[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Rules and Regulations]
[Pages 60860-60862]
[FR Doc No: 2017-27677]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31169; Amdt. No. 3778]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule amends, suspends, or removes Standard Instrument
Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures for operations at certain airports. These
regulatory actions are needed because of the adoption of new or revised
criteria, or because of changes occurring in the National Airspace
System, such as the commissioning of new navigational facilities,
adding new obstacles, or changing air traffic requirements. These
changes are designed to provide for the safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective December 26, 2017. The compliance date
for each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of December 26, 2017.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001;

    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center online at nfdc.faa.gov
to register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedure
Standards Branch (AFS-420) Flight Technologies and Procedures Division,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20.
The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained on FAA form documents is
unnecessary.
    This amendment provides the affected CFR sections, and specifies
the SIAPs and Takeoff Minimums and ODPs with their applicable effective
dates. This amendment also identifies the airport and its location, the
procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPs, Takeoff
Minimums and ODPs as identified in the amendatory language for part 97
of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on the
criteria contained in the U.S. Standard for Terminal Instrument
Procedures (TERPS). In developing these changes to SIAPs and Takeoff
Minimums and ODPs, the TERPS criteria were applied only to specific
conditions existing at the affected airports. All SIAP amendments in
this rule have been previously issued by the FAA in a FDC NOTAM as an
emergency action of immediate flight safety relating directly to
published aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff
Minimums and ODP amendments require making them effective in less than
30 days.
    Because of the close and immediate relationship between these
SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find
that notice and public procedure under 5 U.S.C. 553(b) are
impracticable and contrary to the public interest and, where
applicable, under 5 U.S.C. 553(d), good cause exists for making these
SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on December 1, 2017.
John S. Duncan,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal regulations, part 97, (14 CFR part 97), is amended by
amending Standard Instrument Approach Procedures and Takeoff Minimums
and ODPs, effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114,
40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

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     AIRAC  date           State              City                 Airport         FDC No.    FDC date                       Subject
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1-Feb-18.............  ND             Grand Forks.........  Grand Forks Intl....     7/0618   11/28/17  ILS OR LOC RWY 35L, Amdt 12A.
1-Feb-18.............  AK             Palmer..............  Palmer Muni.........     7/1266   11/28/17  RNAV (GPS) RWY 9, Amdt 1B.
1-Feb-18.............  AK             Palmer..............  Palmer Muni.........     7/1268   11/28/17  RNAV (GPS)-A, Orig-A.
1-Feb-18.............  IL             Moline..............  Quad City Intl......     7/1731   11/28/17  RNAV (GPS) RWY 27, Amdt 1B.

1-Feb-18.............  IL             Moline..............  Quad City Intl......     7/1733   11/28/17  RNAV (GPS) RWY 9, Amdt 1B.
1-Feb-18.............  OR             Corvallis...........  Corvallis Muni......     7/2996   11/28/17  ILS OR LOC RWY 17, Amdt 4.
1-Feb-18.............  NJ             Newark..............  Newark Liberty Intl.     7/3029   11/28/17  RNAV (GPS) RWY 4L, Amdt 2C.
1-Feb-18.............  IL             Belleville..........  Scott AFB/MidAmerica     7/4638   11/28/17  RNAV (GPS) RWY 32R, Orig-D.
1-Feb-18.............  TX             Beaumont/Port Arthur  Jack Brooks Rgnl....     7/4714   11/28/17  ILS OR LOC RWY 12, Amdt 23B.
1-Feb-18.............  CT             Groton (New London).  Groton-New London...     7/5034   11/28/17  RNAV (GPS) RWY 5, Orig-E.
1-Feb-18.............  OK             Perry...............  Perry Muni..........     7/5421   11/28/17  VOR/DME RWY 17, Amdt 3B.
1-Feb-18.............  MT             Stevensville........  Stevensville........     7/6446   11/28/17  RNAV (GPS)-A, Orig-C.
1-Feb-18.............  ND             Rolla...............  Rolla Muni..........     7/6537   11/28/17  RNAV (GPS) RWY 32, Orig-A.
1-Feb-18.............  NJ             Newark..............  Newark Liberty Intl.     7/7200   11/28/17  ILS OR LOC RWY 11, Amdt 2D.
1-Feb-18.............  NJ             Newark..............  Newark Liberty Intl.     7/7201   11/28/17  RNAV (GPS) RWY 11, Orig-E.
1-Feb-18.............  NJ             Newark..............  Newark Liberty Intl.     7/7204   11/28/17  RNAV (GPS) RWY 22R, Amdt 1D.
1-Feb-18.............  NJ             Newark..............  Newark Liberty Intl.     7/7208   11/28/17  RNAV (GPS) X RWY 29, Orig.
1-Feb-18.............  NJ             Newark..............  Newark Liberty Intl.     7/7210   11/28/17  RNAV (GPS) Y RWY 4R, Amdt 1E.
1-Feb-18.............  NJ             Newark..............  Newark Liberty Intl.     7/7211   11/28/17  RNAV (GPS) Z RWY 22L, Amdt 2A.
1-Feb-18.............  NJ             Newark..............  Newark Liberty Intl.     7/7214   11/28/17  ILS OR LOC RWY 22L, ILS RWY 22L (SA CAT I), ILS
                                                                                RWY 22L (CAT II AND III), Amdt 13B.
1-Feb-18.............  NJ             Newark..............  Newark Liberty Intl.     7/7218   11/28/17  ILS OR LOC RWY 4R, ILS RWY 4R (CAT II AND III),
                                                                                Amdt 13.
1-Feb-18.............  NJ             Newark..............  Newark Liberty Intl.     7/7220   11/28/17  ILS OR LOC RWY 4L, ILS RWY 4L (SA CAT I AND II),
                                                                                Amdt 15.
1-Feb-18.............  NJ             Newark..............  Newark Liberty Intl.     7/7225   11/28/17  VOR RWY 11, Amdt 2D.
1-Feb-18.............  NJ             Newark..............  Newark Liberty Intl.     7/7316   11/28/17  ILS OR LOC RWY 22R, Amdt 6A.
1-Feb-18.............  PA             Reedsville..........  Mifflin County......     7/7469   11/28/17  RNAV (GPS) RWY 24, Orig-A.
1-Feb-18.............  TX             Pecos...............  Pecos Muni..........     7/9148   11/28/17  RNAV (GPS) RWY 32, Orig-A.
1-Feb-18.............  NJ             Newark..............  Newark Liberty Intl.     7/9751   11/28/17  GLS RWY 22R, Orig-D.
1-Feb-18.............  NJ             Newark..............  Newark Liberty Intl.     7/9752   11/28/17  GLS RWY 22L, Orig-C.
1-Feb-18.............  NJ             Newark..............  Newark Liberty Intl.     7/9753   11/28/17  GLS RWY 4L, Orig-D.
1-Feb-18.............  MD             Easton..............  Easton/Newnam Field.     7/9798   11/28/17  ILS OR LOC RWY 4, Amdt 2.
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[FR Doc. 2017-27677 Filed 12-22-17; 8:45 am]
 BILLING CODE 4910-13-P


Roundtable Discussion Summaries Amargosa Valley 10/ 3/ 05: Key Questions Raised During Roundtable Discussion

What is the " worst case release" for the facility?

If workers can face up to 500 millirems/ year why is the public limit 350/ year? ( What is the threshold of negative health effects?)

What limit did the NAS recommend?

15 millirem additional to what?

How did EPA go from 15 to 350, and aren't we talking about these numbers in addition to natural background levels?

Has EPA done the calculations to estimate occurrences of cancer due to exposure from Yucca Mountain?

How well can it be demonstrated that the facility will actually meet the limits?

Why wasn't local data on radon levels used?

What was the background in Carlsbad prior to WIPP and what they are now? ( With WIPP in operation?)

What effect does the old NRDS project have on levels today?

Why isn't it safe to be exposed to 350 millirems today if it is safe in 10,000 years?

What is the standard of what is safe for my body   today or in the future?

What is the groundwater standard for the first 10,000 years and why isn't there one after that?

10/ 3/ 05: Key Roundtable Comments

Record of 110 millirems/ year in Amargosa ( plus radon 200 millirems)

We are far below national average

Value Mountain on a spiritual level.

Emphasis on " long time" misleading   issue is how well DOE understands the site.

DOE must provide credible science evidence that it can be met such that Yucca does not create unacceptable doses.

Need to get a real number for background in Amargosa.

Making this hard by fighting for the 15 mR   the burden of proof should be on DOE.

EPA should only have burden to what is safe.

Not true that no one will receive a dose above background   calculation is a median, not a ceiling.

NRDS has been included in background.

Doorman at the Waldorf Astoria gets a higher dose than rad worker from granite.

Big difference between WIPP and Yucca: no one drinks from groundwater at WIPP, and Yucca has large dairy and wells.

Las Vegas 10/ 4/ 05: Key Questions Raised During Roundtable Discussion

Why aren't the recommendations of the Bier Report incorporated into the Standards?

What scientific justification is there for limits on radioactivity in water?

Is EPA considering the effects of different types of radiation?

What is acceptable incidence of disease/ sickness from lead, asbestos?

Why 350?

Why does EPA use Colorado as a comparison?

Why aren't workers treated as members of the public?

Why can't we have a rule that any subs in violation of standards lose their contract?

The safest item on the list is living next to a nuclear power plant, so why are we moving waste from there?

10/ 4/ 05: Key Roundtable Comments

The Shoshone do not want to accept money to agree to accept nuclear waste on their traditional lands. Waste should be buried at the location where it originated.

There is a lack of logic in the increased limit ( 350 millirem). EPA is raising the cancer risk through this increase. People are not any more capable of withstanding that amount in the future.

It's clear that the public comments don't matter, since the NRC is already writing their standards based on EPA's " proposed" standards.

EPA has said that doses of over 100 millirems/ year produce " unacceptable risk" so a dose of 350 is unacceptable to the public.

Sound science and protecting public health are not synonymous with Bush administration.

Nevada says no. The is similar to tobacco industry, who said tobacco was safe

No risk is acceptable. No Nevada resident wants to live near a nuclear dump.

It is not fair that Utah got rid of its plans for nuclear waste, but NV can't.

Tribal people nearby Yucca Mountain bear a disproportionate burden for the radioactivity that comes from the nuclear waste.

The Government does not protect Native Peoples from radiation. They cannot " just move away."

The land needs to be kept as clean and healthy as possible   you can't fix it if it's damaged.

Many people who will be injured by the Yucca Mountain Project will not be able to fight for their rights.

Workers or subcontractors on the project should be protected like the public.

If subcontractors violate codes of conduct they should automatically lose their contracts.

How can EPA know what background radiation levels will be like in 10,000 years?

There should be an additional 30 days for tribal people to consult with EPA   and a meeting in Elko.

There is too much uncertainty involved in ensuring the facility can meet its limits.

The Federal Register states that this ruling does not affect tribes   which is wrong.

The comment period needs to be extended for a long time in order to engage tribes who don't use the science that government uses.

Groundwater is the most important receptor, not background levels of radiation, as a benchmark.


[Federal Register Volume 84, Number 121 (Monday, June 24, 2019)]
[Rules and Regulations]
[Pages 29376-29378]
[FR Doc No: 2019-13133]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0367]
RIN 1625-AA00

Safety Zone; Tuskegee Airmen River Days Air Show, Detroit River,
Detroit, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters in the vicinity of Detroit, MI. This zone is necessary
to protect spectators and vessels from potential hazards associated
with the Tuskegee Airmen River Days Airshow.

DATES: This temporary final rule is effective from 12:30 p.m. on June
21, 2019 until 8 p.m. on June 24, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0367 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Tracy Girard, Prevention Department,
Sector Detroit, Coast Guard; telephone<PHONE_NUMBER>, or email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b) (B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
Coast Guard did not receive the final details of this air show in time
to publish an NPRM. As such, it is impracticable to publish an NPRM
because we lack sufficient time to provide a reasonable comment period
and then consider those comments before issuing the rule and immediate
action is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone while the
airshow is conducted.
    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 inhibit the Coast Guard's ability to protect
participants, mariners and vessels from the hazards associated with
this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Detroit
(COTP) has determined that an aircraft aerial display proximate to a
gathering of watercraft poses a significant risk to public safety and
property. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone while
the airshow is being displayed.

IV. Discussion of the Rule

    This rule establishes a safety zone from 12:30 p.m. on June 21,
2019 until 8 p.m. on June 24, 2019. The safety zone will encompass all
U.S. navigable waters of the Detroit River between the following two
lines extending from 70 feet off the bank to the US/Canadian
demarcation line: The first line is drawn directly across the channel
at position 42[deg]18.995' N, 083[deg] 04.285' W (NAD 83); the second
line, to the east, is drawn directly across the channel at position
42[deg]19.574' N 083[deg]02.622' W (NAD 83). No vessel or person will
be permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of the Detroit River for no more than
four hours per day from 12:30 p.m. on June 21, 2019 until 8 p.m. June
24, 2019. Moreover, the Coast Guard will issue Broadcast Notice to
Mariners (BNM) via VHF-FM marine channel 16 about the zone and the rule
allows vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone lasting two hours that
will prohibit entry into a designated area. It is categorically
excluded from further review under paragraph L60(a) in Table 3-1 of
U.S. Coast Guard Environmental Planning Implementing Procedures 5090.1.
A Record of Environmental Consideration supporting this determination
is available in the docket where indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T09-0367 to read as follows:

Sec.  165.T09-2019-0367   Safety Zone; Tuskegee Airmen River Days Air
show, Detroit River, Detroit, MI.

    (a) Location. The safety zone will encompass all U.S. navigable
waters of the Detroit River between the following two lines extending
from 70 feet off the bank to the US/Canadian demarcation line: the
first line is drawn directly across the channel at position
42[deg]18.995' N, 083[deg] 04.285' W (NAD 83); the second line, to the
east, is drawn directly across the channel at position 42[deg]19.574' N
083[deg]02.622' W (NAD 83).
    (b) Enforcement period. The regulated area described in paragraph
(a) will be enforced from 12:30 p.m. through 3 p.m. on June 21, 2019; 3
p.m. through 5:30 p.m. on June 22, 2019 and June 23, 2019; and 4 p.m.
until 8 p.m. on June 24, 2019.
    (c) Regulations. (1) No vessel or person may enter, transit
through, or anchor within the safety zone unless authorized by the
Captain of the Port Detroit (COTP), or his on-scene representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or his on-scene representative.
    (3) The ``on-scene representative'' of COTP is any Coast Guard
commissioned, warrant or petty officer or a Federal, State, or local
law enforcement officer designated by or assisting the Captain of the
Port Detroit to act on his behalf.
    (4) Vessel operators shall contact the COTP or his on-scene
representative to obtain permission to enter or operate within the
safety zone. The COTP or his

on-scene representative may be contacted via VHF Channel 16 or at 313-
568-9464. Vessel operators given permission to enter or operate in the
regulated area must comply with all directions given to them by the
COTP or his on-scene representative.

    Dated: June 14, 2019.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2019-13133 Filed 6-21-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Notices]
[Pages 51332-51334]
[FR Doc No: 2015-20793]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75717; File No. SR-BYX-2015-35]

Self-Regulatory Organizations; BATS Y-Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Rule 11.22 To Describe the Market Data Product BYX Book Viewer

August 18, 2015.
    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 August 7, 2015, BATS Y-Exchange, Inc. (the ``Exchange'' or
``BYX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend Rule 11.22 to describe a
market data product known as BYX Book Viewer.
    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, 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 parts of such
statements.

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

1. Purpose
    The Exchange proposes to add language to Rule 11.22 describing a
market data product known as BYX Book Viewer. The proposal memorializes
in the Exchange's rules a data feed that is currently available through
the Exchange's public Web site free of charge. BYX Book Viewer is a
data feed that disseminates, on a real-time basis, the aggregated two-
side quotations for up to five (5) price levels for all displayed
orders for securities traded on the Exchange and for which the
Exchanges reports quotes under the Consolidated Tape Association
(``CTA'') Plan or the Nasdaq/UTP Plan. BYX Book Viewer also contains
the last ten (10) trades including time of trade, price and share
quantity. BYX Book Viewer is currently available via
www.batstrading.com without charge. The Exchange will file a separate
proposed rule change with the Commission proposing fees to be charged
for certain types of access to BYX Book Viewer as of September 1,
2015.\5\
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    \5\ The Exchange understands that its affiliated exchanges
intend to file identical proposed rule changes to adopt rules and
fees for the Book Viewer data feed with the Commission. The
Exchange's affiliates are EDGA Exchange, Inc., EDGX Exchange, Inc.
and BATS Exchange, Inc.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with section 6(b) of the Act,\6\ in general, and furthers the
objectives of section 6(b)(5) of the Act,\7\ in particular, in that it
is 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 to protect investors and the public
interest, and that it is not designed to permit unfair discrimination
among customers, brokers, or dealers. This proposal is in keeping with
those principles in that it promotes increased transparency through the
dissemination of BYX Book Viewer. The Exchange also believes this
proposal is consistent with section 6(b)(5) of the Act because it
protects investors and the public interest and promotes just and
equitable principles of trade by providing investors with an
alternative for receiving market data as requested by market data
vendors and purchasers that expressed an interest in exchange-only data
for instances where consolidated data is no longer required to be
purchased and displayed. The proposed rule change would benefit
investors by facilitating their prompt access to real-time depth-of-
book information contained in BYX Book Viewer. The proposed rule change
also removes impediments to and perfect the mechanism of a free and
open market and a national market system by memorializing in the
Exchange's rules a data feed that is currently available through the
Exchange's public Web site free of charge.
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    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(5).
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    The Exchange also believes that the proposed rule change is
consistent with section 11(A) of the Act \8\ in that it supports (i)
fair competition among

brokers and dealers, among exchange markets, and between exchange
markets and markets other than exchange markets and (ii) the
availability to brokers, dealers, and investors of information with
respect to quotations for and transactions in securities. Furthermore,
the proposed rule change is consistent with Rule 603 of Regulation
NMS,\9\ which provides that any national securities exchange that
distributes information with respect to quotations for or transactions
in an NMS stock do so on terms that are not unreasonably
discriminatory. BYX Book Viewer is accessed and subscribed to on a
voluntary basis, in that neither the Exchange nor market data
distributors are required by any rule or regulation to make this data
available. Accordingly, distributors and subscribers can discontinue
use at any time and for any reason.
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    \8\ 15 U.S.C. 78k-1.
    \9\ See 17 CFR 242.603.
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    In adopting Regulation NMS, the Commission granted self-regulatory
organizations and broker-dealers increased authority and flexibility to
offer new and unique market data to consumers of such data. It was
believed that this authority would expand the amount of data available
to users and consumers of such data and also spur innovation and
competition for the provision of market data. The Exchange believes
that the data products proposed herein are precisely the sort of market
data products that the Commission envisioned when it adopted Regulation
NMS. The Commission concluded that Regulation NMS--by lessening
regulation of the market in proprietary data--would itself further the
Act's goals of facilitating efficiency and competition:

    [E]fficiency is promoted when broker-dealers who do not need the
data beyond the prices, sizes, market center identifications of the
NBBO and consolidated last sale information are not required to
receive (and pay for) such data. The Commission also believes that
efficiency is promoted when broker-dealers may choose to receive
(and pay for) additional market data based on their own internal
analysis of the need for such data.\10\
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    \10\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496 (June 29, 2005) (File No. S7-10-04).

    By removing ``unnecessary regulatory restrictions'' on the ability
of exchanges to sell their own data, Regulation NMS advanced the goals
of the Act and the principles reflected in its legislative history.
    In addition, BYX Book Viewer removes impediments to and perfects
the mechanism of a free and open market and a national market system
because BYX Book Viewer provides investors with alternative market data
and competes with similar market data product currently offered by the
New York Stock Exchange, Inc. (``NYSE'') and the Nasdaq Stock Market
LLC (``Nasdaq'').\11\ The provision of new options for investors to
receive market data was a primary goal of the market data amendments
adopted by Regulation NMS.\12\ BYX Book Viewer is precisely the sort of
market data product that the Commission envisioned when it adopted
Regulation NMS.
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    \11\ See Nasdaq Rule 7023(a)(1)(C) (describing Nasdaq TotalView
is a depth-of-book data feed that includes all orders and quotes
from all Nasdaq members displayed in the Nasdaq Market Center as
well as the aggregate size of such orders and quotes at each price
level in the execution functionality of the Nasdaq Market Center).
See also Nasdaq Book Viewer, a description of which is available at
https://data.nasdaq.com/Book Viewer.aspx (last visited July 29,
2015). See NYSE OpenBook available at http://www.nyxdata.com/openbook (last visited July 29m 2015) (providing real-time view of
the NYSE limit order book). See e.g., Securities Exchange Act
Release No. 71775 (March 24, 2014), 79 FR 17627 (March 28, 2014)
(SR-CBOE-2014-021) (Notice of Filing and Immediate Effectiveness of
Proposed Rule Change Related to the CBSX BBO Data Feed and the New
CBSX Book Depth Data Feed).
    \12\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, at 37503 (June 29, 2005) (Regulation NMS
Adopting Release).
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The proposal is
not intended to address any competitive issues, but rather to
memorialize in the Exchange's rules a data feed that is currently
available through the Exchange's public Web site free of charge.
Nonetheless, the Exchange believes that the proposal will promote
competition by the Exchange offering a service similar to that offered
by the NYSE and Nasdaq.\13\ Thus, the Exchange believes this proposed
rule change is necessary to permit fair competition among national
securities exchanges. Therefore, the Exchange does not believe the
proposed rule change will result in any burden on competition that is
not necessary or appropriate in furtherance of the purposes of the Act.
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    \13\ See supra note 11.
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(C) Self-Regulatory Organization's Statement on Comments on the
Proposed Rule Change Received From Members, Participants or Others

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

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

    The Exchange has designated this rule filing as non-controversial
under section 19(b)(3)(A) of the Act \14\ and paragraph (f)(6) of Rule
19b-4 thereunder.\15\ The proposed rule change effects a change that:
(A) Does not significantly affect the protection of investors or the
public interest; (B) does not impose any significant burden on
competition; and (C) by its terms, does not become operative for 30
days after the date of the filing, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest; provided that the self-regulatory organization
has given the Commission written notice of its intent to file the
proposed rule change, along with a brief description and text of the
proposed rule change, at least five business days prior to the date of
filing of the proposed rule change, or such shorter time as designated
by the Commission.\16\
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4.
    \16\ The Exchange has fulfilled this requirement.
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    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: (1)
Necessary or appropriate in the public interest; (2) for the protection
of investors; or (3) otherwise in furtherance of the purposes of the
Act. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-BYX-2015-35 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 No. SR-BYX-2015-35. This file
number

should be included on the subject line if email is used. To help the
Commission process and review your comments more efficiently, please
use only one method. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing will also 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 No. SR-BYX-2015-35 and should be
submitted on or before September 14, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-20793 Filed 8-21-15; 8:45 am]
BILLING CODE 8011-01-P