule reflects a change in the dates of the bridge
construction than we previously announced in a prior temporary final
rule.

DATES: This rule is effective from 5:30 a.m. on August 28, 2023,
through 7 p.m. on August 29, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0613 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Chelsea Zimmerman, Marine Safety Unit
Huntington, U.S. Coast Guard, telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security

FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard previously published a temporary final rule for a
safety zone on August 2, 2023, titled ``Safety Zone; Kanawha River,
Mile Markers 41.5 to 42.5, Nitro, WV'' at 88 FR 50765. That safety zone
was going to be effective August 24, 2023 though August 25, 2023. The
Coast Guard received notice on August 9, 2023, that the project manager
must change the dates of the bridge construction. Therefore, we must
change the effective dates and enforcement times from that original
safety zone temporary final rule. This rule replaces the previous rule
issued on August 2, 2023 at 88 FR 50765. We will no longer be enforcing
the safety zone on the dates described in that rule. Instead, this
safety zone will be enforced on August 28, 2023 and August 29, 2023
when the bridge construction is scheduled to occur.
    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.''
    Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for not publishing a notice of proposed rulemaking (NPRM) with
respect to this rule because publishing an NPRM would be impracticable.
A safety zone is needed to alleviate safety concerns associated with
construction operations for the purpose of adding the center section of
the Donald Legg Memorial Bridge. It is impracticable to publish an NPRM
because late notice was given for the change in enforcement dates,
which now require the establishment of a safety zone by August 28th,
2023, and lack sufficient time to provide a reasonable comment period
and then consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because we must establish the safety zone by August 28, 2023, in order
to protect personnel, vessels, and the marine environment from the
potential safety hazards associated with the bridge construction
beginning on that date.

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 Ohio Valley (COTP) has determined
that safety needs associated with construction operations on the Donald
Legg Memorial Bridge on August 28, 2023, and August 29, 2023, present a
safety concern. The purpose of this rulemaking is to ensure the safety
of the public surrounding regulated area before, during, and after the
construction event.

IV. Discussion of the Rule

    This rule establishes a safety zone that will be enforced from 5:30
a.m. until 8 p.m. on August 28, 2023, and from 7 a.m. until 7 p.m. on
August 29, 2023. The safety zone will cover all navigable waters
between mile markers 41.5 to 42.5 on the Kanawha River. The duration of
the zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters while the bridge span is being
added. No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. A designated representative means a Coast Guard Patrol
Commander, including a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel and a Federal, State, and local
officer designated by or assisting the Captain of the Port Sector Ohio
Valley (COTP) in the enforcement of the safety zone.
    Persons or vessels seeking to enter the safety zone must request
permission from the COTP on VHF-FM channel 16 or by telephone at 1-502-
779-5424. If permission is granted, all persons and vessels shall
comply with the instructions of the COTP or designated representative.
    The COTP or a designated representative will inform the public of
the enforcement times and date for this safety zone through Broadcast
Notices to Mariners, Local Notices to Mariners, and/or Safety Marine
Information Broadcasts as appropriate.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
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, and time-of-day of the regulated area. This rule is
limited to the Kanawha River from mile 41.5 to 42.5 on August 28, 2023,
and August 29, 2023, and will be enforced only during the times
specified. Moreover, the Coast Guard will issue Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the regulated area and the
rule allows vessels to seek permission to enter the area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to

the Small Business and Agriculture Regulatory Enforcement Ombudsman and
the Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's responsiveness
to small business. If you wish to comment on actions by employees of
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves
establishing a temporary safety zone on the Kanawha River at mile 41.5
to 42.5 on August 28, 2023, and August 29, 2023. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Revise Sec.  165.T08-0613 to read as follows:

Sec.  165.T08-0613  Safety Zone; Kanawha River, Mile Markers 41.5 to
42.5 Nitro, WV, Change in Dates.

    (a) Location. The following area is a safety zone: all navigable
waters of the Kanawha River from mile marker 41.5 to mile marker 42.5,
extending the entire width of the river.
    (b) Definitions. Designated representative means a Coast Guard
Patrol Commander (PATCOM), including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel and a Federal,
State, and local officer designated by or assisting the Captain of the
Port Ohio Valley (COTP) in the enforcement of the regulations in this
section.
    (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. The Coast Guard may patrol the event
area under the direction of a designated Coast Guard Patrol Commander.
    (2) To seek permission to enter, the COTP or the COTP's
representative may be contacted on Channel 16 VHF-FM (156.8 MHz) by the
call sign ``PATCOM'', or phone at 1-502-779-5424. 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.
    (3) The Patrol Commander may forbid and control the movement of all
vessels in the regulated area. When hailed or signaled by an official
patrol vessel, a vessel shall come to an immediate stop and comply with
the directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
    (4) The Patrol Commander may terminate the event or the operation
of any vessel at any time it is deemed necessary for the protection of
life or property.
    (5) The COTP will provide notice of the regulated area through
advanced notice via local notice to mariners and broadcast notice to
mariners and by on-scene designated representatives.
    (d) Enforcement periods. This section will be enforced from 5:30
a.m. to 8 p.m. on August 28, 2023, and 6:30 a.m. to 7 p.m. on August
29, 2023.

    Dated: August 12, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2023-17705 Filed 8-16-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Notices]
[Pages 55453-55454]
[FR Doc No: 2023-17466]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2013-0691; FRL-11139-01-OAR]

Agency Information Collection Activities; Proposed Information
Collection Request; Comment Request; Implementation of the Fine
Particulate Matter (PM2.5) National Ambient Air Quality Standards
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit an information collection request (ICR), Implementation of the
Fine Particulate Matter (PM2.5) National Ambient Air Quality
Standards (Renewal) (EPA ICR Number 2258.06; OMB Control Number 2060-
0611) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act (PRA). Before
doing so, the EPA is soliciting public comments on specific aspects of
the proposed information collection as described below. This is a
proposed extension of the ICR, which is currently approved through
January 31, 2024. This notice allows for 60 days for public comments.

DATES: Comments must be submitted on or before October 16, 2023.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2013-069, to the EPA online using https://www.regulations.gov (our
preferred method), by email to [email protected], or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW, Washington, DC 20460. The EPA's policy is
that all comments received will be included in the public docket
without change including any personal information provided, unless the
comment includes profanity, threats, information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Ms. Leigh Herrington, Office of Air
Quality Planning and Standards, U.S. Environmental Protection Agency,
Mailcode C539-01, Post Office Box 12055, Research Triangle Park, NC
27711; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>;
email address: [email protected].

SUPPLEMENTARY INFORMATION: This is a proposed extension of the ICR,
which is currently approved through January 31, 2024. An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number.
    This notice allows 60 days for public comments. Supporting
documents, which explain in detail the information that the EPA will be
collecting, are available in the public docket for this ICR. The docket
can be viewed online at https://www.regulations.gov or in person at the
EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW,
Washington, DC. The telephone number for the Docket Center is 202-566-
1744. For additional information about EPA's public docket, visit
https://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the Paperwork Reduction Act
(PRA), the EPA is soliciting comments and information to enable it to:
(i) evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility; (ii)
evaluate the accuracy of the Agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (iii) enhance the quality, utility,
and clarity of the information to be collected; and (iv) minimize the
burden of the collection of information on those who are to respond,
including through the use of appropriate forms of information
technology. The EPA will consider the comments received and amend the
ICR as appropriate. The final ICR package will then be submitted to OMB
for review and approval. At that time, the EPA will issue another
Federal Register notice to announce the submission of the ICR to OMB
and the opportunity to submit additional comments to OMB.
    Abstract: The PM2.5 NAAQS State Implementation Plan
(SIP) Requirements Rule (PM2.5 SIP Requirements Rule) was
effective on October 24, 2016 (81 FR 58010, August 24, 2016). This rule
provides the framework of Clean Air Act (CAA) requirements for air
agencies to develop state implementation plans to attain and maintain
the PM2.5 NAAQS. States have applied this framework to
develop attainment plans and redesignation requests and maintenance
plans for areas designated nonattainment for the 1997 PM2.5
NAAQS, the 2006 PM2.5 NAAQS, and the 2012 PM2.5
NAAQS. This proposed ICR renewal covers the

period February 1, 2024-January 31, 2027.
    The initial ICR finalized with the PM2.5 NAAQS SIP
Requirements Rule estimated, for the 3 years following the ICR approval
date, the burden associated with plan development and plan revisions
related to ongoing implementation efforts in 31 areas designated
nonattainment for the 1997, 2006 and/or 2012 PM2.5 NAAQS.
The estimates included the burden to develop and submit, and the burden
to the EPA to review and to approve or disapprove, attainment plans to
meet the requirements prescribed in CAA sections 110 and part D,
subparts 1 and 4 of title I. A PM2.5 NAAQS attainment plan
contains rules and other measures designed to improve air quality and
achieve the NAAQS by the deadlines established under the CAA. It also
must address several additional CAA requirements related to
demonstrating timely attainment and must contain contingency measures
in the event the nonattainment area does not achieve reasonable further
progress throughout the attainment period or in the event the area does
not attain the NAAQS by its attainment date. States that have attained
by the applicable attainment date may be eligible to submit a
redesignation request and maintenance plan to receive a redesignation
from ``nonattainment'' to ``attainment.'' After a state submits an
attainment or maintenance plan, the CAA requires the EPA to take action
on the plan. Tribes located within the geographic boundary of a
nonattainment area may develop or submit attainment plans, but they are
not required to do so.
    This ICR supersedes the existing ICR--for which the EPA is
proposing renewal in this action--for purposes of PM2.5
NAAQS implementation.
    Form Numbers: None.
    Respondents/affected entities: State and local governments.
    Respondent's obligation to respond: Mandatory.
    Estimated number of respondents: 12.
    Frequency of response: Once per triggering event [i.e., an air
agency is required to revise and submit a SIP revision when the area is
initially designated as nonattainment, reclassified to a higher
classification, when an areas fails to achieve reasonable further
progress, when a Serious nonattainment area fails to timely attain,
and/or when a state requests redesignation for a PM2.5
nonattainment area that attains the NAAQS)].
    Total estimated burden: 24,900 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $1.76M (present value per year), which
includes $0 annualized capital or operation & maintenance costs.
    Changes in the Estimates: There is a decrease of 1800 hours of
total estimated respondent burden compared with the ICR currently
approved by OMB. This decrease is due to the reduction in nonattainment
areas from 18 to 12. While the hours decreased due to the fewer number
of respondents, there is a present-day value increase in estimated
costs due to the increase in labor rates and the need for several areas
to continue to develop plans to help address complex air quality
issues.

Scott Mathias,
Director, Air Quality Policy Division.
[FR Doc. 2023-17466 Filed 8-14-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Notices]
[Page 29778]
[FR Doc No: 2018-13595]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL18-172-000]

American Municipal Power, Inc.; Notice of Filing

    Take notice that on June 15, 2018, American Municipal Power, Inc.
submitted an application for approval of revenue requirement for
reactive power service in MISO.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the website that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
[email protected], or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on July 6, 2018.

    Dated: June 19, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-13595 Filed 6-25-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 54 (Wednesday, March 20, 2013)]
[Rules and Regulations]
[Pages 17090-17094]
[FR Doc No: 2013-06428]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0357]
RIN 1625-AA09

Drawbridge Operation Regulation; Elizabeth River, Eastern Branch,
Norfolk, VA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is adopting an interim drawbridge rule
published in August 2012 as a final rule for the Berkley (I-264)
Bridge, at mile 0.4, across the Eastern Branch of the Elizabeth River,
Norfolk, VA. This rule, allowing only four scheduled bridge openings
during the day, is necessary to alleviate heavy vehicular traffic
delays throughout the day and secondary congestion during the afternoon
rush hour, while still providing for the reasonable needs of
navigation.

DATES: Effective April 19, 2013.

ADDRESSES: Comments and related materials received from the public, as
well as documents mentioned in this preamble as being available in the
docket, are part of docket USCG-2012-0357 and are available online by
going to www.regulations.gov, and inserting USCG-2012-0357 in the
``Search'' box, and then clicking ``Search''. This material is also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Terrance A. Knowles, Bridge Administration Branch, Fifth
Coast Guard District, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
U.S.C. United States Code
VDOT Virginia Department of Transportation
VMA Virginia Maritime Association

A. Regulatory History and Information

    On August 30, 2012, we published an interim rule (IR) entitled,
``Drawbridge Operation Regulations; Elizabeth River, Eastern Branch,
Norfolk, VA'' in the Federal Register (77 FR 52599). We received 545
comments on the proposed rule. No public meeting was requested, and
none was held.
    Other Related Regulatory Action: The following table describes
regulatory actions related to this bridge. A discussion of those
actions follows.

                                              Table 1--Rulemakings
----------------------------------------------------------------------------------------------------------------
                                                                                Drawbridge  operation regs.
               Date                       Action                  FR Cite                    (Docket No.)
----------------------------------------------------------------------------------------------------------------
10/09/2009.......................  Temporary Deviation  74 FR 52143................  USCG-2009-0754.
10/09/2009.......................  Proposed Rulemaking  74 FR 52158................  USCG-2009-0754.
                                    (NPRM).
03/03/2010.......................  Temporary Deviation  75 FR 9521.................  USCG-2010-0083.
03/03/2010.......................  Supplemental NPRM..  75 FR 9557.................  USCG-2009-0754.
08/06/2010.......................  Temporary Final      75 FR 47461................  USCG-2009-0754.
                                    Rule.
08/30/2012.......................  Interim Rule.......  77 FR 52599................  USCG-2012-0357.
----------------------------------------------------------------------------------------------------------------

    On October 9, 2009, we published a notice of temporary deviation
request for comments entitled; ``Drawbridge Operation Regulations;
Elizabeth River, Eastern Branch, Norfolk, VA'' in the Federal Register
(74 FR 52143) and a notice of proposed rulemaking (NPRM) entitled
``Drawbridge Operation Regulation; Elizabeth River, Eastern Branch,
Norfolk, VA'' in the Federal Register (74 FR 52158). We received 861
comments for both the temporary deviation and NPRM. No public meeting
was requested then, and none was held.
    On March 3, 2010, we published a notice of temporary deviation
request for comments entitled; ``Drawbridge Operation Regulations;
Elizabeth River, Eastern Branch, VA'' in the Federal Register (75 FR
9521) and a supplemental notice of proposed rulemaking (SNPRM) entitled
``Drawbridge Operation Regulations; Elizabeth River, Eastern Branch,
Norfolk, VA'' in the Federal Register (75 FR 9557). That time we
received four comments on the published deviation and SNPRM. No public
meeting was requested then, and none was held.
    On August 6, 2010, we published a temporary final rule entitled
``Drawbridge Operation Regulations; Elizabeth River, Eastern Branch,
Norfolk, VA'' in the Federal Register (75 FR 47461) that temporarily
changed the drawbridge operation regulations effective from 9 a.m. on
September 4, 2010, until 2:30 p.m. on October 5, 2012.
    The establishment of the recent interim rule, effective since
October 6, 2012, and the previous temporary final rule, with its
similar operating rules/provisions, which was in effect since September
4, 2010, did not place any additional constraints on the waterway users
because mariners already used the temporary schedule for almost two
years and could still plan their trips in accordance with the scheduled
bridge openings. Any operating schedule that would revert back to the
previous on-demand operation of the drawbridge would produce a
tremendous amount of delay. Prior to these four scheduled daytime
openings, delays for motorists were unpredictable and were expected to
increase with population growth and any increase in associated traffic.

B. Basis and Purpose

    VDOT, which owns and operates the bascule-type Berkley Bridge,
requested a

permanent change to the bridge regulations. This final rule makes
permanent those temporary regulations currently in effect in the
interim rule.
    The Berkley Bridge is the principle arterial route in and out of
the City of Norfolk and serves as the major evacuation highway in the
event of emergencies. In the closed to navigation position, the Berkley
Bridge has a vertical clearance of 48 feet above mean high water.
Vessel traffic on this portion of the Elizabeth River waterway consists
of pleasure craft, tug and barge traffic, and ships with assist tugs
seeking repairs. There is no alternate waterway route.
    The regulation set out in Title 33 CFR 117.1007 (b) allows the
Berkley Bridge, mile 0.4, in Norfolk, Virginia to remain closed one
hour prior to the published start of a scheduled marine event regulated
under Sec.  100.501, and remain closed until one hour following the
completion of the event unless the Patrol Commander designated under
Sec.  100.501 allows the bridge to open for commercial vessel traffic.
In addition, the bridge shall open on signal any time except from 5
a.m. to 9 a.m. and from 3 p.m. to 7 p.m., Monday through Friday, except
Federal holidays, and shall open at any time for vessels with a draft
of 18 feet or more, provided that at least 6 hours advance notice has
been given to the Berkley Bridge Traffic Control Room at<PHONE_NUMBER>
as required by 33 CFR 117.1007 (c).
    The interim rule, which modified the above schedule, became
effective on October 6, 2012. During the interim rule regulation, the
draw shall remain closed one hour prior to the published start of a
scheduled marine event regulated under Sec.  100.501, and remain closed
until one hour following the completion of the event unless the Patrol
Commander designated under Sec.  100.501 allows the bridge to open for
commercial vessel traffic. The draw shall open on signal at any time
for vessels carrying, in bulk, cargoes regulated by 46 CFR subchapters
D or O, or Certain Dangerous Cargoes as defined in 33 CFR 160.204. For
all other vessels, the draw shall open on signal at any time, except
from 5 a.m. to 7 p.m., Monday through Friday, except Federal holidays.
During these times, the draw shall open for commercial vessels with a
draft of 18 feet or more, provided at least 6 hours notice was given to
the Berkley Bridge Traffic Control room at<PHONE_NUMBER>; open on
signal at 9 a.m., 11 a.m., 1 p.m. and 2:30 p.m.; and if the bridge is
not opened during a particular scheduled opening and a vessel has made
prior arrangements for a delayed opening, the draw tender may provide a
single opening up to 30 minutes past that scheduled opening time for
that signaling vessel, except at 2:30 p.m. The draw tender may provide
a single opening up to 20 minutes past the 2:30 p.m. scheduled opening
time for a signaling vessel that made prior arrangements for a delayed
opening. A vessel may make prior arrangements for a delayed opening by
contacting the Berkley Bridge Traffic Control room at<PHONE_NUMBER>.
    This final rule will make the interim final rule opening procedures
permanent. Due to this, we anticipate less vehicular traffic congestion
between 9 a.m. and 3 p.m., while causing fewer secondary back-ups
during rush hours, as compared to increased traffic congestion when the
bridge opened on signal.
    In 2009, prior to implementing the temporary regulation, a Test
Deviation published in the Federal Register (74 FR 52143) was issued to
allow VDOT to test the proposed schedule and to obtain data and public
comments. During that Test Deviation period, a count of the delayed
vessels during the closure periods was taken to ensure the regulation
would not have a significant impact on navigation. The monthly
vehicular traffic counts submitted by VDOT for the last quarter of
calendar year 2008 showed the average daily traffic volumes at the
Berkley Bridge (See Table A):

                                 Table A
------------------------------------------------------------------------

------------------------------------------------------------------------
OCT 2008...............................  83,296 vehicles.
NOV 2008...............................  99,643 vehicles.
DEC 2008...............................  106,856 vehicles.
------------------------------------------------------------------------

    The traffic counts revealed that from October 2008 to December
2008, the Berkley Bridge experienced a seven percent (or 23,560-car)
increase in vehicular traffic flow. The Coast Guard believes that the
increase was due to the previously referenced temporary closure of two
Norfolk-area bridges and that vehicular traffic will subside when those
bridges return to service.
    The Coast Guard received 861 comments on both the temporary
deviation and NPRM originally proposed in 2009. A large majority of the
responses from commuters were in support of the scheduled opening set-
up. However, the local maritime community expressed some objections to
the schedule change to vessels.
    After review of all of the comments and bridge-related data
received, the Coast Guard had determined that an alternative proposal
should be considered.
    From September 4, 2010, to October 5, 2012, a temporary final rule
(75 FR 47461, August 6, 2010) introduced changes that allowed for the
draw of the Berkley Bridge to open on signal for the proposed
drawbridge openings (scheduled during the daytime) which expected to
similarly cause a decrease in traffic congestion. Concurrent with the
publication of the SNPRM (75 FR 9557, March 3, 2010), another Test
Deviation (75 FR 9521, March 3, 2010) was issued to allow VDOT to test
another proposed schedule and to acquire additional data and public
comments.
    The Coast Guard received four responses to the SNPRM and the second
temporary deviation, one each by letter and to the Web site at
www.regulations.gov along with two emails, all of which were considered
in the interim rule (77 FR 52599, August 30, 2012).
    The VMA, which represents waterborne commerce in the Port of
Hampton Roads, responded in writing with its support of the revised
regulation and its statement that the current operating regulation
incorporates the minimum degree of flexibility that the maritime
industry can accept. VDOT also indicated that the new Berkley Bridge
operating regulation had improved the flow of vehicular traffic while
still meeting the minimum needs of navigation.
    VMA, VDOT and two private citizens expressed concerns about
unscheduled openings that caused vehicular traffic congestion. The
unscheduled openings were provided for Government vessels and vessels
with a draft of 18 feet or more that provided at least 6 hours advance
notice and for vessels hauling dangerous cargo.
    The Coast Guard reviewed the bridge data supplied by VDOT. The
information indicated that during the deviation test period (from March
10, 2010, to September 3, 2010), that a total of 260 potential bridge
openings for vessels could have been provided Monday through Friday,
except Federal holidays, at 9 a.m., 11 a.m., 1 p.m. and 2:30 p.m. The
data showed the bridge only opened 88 times of the 260 potential
openings. The data also revealed that seven bridge openings were
provided just about 15 minutes past the scheduled opening time at 9
a.m., 11 a.m. and 1 p.m. and that the average opening usually lasted 12
minutes; a later opening at 2:30 p.m. would add to the traffic
congestion during the rush hour. However, due to good communication
with the general public by using road signs and broadcasts, there was
only one opening

that occurred after 2:45 p.m. A majority of those openings were
provided primarily for commercial vessels, with a maximum of four
vessels transiting through a single bridge opening. The subsequent
changes to the operating procedures appear to have reduced vehicular
traffic congestion while still providing for the reasonable needs of
navigation. Based on the information provided, the revised temporary
rule was implemented with no changes to the SNPRM.
    Between October 2010 and January 2012, from 9 a.m. and 3 p.m.,
according to data provided by VDOT, the Berkley Bridge averaged
approximately 6,533 vehicles per hour which ranks it among the most
heavily traveled routes in the region (See Table B).

                                                     Table B--Average Daily Vehicular Traffic Count
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Hourly total                           Oct 2010        Jan 2011        May 2011        Aug 2011        Jan 2012         Average
--------------------------------------------------------------------------------------------------------------------------------------------------------
9AM-10AM................................................           6,509           6,230           6,545           6,335           5,956           6,315
10AM-11AM...............................................           6,248           6,074           6,362           6,383           5,898           6,193
11AM-12PM...............................................           6,443           6,008           6,457           6,439           5,927           6,255
12PM-1PM................................................           6,714           6,583           6,781           6,780           6,283           6,628
1PM-2PM.................................................           6,860           6,345           6,766           6,760           6,249           6,596
2PM-3PM.................................................           7,330           7,133           7,361           7,210           7,032           7,213
    Total...............................................          40,103          38,373          40,270          39,906          37,345          39,199
--------------------------------------------------------------------------------------------------------------------------------------------------------
Overall hourly average--6,533.

    The temporary regulation schedule provided four bridge lift
opportunities each weekday between 9 a.m. and 3 p.m. This equated to a
maximum of 88 lifts per month (assuming 22 workdays per month). Since
October 2010, there has been an average of only 24 requested lifts per
month--a usage rate of only 27% of capacity (See Table C).

                                                             Table C--Bridge Opening Counts
--------------------------------------------------------------------------------------------------------------------------------------------------------
 2010    2010    2010    2011    2011    2011    2011    2011    2011    2011    2011    2011    2011    2011    2011    2012   2012
-------------------------------------------------------------------------------------------------------------------------------------  Monthly   Total
  Oct     Nov     Dec     Jan     Feb     Mar     Apr     May     Jun     Jul     Aug     Sep     Oct     Nov     Dec    Jan    Feb    average
--------------------------------------------------------------------------------------------------------------------------------------------------------
   30      15      23      28      27      29      23      22      28      20       9      21      19      34      15     23     35      23.6       401
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                             Bridge Opening Average Duration
                                                                      [In minutes]
--------------------------------------------------------------------------------------------------------------------------------------------------------
  2010     2010     2010     2011     2011     2011     2011    2011    2011    2011    2011    2011    2011    2011    2011    2012    2012
----------------------------------------------------------------------------------------------------------------------------------------------  Monthly
  Oct      Nov      Dec      Jan      Feb      Mar      Apr      May     Jun     Jul     Aug     Sep     Oct     Nov     Dec     Jan     Feb    average
--------------------------------------------------------------------------------------------------------------------------------------------------------
  10.0      9.9      9.7      8.9      9.4      9.1      9.0     8.9    10.2    10.1     9.3    10.0     9.1     9.1     8.7    10.1    12.3        9.6
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Prior to execution of the temporary regulation period, the average
duration of a bridge lift was approximately 15 minutes. Throughout the
same periods, the average duration of bridge lifts has been 9.6
minutes--a reduction of 5.4 minutes per lift.
    The temporary closures of two Norfolk-area bridges, forced
increased use of the Berkley Bridge by vehicular traffic. Now with
those bridges completed there is some temporary traffic relief, but
VDOT suggests that the Berkley Bridge and its approaches will still
experience back-ups, delays, and congestion, due to increased traffic
and population growth. The Hampton Roads Planning District Commission
projected a population growth of 31% by 2034. This continued increase
in traffic volume in Norfolk and at the Berkley Bridge is not expected
to decrease in the future. The interim rule draw opening schedule has
helped to decrease the average bridge opening times, and the rule has
led to only 27% of the available opening time being utilized by
mariners. Adopting the interim rule as final will help to mitigate
future adverse impacts caused by the increased traffic congestion.
    Assuming no reduction in maritime traffic volume, this reduction in
lift duration has resulted in a significant efficiency increase in the
use of time the bridge is actually opened for vessels and a significant
reduction in delays to vehicular traffic during vessel openings. The
reduction in lift duration combined with the predictability of
scheduled lifts optimally balances the competing demands of both road
and waterway users.

C. Discussion of Comments, Changes, and the Final Rule

    The Coast Guard is adopting as final the interim rule (77 FR 52604,
August 30, 2012) without changes, permanently amending the regulations
governing the Berkley Bridge, mile 0.4, at Norfolk, Virginia, at 33 CFR
117.1007, by revising paragraph (b)(2) to read as follows: The draw
shall open on signal at any time for vessels carrying, in bulk, cargoes
regulated by 46 CFR subchapters D or O, or Certain Dangerous Cargoes as
defined in 33 CFR 160.204; For all other vessels, the draw shall open
on signal at any time, except from 5 a.m. to 7 p.m., Monday through
Friday, except Federal holidays. During these times, the draw shall
open for commercial vessels with a draft of 18 feet or more, provided
at least 6 hours notice was given to the Berkley Bridge Traffic Control
room at<PHONE_NUMBER>; open on signal at 9 a.m., 11 a.m., 1 p.m. and
2:30 p.m.; and if the bridge is not opened during a particular
scheduled opening and a vessel has made prior arrangements for a
delayed opening, the draw tender may provide a single opening up to 30
minutes past that scheduled opening time for that signaling vessel,
except at 2:30 p.m. The draw tender may provide a single opening up to
20 minutes past the 2:30 p.m. scheduled opening time for a

signaling vessel that made prior arrangements for a delayed opening. A
vessel may make prior arrangements for a delayed opening by contacting
the Berkley Bridge Traffic Control room at<PHONE_NUMBER>.
    The Coast Guard believes that this permanent change is necessary to
help reduce current and future vehicular traffic congestion throughout
the day and during rush hour time periods. Results of studies conducted
since the temporary regulation went into effect in September 2010
confirm that scheduled lifts have decreased congestion without
negatively impacting waterway users. Scheduled lifts, according to the
statistics, are currently being utilized well under capacity by the
maritime public. Furthermore, waterway users are accustomed to this
schedule, as it has been in effect since September 2010.
    The Coast Guard provided 32 days for comment on the interim rule
and received 545 total comments (533 public e-comments from
www.regulations.gov, 11 phone calls, and one email message). Of the 545
comments, 544 overwhelmingly supported the regulation, and only one
individual wanted the bridge to open on demand. Several of the 544
supporting comments wanted the schedule to be stricter on navigation by
only allowing openings at night, or by lessening the number of openings
during the day, or by adjusting the scheduled opening time by fifteen
minutes to avoid additional rush hour impacts.
    There were two comments from known waterway users. The first
commenter, whose business is located along the Eastern Branch of the
Elizabeth River, opined that the interim opening schedule to be a
reasonable compromise and should be retained. The second commenter
stated that all drawbridges should open on-demand due to the excessive
expense put on mariners while waiting hours for a few commuters.
    As previously stated, the vast majority of respondents supported
the predictability of scheduled lifts during the day that will
optimally balances the competing demands of both waterway users and the
excessively high numbers of vehicles on the roadway.

D. Regulatory Analyses

    We developed this final rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders.
    We reached this conclusion based on the fact that the changes have
only a minimal impact on maritime traffic transiting the bridge.
Mariners can plan their trips in accordance with the scheduled bridge
openings, to minimize delays. This regulation will allow the provisions
of the interim rule to be made permanent.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 received 0 comments from the Small Business
Administration on this rule. 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.
    This action will not have a significant economic impact on a
substantial number of small entities because the rule only adds minimal
restrictions to the movement of navigation, in allowing four scheduled
openings during the day. Mariners who plan their transits in accordance
with the scheduled bridge openings can minimize delay. Additionally,
vessels that can pass under the bridge without a bridge opening may do
so at all times. Before the effective period, we will issue maritime
advisories widely available to users of the river.

3. 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 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,
above.
    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.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This rule would not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This 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.

10. Protection of Children

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

11. Indian Tribal Governments

    This 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.

12. Energy Effects

    We have analyzed this 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.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, and Commandant Instruction M16475.lD which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded under figure 2-1,
paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
For the reasons discussed in the preamble, under the authority of 33
U.S.C. 499; 33 CFR 1.05-1; and Department of Homeland Security
Delegation No. 0170.1, the interim rule amending 33 CFR part 117 that
was published at 77 FR 52604 on August 30, 2012, is adopted without
change as a final rule.

    Dated: February 28, 2013.
Steven H. Ratti,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2013-06428 Filed 3-19-13; 8:45 am]
BILLING CODE 9110-04-P