[Federal Register Volume 85, Number 221 (Monday, November 16, 2020)]
[Rules and Regulations]
[Pages 72968-72971]
[FR Doc No: 2020-23420]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2019-0384; FRL-10012-78]

Indoxacarb; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of the
insecticide indoxacarb in or on Almond, hulls at 8 parts per million
(ppm) and Nut, tree, group 14-12 at 0.08 ppm. FMC Corporation requested
tolerances for these commodities under the Federal Food, Drug, and
Cosmetic Act (FFDCA).

DATES: This regulation is effective November 16, 2020. Objections and
requests for hearings must be received on or before January 15, 2021,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2019-0384, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Acting Director,
Registration Division (7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Avenue NW,
Washington, DC 20460-0001; main telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Publishing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2019-0384 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing and must be received by the Hearing Clerk on or before
January 15, 2021. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2019-0384, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.

    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of February 11, 2020 (85 FR 7708) (FRL-
10005-02), EPA issued a document pursuant to FFDCA section 408(d)(3),
21 U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
9F8774) by FMC Corporation, 2929 Walnut Street, Philadelphia, PA 19104.
The petition requested that 40 CFR 180.564 be amended by establishing
tolerances for residues of the insecticide indoxacarb, [(S)-methyl 7-
chloro-2,5-dihydro-2-[[(methoxycarbonyl)[4-(trifluoromethoxy)-
phenyl]amino]carbonyl]indeno[1,2e][1,3,4]oxadiazine-4a(3H)-
carboxylate], and its R-enantiomer [(R)-methyl 7 chloro-2,5-dihydro-
2[[(methoxycarbonyl)[4-(trifluoromethoxy)phenyl] amino]carbonyl]indeno
[1,2-e][1,3,4]oxadiazine-4a(3H)-carboxylate], in or on Almond, hulls at
9 parts per million (ppm) and Nut, tree, group 14-12 at 0.07 ppm. That
document referenced a summary of the petition prepared by FMC
Corporation, the registrant, which is available in the docket, http://www.regulations.gov. No public comments were received in response to
the notice of filing.
    Based upon review of the data supporting the petition and in
accordance with its authority under FFDCA section 408(d)(4)(A)(i), EPA
is establishing tolerances that vary from what the petitioners sought.
The reasons for these changes are explained in detail in Unit IV.C.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of the FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of the FFDCA defines ``safe'' to mean that ``there is
a reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings but does not include occupational exposure.
Section 408(b)(2)(C) of the FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue . .
. .''
    Consistent with FFDCA section 408(b)(2)(D) and the factors
specified therein, EPA has reviewed the available scientific data and
other relevant information in support of this action. EPA has
sufficient data to assess the hazards of and to make a determination on
aggregate exposure for indoxacarb in or on almond, hulls and nut, tree,
group 14-12.
    In the Federal Register on December 8, 2017 (82 FR 57860) (FRL-
9970-39), EPA published a final rule establishing a tolerance for
residues of the insecticide indoxacarb in or on corn, field, forage;
corn, field, grain; and corn, field, stover based on the Agency's
determination that aggregate exposure to indoxacarb is safe for the
U.S. general population, including infants and children. Because
certain elements of EPA's assessment of exposures and risks associated
with indoxacarb have not changed since the 2017 rule was published, EPA
is incorporating the following portions of the 2017 rule as part of
this rulemaking: the toxicological profile and points of departure/
levels of concern.

A. Exposure Assessment

    EPA has updated the exposure assessments of indoxacarb to estimate
exposures that will result from the current and proposed new uses of
indoxacarb in or on almond, hulls and nut, tree, group 14-12, as
described below. Based on the current and proposed uses of indoxacarb,
exposures can occur both from dietary sources (food + water) and in
residential settings. An updated 2020 drinking water assessment
utilized a total residue modeling approach to account for the
environmental fate and transport of indoxacarb plus its degradation
products of concern. Notwithstanding the updated 2020 drinking water
assessment, the exposure estimates generated in the 2017 drinking water
assessment are protective of the estimates generated from the proposed
use of indoxacarb on tree nuts. Surface water estimated drinking water
concentrations (EDWCs) were lower than the corresponding ground water
EDWCs (acute EDWC of 131 parts per billion (ppb) and a chronic EDWC of
123 ppb), which were used in the partially refined acute probabilistic
and chronic dietary exposure assessments of indoxacarb, respectively.
In addition, for food commodities, residue distribution files were
constructed from field trial residues for the probabilistic acute
dietary exposure assessment as appropriate, and average residues were
computed for blended commodities and for the chronic dietary exposure
assessment.
    An updated occupational and residential exposure assessment found
no residential handler risk estimates of concern and there are no
proposed changes to the use pattern which will impact the residential
exposure or aggregate assessments for indoxacarb. For the currently
registered products of indoxacarb: (1) Residential handler inhalation
MOEs are >=92 (LOC = 30) and are not of concern; and (2) there is
potential for residential post-application exposure for individuals
entering an environment previously treated with indoxacarb and/or
contact with treated pets; however, residential post-application MOEs
are >=170 (LOC = 100) and are not of concern.

B. Safety Factor for Infants and Children

    Section 408(b)(2)(C) of the FFDCA provides that EPA shall apply an
additional tenfold (10x) margin of safety for infants and children in
the case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the database on toxicity and exposure
unless EPA determines based on reliable data that a different margin of
safety will be safe for infants and children. This additional margin of
safety is commonly referred to as the FQPA Safety Factor (SF). In
applying this provision, EPA either retains the default value of 10
times, or uses a different additional safety factor when reliable data
available to EPA support the choice of a different factor.
    EPA determined reliable data show the safety of infants and
children would be adequately protected if the FQPA SF were reduced to
1x because: (1) The hazard and exposure databases are complete; (2)
there is no susceptibility in fetuses or offspring in any of the in
utero or postnatal toxicity studies; (3) there are no residual
uncertainties with regard to pre- and/or postnatal toxicity; (4) the
acute neurotoxicity, subchronic neurotoxicity, and developmental
neurotoxicity studies are available and all endpoints used in this risk
assessment are protective of neurotoxic effects; and (5) exposure
estimates will not underestimate actual exposures.

C. Aggregate Risks and Determination of Safety

    For aggregate risk assessment, risk estimates resulting from food,
drinking water, and residential uses are combined. Acute, short- and

intermediate-term, and long-term (chronic) aggregate assessments were
performed for indoxacarb. Partially refined acute probabilistic and
chronic dietary exposure assessments were conducted for all current and
proposed new uses of indoxacarb and were found to not be of concern at
the 99.9th percentile for the U.S. general population and all
population subgroups: 54% of the acute population adjusted dose (aPAD)
for children 1 to 2 years old, the group with the highest exposure
level; and 35% of the chronic population adjusted dose (cPAD) for all
infants, the group with the highest exposure level. Moreover, there are
no acute, short-, intermediate- or long-term (chronic) aggregate risk
estimates of concern for adult or child aggregate exposures to
indoxacarb as a result of the current and proposed new uses of
indoxacarb. For children 1 to 2 years old, the group expected to be the
most highly exposed, the short-term aggregate margin of exposure (MOE)
is 120 and the intermediate-/long-term aggregate MOE is 260. Because
EPA's LOC for indoxacarb is an MOE of 100 or below, these MOEs are not
of concern.
    Indoxacarb is classified as not likely to be carcinogenic to
humans. Therefore, cancer risk is not a concern and cancer risks are
not quantified.
    Based on the risk assessments and information described above, EPA
concludes there is a reasonable certainty that no harm will result to
the U.S. general population, or to infants and children, from aggregate
exposure to indoxacarb residues. More detailed information on the
subject action to establish tolerances in or on almond, hulls and nut,
tree, group 14-12 can be found at http://www.regulations.gov in the
document entitled ``Indoxacarb. Human Health Risk Assessment for
Indoxacarb to Support the Proposed New Use on Almond Hulls and Tree Nut
Group 14-12,'' dated August 20, 2020. This document can be found in
docket ID number EPA-HQ-OPP-2019-0384.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Several adequate methods are available for enforcing indoxacarb
tolerances on both plant and livestock commodities. Because these
methods do not distinguish the indoxacarb enantiomers, they give a
total measure of indoxacarb concentration. For the enforcement of
tolerances established on crops, two high-performance liquid
chromatograph/ultraviolet detection (HPLC/UV) methods are available for
use. The limits of quantitation (LOQs) for these methods range from
0.01 to 0.05 ppm for a variety of plant commodities. A third gas
chromatograph/mass-selective detection (GC/MSD), DuPont method AMR
3493-95 Supplement No. 4, is also available for the confirmation of
residues in plants. In addition, a liquid chromatograph/mass
spectrometer/mass spectrometer (LC/MS/MS) method has been developed and
is considered an improvement to the previously approved enforcement
method, Method DuPont-AMR-2712-93. Method DuPont-36189 has been
determined to be adequate for enforcing tolerances established on crops
and is reported to provide an LOQ of 0.01 ppm.
    These methods may be requested from: Chief, Analytical Chemistry
Branch, Environmental Science Center, 701 Mapes Road, Ft. Meade, MD
20755-5350; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). Codex is a joint United Nations Food and Agriculture
Organization/World Health Organization food standards program, and it
is recognized as an international food safety standards-setting
organization in trade agreements to which the United States is a party.
Although EPA may establish a tolerance that is different from a Codex
MRL, FFDCA section 408(b)(4) requires that EPA explain the reasons for
departing from the Codex level.
    The Codex has not established MRLs for residues of indoxacarb in or
on almond hulls or tree nuts.

C. Revisions to Petitioned-For Tolerances

    The petitioned-for tolerance levels are different from those being
established by EPA. These differences are attributable to the
petitioned-for levels not being consistent with Organization for
Economic Cooperation and Development (OECD) rounding class practice.
The almond, hulls tolerance level is somewhat lower than the
petitioned-for level due to the level calculated with the OECD MRL
calculation procedures. As a result, EPA is establishing a lower
tolerance for almond hulls at 8 ppm based on the FMC data, rather than
the tolerance level of 9 ppm proposed by FMC Corporation.
    A tolerance level of 0.07 ppm was proposed by FMC Corporation for
the tree nut group. EPA is establishing a tolerance level for the tree
nut group at 0.08 ppm based on the MRL calculated for pistachios. The
submitted field trial data for the representative tree nut crops of
almond and pecan also included a full dataset for pistachios, which
yielded the highest MRL in comparison to the almond and pecan
representative crop data. In this instance, EPA considers the pistachio
data acceptable for setting the recommended crop group tolerance on
tree nuts because pistachios are analogous to almonds and share the
same weed and pest pressures, are grown in the same geographic regions
as almonds, and are a leading tree nut production crop based on total
acreage as reported in the 2017 USDA Census of Agriculture report.

V. Conclusion

    Tolerances are established for residues of the insecticide
indoxacarb in or on Almond, hulls at 8 parts per million (ppm) and Nut,
tree group 14-12 at 0.08 ppm.

VI. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d) in
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), nor is it considered a
regulatory action under Executive Order 13771, entitled ``Reducing
Regulations and Controlling Regulatory Costs'' (82 FR 9339, February 3,
2017). This action does not contain any information collections subject
to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501
et seq.), nor does it require any special considerations under
Executive Order 12898, entitled ``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income

Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
Tribal Governments, on the relationship between the National Government
and the States or Tribal Governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian Tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: October 16, 2020.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR chapter I as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.564 amend paragraph (a)(1) by designating the table as
Table 1 paragraph (a)(1) and adding in alphabetical order to newly
designated Table 1 to paragraph (a)(1) the entries ``Almond, hulls''
and ``Nut, tree, group 14-12'' to read as follows:

Sec.  180.564  Indoxacarb; tolerances for residues.

    (a) * * * (1) * * *

                       Table 1 to Paragraph (a)(1)
------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------

                                * * * * *
Almond, hulls..............................................            8

                                * * * * *
Nut, tree, group 14-12.....................................         0.08

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

* * * * *
[FR Doc. 2020-23420 Filed 11-13-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 103 (Tuesday, May 29, 2012)]
[Notices]
[Page 31682]
[FR Doc No: 2012-13012]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

 In the Matter of Indocan Resources, Inc.; Order of Suspension of
Trading

May 24, 2012.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Indocan Resources, Inc. (``IDCN'') because of questions concerning the
adequacy of publicly available information about the company.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed company is suspended for the period from 9:30 a.m. EDT, on
May 24, 2012 through 11:59 p.m. EDT, on June 7, 2012.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-13012 Filed 5-24-12; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register: February 20, 2008 (Volume 73, Number 34)]
[Notices]
[Page 9401]
[DOCID:fr20fe08-139]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

RTCA Special Committee 147 Sixty Seventh Plenary: Minimum
Operational Performance Standards for Traffic Alert and Collision
Avoidance Systems Airborne Equipment

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA Special Committee 147 meeting.

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SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Special Committee 147: Minimum Operational Performance
Standards for Traffic Alert and Collision Avoidance Systems Airborne
Equipment.

DATES: The meeting will be held March 13, 2008 from 9 a.m.-5 p.m.

ADDRESSES: The meeting will be held at RTCA, Inc. 1828 L Street, Suite
805, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW.,
Suite 805, Washington, DC 20036; telephone<PHONE_NUMBER>; fax (202)
833-9434; Web site http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for a Special Committee 147 Meeting and Working Group
75. The agenda will include:

 March 13:
     Opening Plenary Session: (Welcome and Introductory
Remarks, Review/Approval of minutes from 66th SC-147 meeting, Review
Agenda).
     FAA TCAS II Program Office Activities:
     EUROCONTROL TCAS II Program Office Activities.
     Requirements Working Group (RWG) Activities.
     Review and resolution of comments/issues from FRAC.
     Consideration of Final Draft of TCAS MOPS-DO-185B.
     Other WG75 Activities.
     Future Plans for WG-75.
     Future Plans for SC-147.
     Closing Session (Other Business, Future Actions/
Activities, Date and Place of Next Meeting, Adjourn).

    Attendance is open to the interested public but limited to space
availability. With the approval of the chairmen, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on February 11, 2008.
Francisco Estrada C.,
RTCA Advisory Committee.
[FR Doc. 08-732 Filed 2-19-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Rules and Regulations]
[Pages 21888-21893]
[FR Doc No: 2018-10088]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0065]
RIN 1625-AA00

Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring
Safety Zones Update

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending and updating its safety zones
regulations for annual events that take place in the Coast Guard Sector
Ohio Valley area. This action is necessary to update the current list
of recurring safety zones with revisions, additional events, and
removal of events that no longer take place in Sector Ohio Valley. This
regulation restricts vessel traffic from the safety zones during the
events unless authorized by the Captain of the Port Sector Ohio Valley
or a designated representative.

DATES: This rule is effective May 11, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0065 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Joshua Herriott, Sector Ohio Valley, U.S.
Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
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 Captain of the Port Sector Ohio Valley (COTP) is amending 33
CFR 165.801 to update the table of annual fireworks displays and other
marine-related events in Coast Guard Sector Ohio Valley. These events
include air shows, fireworks displays, and other marine related events
requiring a limited access area restricting vessel traffic for safety
purposes.
    On April 3, 2018, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zones; Coast Guard Sector Ohio Valley
Annual and Recurring Safety Zones Update (83 FR 14226). There we stated
why we issued the NPRM, and invited comments on our proposed regulatory
action related to those recurring safety zones. During the comment
period that ended on April 18, 2018, we received eight comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making it effective less than 30 days after publication in
the Federal Register. Delaying the effective date of this rule would be
impracticable and contrary to the public interest because immediate
action is necessary to respond to the potential safety hazards
associated with these marine events.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. Based on the nature of these marine events, large numbers of
participants and spectators, and event locations, the COTP has
determined that the events listed in this rule could pose a risk to
participants or waterways users if the normal vessel traffic were to
interfere with the events. Possible hazards include risks of injury or
death from near or actual contact among participant vessels and
spectators or mariners traversing through the regulated area. This
purpose of this rule is to ensure the safety of all waterway users,
including event participants and spectators, during the scheduled
events.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received eight comments on our NPRM published on
April 3, 2018. Of the eight comments we received, one was unrelated to
this rulemaking and another was a duplicate. Of the six substantive
comments, one commenter was in favor of the rule, two were against the
rule, and the other three expressed confusion as to the times,
locations, effects, alternative routes, and the purpose of the safety
zones.
    Of the two commenters not in favor of this rule, one stated
disagreement with regulatory action generally and one stated that local
authorities should oversee inland waterways. These comments are outside
of the scope of this final rule.
    Two commenters expressed confusion over the events' times and
locations. This rule contains two tables. The first table adds 23 new
safety zones. The second table amends 31 existing safety zones. Each
table contains dates and locations for each event. The Coast Guard will
issue a notice of enforcement for each event, which will contain
specific times of enforcement of each safety zone. In addition, the
Captain of the Port or a designated representative will inform the
public through broadcast notices to mariners of the enforcement period
for the particular safety zone as well as any changes in the planned
schedule. Another commenter expressed confusion over the safety zones'
effects and alternative routes. The effects on environment, Indian
tribes, and small entities are discussed in the preamble of the rule.
In addition, the Coast Guard sought public input as to the same as well
as the effects on the protest activities. As to the alternative routes,
the rule, Sec.  165.801(d), allows persons and vessels desiring to
enter into or passage through the zone to request permission to do so
from the Captain of the Port or a designated representative. Finally,
one other commenter expressed confusion as to the purpose of the rule
and suggested that we include that it is to ensure the safety of event
locations and event participants. The Coast Guard is vested with
jurisdiction over the navigable waters of the United States and any
land structures or shore areas immediately adjacent to such waters. It
does not have the authority over land areas not immediately adjacent to
the navigable waters on which the events will occur. As such, we cannot
make the requested change. As to the protection of the event
participants, the rule does state that the safety zones are necessary
for the protection of the event participants. However, the sentence
stating the purpose of the rule inadvertently omitted that its purpose
is to also ensure the safety of the event participants. We have amended
the sentence to reflect the purpose.
    There are no changes in the regulatory text of this rule from the
proposed rule on the NPRM.

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 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. This rule has not been designated as a
``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
    This regulatory action determination is based on the size,
location, and duration of the safety zones. These safety zones are
limited in size and duration, and are usually positioned away from high
vessel traffic areas. Moreover, the Coast Guard would issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zones, and
the rule would allow vessels to seek permission to enter the zones.

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 received no comments from the Small Business
Administration on this rulemaking. 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
IV.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. 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
Order13132.
    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.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, 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.
Normally such actions are categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 01. A Record of Environmental Consideration 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
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: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. In Sec.  165.801, revise Table 1 to read as follows:

Sec.  165.801  Annual fireworks displays and other events in the Eighth
Coast Guard District recurring safety zones.

* * * * *

                 Table 1 of Sec.   165.801--Sector Ohio Valley Annual and Recurring Safety Zones
----------------------------------------------------------------------------------------------------------------
                                                                   Sector Ohio Valley
                 Date                        Sponsor/name               location               Safety zone
----------------------------------------------------------------------------------------------------------------
1. Multiple days--April through        Pittsburgh Pirates/      Pittsburgh, PA.........  Allegheny River, Mile
 November.                              Pittsburgh Pirates                                0.2-0.9
                                        Fireworks.                                        (Pennsylvania).
2. Multiple days--April through        Cincinnati Reds/         Cincinnati, OH.........  Ohio River, Mile 470.1-
 November.                              Cincinnati Reds Season                            470.4; extending 500
                                        Fireworks.                                        ft. from the State of
                                                                                Ohio shoreline (Ohio).
3. 2 days--Third Friday and Saturday   Thunder Over Louisville/ Louisville, KY.........  Ohio River, Mile 601.0-
 in April.                              Thunder Over                                      607.0 (Kentucky).
                                        Louisville.
4. Last Sunday in May................  Friends of Ironton.....  Ironton, OH............  Ohio River, Mile 326.7-
                                                                                327.7 (Ohio).
5. 1 day--A Saturday in July.........  Paducah Parks and        Paducah, KY............  Ohio River, Mile 934.0-
                                        Recreation Department/                            936.0 (Kentucky).
                                        Cross River Swim.
6. 1 day--First or second weekend in   Bellaire All-American    Bellaire, OH...........  Ohio River, Mile 93.5-
 June.                                  Days.                                             94.5 (Ohio).
7. 2 days--Second weekend of June....  Rice's Landing           Rices Landing, PA......  Monongahela River, Mile
                                        Riverfest.                                        68.0-68.8
                                                                                (Pennsylvania).
8. 1 day--One weekend in June........  West Virginia Symphony   Charleston, WV.........  Kanawha River, Mile
                                        Orchestra/Symphony                                59.5-60.5 (West
                                        Sunday.                                           Virginia).
9. 1 day--Saturday before 4th of July  Riverfest/Riverfest      Nitro, WV..............  Kanawha River, Mile
                                        Inc..                                             43.1-44.2 (West
                                                                                Virginia).
10. 1 day--First week or weekend in    Greenup City...........  Greenup, KY............  Ohio River, Mile 335.2-
 July.                                                                                336.2 (Kentucky).
11.1 day-- First week or weekend in    Middleport Community     Middleport, OH.........  Ohio River, Mile 251.5-
 July.                                  Association.                                      252.5 (Ohio).
12. 1 day--First week or weekend in    People for the Point     South Point, OH........  Ohio River, Mile 317-
 July.                                  Party in the Park.                                318 (Ohio).
13. 1 day--Last weekend in June or     Riverview Park           Louisville, KY.........  Ohio River, Mile 617.5-
 first weekend in July.                 Independence Festival.                            620.5 (Kentucky).
14. 1 day--Third or fourth week in     Upper Ohio Valley        Wheeling, WV...........  Ohio River, Mile 90.0-
 July.                                  Italian Heritage                                  90.5 (West Virginia).
                                        Festival/Upper Ohio
                                        Valley Italian
                                        Heritage Festival
                                        Fireworks.
15. 1 day--4th or 5th of July........  City of Cape Girardeau   Cape Girardeau, MO.....  Upper Mississippi
                                        July 4th Fireworks                                River, Mile 50.0-52.0.
                                        Show on the River.
16. 1 day--Third or fourth of July...  Harrah's Casino/         Metropolis, IL.........  Ohio River, Mile 942.0-
                                        Metropolis Fireworks.                             945.0 (Illinois).
17. 1 day--During the first week of    Louisville Bats          Louisville, KY.........  Ohio River, Mile 602.0-
 July.                                  Baseball Club/                                    605.0 (Kentucky).
                                        Louisville Bats
                                        Firework Show.
18. 1 day--During the first week of    Waterfront Independence  Louisville, KY.........  Ohio River, Mile 602.0-
 July.                                  Festival/Louisville                               605.0 (Kentucky).
                                        Orchestra Waterfront
                                        4th.
19. 1 day--During the first week of    Celebration of the       Owensboro, KY..........  Ohio River, Mile 754.0-
 July.                                  American Spirit                                   760.0 (Kentucky).
                                        Fireworks/All American
                                        4th of July.
20. 1 day--During the first week of    Riverfront Independence  New Albany, IN.........  Ohio River, Mile 606.5-
 July.                                  Festival Fireworks.                               609.6 (Indiana).
21. 1 day--July 4th..................  Shoals Radio Group/      Florence, AL...........  Tennessee River, Mile
                                        Spirit of Freedom                                 254.5-257.4 (Alabama).
                                        Fireworks.
22. 1 day--Saturday before July 4th..  Town of Cumberland City/ Cumberland City, TN....  Cumberland River, Mile
                                        Lighting up the                                   103.0-105.5
                                        Cumberlands.                                      (Tennessee).
23. 1 day--July 4th..................  City of Knoxville/       Knoxville, TN..........  Tennessee River, Mile
                                        Knoxville Festival on                             646.3-648.7
                                        the 4th.                                          (Tennessee).
24. 1 day--July 4th..................  Nashville NCVC/          Nashville, TN..........  Cumberland River, Mile
                                        Independence                                      189.7-192.3
                                        Celebration.                                      (Tennessee).
25. 1 day--Saturday before July 4th,   Grand Harbor Marina/     Counce, TN.............  Tennessee-Tombigbee
 or Saturday after July 4th.            Grand Harbor Marina                               Waterway, Mile 448.5-
                                        July 4th Celebration.                             451.0 (Tennessee).
26. 1 day--One of the first two        City of Bellevue, KY/    Bellevue, KY...........  Ohio River, Mile 468.2-
 weekends in July.                      Bellevue Beach Park                               469.2 (Kentucky and
                                        Concert Fireworks.                                Ohio).
27. 2 days--Sunday before Labor Day    Cincinnati Bell, WEBN,   Cincinnati, OH.........  Ohio River, Mile 469.2-
 and Labor Day.                         and Proctor and Gamble/                           470.5 (Kentucky and
                                        Riverfest.                                        Ohio) and Licking
                                                                                River Mile 0.0-3.0
                                                                                (Kentucky).
28. 1 day--July 4th..................  Summer Motions Inc./     Ashland, KY............  Ohio River, Mile 322.1-
                                        Summer Motion.                                    323.1 (Kentucky).
29. 1 day--Last weekend in June or     City of Point Pleasant/  Point Pleasant, WV.....  Ohio River, Mile 265.2-
 First weekend in July.                 Point Pleasant                                    266.2, Kanawha River
                                        Sternwheel Fireworks.                             Mile 0.0-0.5 (West
                                                                                Virginia).
30. 1 day--First week or weekend in    City of Charleston/City  Charleston, WV.........  Kanawha River, Mile
 July.                                  of Charleston                                     58.1-59.1 (West
                                        Independence Day                                  Virginia).
                                        Celebration.
31. 1 day--First week or weekend in    Portsmouth River Days..  Portsmouth, OH.........  Ohio River, Mile 355.5-
 July.                                                                                356.5 (Ohio).

32. 1 day--Second Saturday in August.  Guyasuta Days Festival/  Pittsburgh, PA.........  Allegheny River, Mile
                                        Borough of Sharpsburg.                            005.5-006.0
                                                                                (Pennsylvania).
33. 1 day--Second or third week of     Pittsburgh Foundation/   Pittsburgh, PA.........  Ohio River, Mile 0.0-
 August.                                Bob O'Connor Cookie                               0.5 (Pennsylvania).
                                        Cruise.
34. 1 day--Second full week of August  PA FOB Fireworks         Pittsburgh, PA.........  Allegheny River, Mile
                                        Display.                                          0.8-1.0
                                                                                (Pennsylvania).
35. 1 day--Third week of August......  Beaver River Regatta     Beaver, PA.............  Ohio River, Mile 25.2-
                                        Fireworks.                                        25.8 (Pennsylvania).
36. 1 day--December 31...............  Pittsburgh Cultural      Pittsburgh, PA.........  Allegheny River Mile,
                                        Trust/Highmark First                              0.5-1.0
                                        Night Pittsburgh.                                 (Pennsylvania).
37. 1 day--Friday before Thanksgiving  Pittsburgh Downtown      Pittsburgh, PA.........  Allegheny River, Mile
                                        Partnership/Light Up                              0.0-1.0
                                        Night.                                            (Pennsylvania).
38. Multiple days--April through       Pittsburgh Riverhounds/  Pittsburgh, PA.........  Monongahela River, Mile
 November.                              Riverhounds Fireworks.                            0.22-0.77
                                                                                (Pennsylvania).
39. 3 days--One of the last three      Hadi Shrine/Evansville   Evansville, IN.........  Ohio River, Miles 790.0-
 weekends in June.                      Freedom Festival Air                              796.0 (Indiana).
                                        Show.
40. 1 day--Second or third Saturday    Friends of the           Chattanooga, TN........  Tennessee River, Mile
 in June, the last day of the           Festival, Inc./                                   462.7-465.2
 Riverbend Festival.                    Riverbend Festival                                (Tennessee).
                                        Fireworks.
41. 2 days--Second Friday and          City of Newport, KY/     Newport, KY............  Ohio River, Miles 468.6-
 Saturday in June.                      Italianfest.                                      471.0 (Kentucky and
                                                                                Ohio).
42. 1 day--Last weekend in June or     City of Aurora/Aurora    Aurora, IN.............  Ohio River Mile, 496.7;
 first weekend in July.                 Firecracker Festival.                             1400 ft. radius from
                                                                                the Consolidated Grain
                                                                                Dock located along the
                                                                                State of Indiana
                                                                                shoreline at (Indiana
                                                                                and Kentucky).
43. 1 day--second weekend in June....  City of St. Albans/St.   St. Albans, WV.........  Kanawha River, Mile
                                        Albans Town Fair.                                 46.3-47.3 (West
                                                                                Virginia).
44. 1 day--Last week of June or first  PUSH Beaver County/      Beaver, PA.............  Ohio River, Mile 25.2-
 week of July.                          Beaver County Boom.                               25.6 (Pennsylvania).
45. 1 day--4th of July (Rain date--    Monongahela Area         Monongahela, PA........  Monongahela River, Mile
 July 5th).                             Chamber of Commerce/                              032.0-033.0
                                        Monongahela 4th of                                (Pennsylvania).
                                        July Celebration.
46. 1 day--Saturday Third or Fourth    Oakmont Yacht Club/      Oakmont, PA............  Allegheny River, Mile
 full week of July (Rain date--         Oakmont Yacht Club                                12.0-12.5
 following Sunday).                     Fireworks.                                        (Pennsylvania).
47. 1 day--Week of July 4th..........  EQT 4th of July          Pittsburgh, PA.........  Ohio River, Mile 0.0-
                                        Celebration.                                      0.5, Allegheny River,
                                                                                Mile 0.0-0.5, and
                                                                                Monongahela River,
                                                                                Mile 0.0-0.5
                                                                                (Pennsylvania).
48. 1 day--3rd or 4th of July........  City of Paducah, KY....  Paducah, KY............  Ohio River, Mile 934.0-
                                                                                936.0; Tennessee
                                                                                River, mile 0.0-1.0
                                                                                (Kentucky).
49. 1 day--3rd or 4th of July........  City of Hickman, KY....  Hickman, KY............  Lower Mississippi
                                                                                River, Mile 921.0-
                                                                                923.0 (Kentucky).
50. 1 day--Last weekend in June or     Evansville Freedom       Evansville, IN.........  Ohio River, Miles 790.0-
 first week in July.                    Celebration/4th of                                796.0 (Indiana).
                                        July Fireworks.
51. 1 day--One of the first two        Madison Regatta, Inc./   Madison, IN............  Ohio River, Miles 554.0-
 weekends in July.                      Madison Regatta.                                  561.0 (Indiana).
52. 1 day--July 4th..................  Cities of Cincinnati,    Newport, KY............  Ohio River, Miles 469.6-
                                        OH and Newport, KY/                               470.2 (Kentucky and
                                        July 4th Fireworks.                               Ohio).
53. 2 days--One weekend in July......  Marietta Riverfront      Marietta, OH...........  Ohio River, Mile 171.6-
                                        Roar Fireworks.                                   172.6 (Ohio).
54. 1 day--First week or weekend in    Gallia County Chamber    Gallipolis, OH.........  Ohio River, Mile 269.5-
 July.                                  of Commerce/Gallipolis                            270.5 (Ohio).
                                        River Recreation
                                        Festival.
55. 1 day--First week or weekend in    Kindred Communications/  Huntington, WV.........  Ohio River, Mile 307.8-
 July.                                  Dawg Dazzle.                                      308.8 (West Virginia).
56. Multiple days--September through   University of            Pittsburgh, PA.........  Ohio River mile 0.0-
 January.                               Pittsburgh Athletic                               0.1, Monongahela River
                                        Department/University                             mile 0.0-0.1,
                                        of Pittsburgh                                     Allegheny River mile
                                        Fireworks.                                        0.0-0.25
                                                                                (Pennsylvania).
57. Sunday, Monday, or Thursday from   Pittsburgh Steelers      Pittsburgh, PA.........  Allegheny River mile
 August through February.               Fireworks.                                        0.0-0.25, Ohio River
                                                                                mile 0.0-0.1,
                                                                                Monongahela River mile
                                                                                0.0-0.1.
58. 3 days--Third week in September..  Wheeling Heritage Port   Wheeling, WV...........  Ohio River, Mile 90.2-
                                        Sternwheel Festival                               90.7 (West Virginia).
                                        Foundation/Wheeling
                                        Heritage Port
                                        Sternwheel Festival.
59. 1 day--One weekend in September..  Ohio River Sternwheel    Marietta, OH...........  Ohio River, Mile 171.5-
                                        Festival Committee                                172.5 (Ohio).
                                        fireworks.

60. 1 day--Second weekend of October.  Leukemia and Lymphoma    Nashville, TN..........  Cumberland River, Mile
                                        Society/Light the                                 189.7-192.1
                                        Night Walk Fireworks.                             (Tennessee).
61. 1 day--One weekend in October....  West Virginia Motor Car  Charleston, WV.........  Kanawha River, Mile 58-
                                        Festival.                                         59 (West Virginia).
62. 1 day--Friday before Thanksgiving  Kittanning Light Up      Kittanning, PA.........  Allegheny River, Mile
                                        Night Firework Display.                           44.5-45.5
                                                                                (Pennsylvania).
63. 1 day--First week in October.....  Leukemia & Lymphoma      Pittsburgh, PA.........  Ohio River, Mile 0.0-
                                        Society/Light the                                 0.4 (Pennsylvania).
                                        Night.
64. 1 day--Friday before Thanksgiving  Duquesne Light/Santa     Pittsburgh, PA.........  Monongahela River, Mile
                                        Spectacular.                                      0.00-0.22, Allegheny
                                                                                River, Mile 0.00-0.25,
                                                                                and Ohio River, Mile
                                                                                0.0-0.3
                                                                                (Pennsylvania).
65. 1 day--During the first two weeks  City of Maysville        Maysville, KY..........  Ohio River, Mile 408-
 of July.                               Fireworks.                                        409 (Kentucky).
66. 1 day--Saturday before Memorial    Venture Outdoors/        Pittsburgh, PA.........  Allegheny River, Mile
 Day.                                   Venture Outdoors                                  0.0-0.25; Monongahela
                                        Festival.                                         River, Mile 0.0-0.25
                                                                                (Pennsylvania).
67. 1 day--Third Saturday in July....  Pittsburgh Irish Rowing  Pittsburgh, PA.........  Ohio River, Mile 7.0-
                                        Club/St. Brendan's Cup                            9.0 (Pennsylvania).
                                        Currach Regatta.
68. 1 day--July 4th..................  Wellsburg 4th of July    Wellsburg, WV..........  Ohio River, Mile 73.5-
                                        Committee/Wellsburg                               74.5 (West Virginia).
                                        4th of July Freedom
                                        Celebration.
69. 1 day--Last week in June or first  Newburgh Fireworks       Newburgh, IN...........  Ohio River, Mile 777.3-
 week of July.                          Display.                                          778.3 (Indiana).
70. 3 days--Third or Fourth weekend    Henderson Tri-Fest/      Henderson, KY..........  Ohio River, Mile 802.5-
 in April.                              Henderson Breakfast                               805.5 (Kentucky).
                                        Lions Club.
71. 1 day--Third week of November....  Gallipolis in Lights...  Gallipolis, OH.........  Ohio River, Mile 269.2-
                                                                                270 (Ohio).
72. 1 day--One weekend in September..  Tribute to the River...  Point Pleasant, WV.....  Ohio River, Mile 264.6-
                                                                                265.6 (West Virginia).
73. 1 day--Labor Day or first week of  Labor Day Fireworks      Marmet, WV.............  Kanawha River, Mile
 September.                             Show.                                             67.5-68 (West
                                                                                Virginia).
74. 1 day--One weekend in August.....  Ravenswood River         Ravenswood, WV.........  Ohio River, Mile 220-
                                        Festival.                                         221 (West Virginia).
75. 1 day--First weekend or week in    Queen's Landing          Greenup, KY............  Ohio River, Mile 339.3-
 July.                                  Fireworks.                                        340.3 (West Virginia).
76. 1 day--First weekend in June.....  Cumberland River         Nashville, TN..........  Cumberland River, Mile
                                        Compact/Nashville                                 189.7-192.1
                                        Splash Bash.                                      (Tennessee).
77. 1 day--Second weekend in           Nashville Symphony/      Nashville, TN..........  Cumberland River, Mile
 September.                             Concert Fireworks.                                190.1-192.3
                                                                                (Tennessee).
78. 1 day--Second or third weekend in  Outdoor Chattanooga/     Chattanooga, TN........  Tennessee River, Mile
 October.                               Swim the Suck.                                    452.0-454.5
                                                                                (Tennessee).
79. 1 day--Friday or Saturday after    Friends of the Festival/ Chattanooga, TN........  Tennessee River, Mile
 Thanksgiving.                          Cheer at the Pier.                                462.7-465.2
                                                                                (Tennessee).
80. 1 day--July 3rd..................  Chattanooga Presents/    Chattanooga, TN........  Tennessee River, Mile
                                        Pops on the River.                                462.7-465.2
                                                                                (Tennessee).
81. 7 days--Scheduled home games.....  University of Tennessee/ Knoxville, TN..........  Tennessee River, Mile
                                        UT Football Fireworks.                            645.6-648.3
                                                                                (Tennessee).
82. 1 day--July 3rd..................  Randy Boyd/Independence  Knoxville, TN..........  Tennessee River, Mile
                                        Celebration Fireworks                             625.0-628.0
                                        Display.                                          (Tennessee).
83. 1 day--Second weekend in           City of Clarksville/     Clarksville, TN........  Cumberland River, Mile
 September.                             Clarksville Riverfest.                            124.5-127.0
                                                                                (Tennessee).
84. 1 day--Fourth weekend in October.  Chattajack.............  Chattanooga, TN........  Tennessee River, Mile
                                                                                462.7-465.5
                                                                                (Tennessee).
85. 1 day--First week in May.........  Belterra Park Gaming     Cincinnati, OH.........  Ohio River, Mile 460.0-
                                        Fireworks.                                        462.0 (Ohio).
86. 1 day--First week of July........  Cincinnati Symphony      Cincinnati, OH.........  Ohio River, Mile 460.0-
                                        Orchestra.                                        462.0 (Ohio).
87. 1 day--First week in August......  Gliers Goetta Fest LLC.  Newport, KY............  Ohio River, Mile 469.0-
                                                                                471.0.
88. 1 day--last 2 weekends in August/  Wheeling Dragon Boat     Wheeling, WV...........  Ohio River mile 90.4-
 first week of September.               Race.                                             91.5 (West Virginia).
89. 1 day--week of July 4th..........  Wheeling Symphony        Wheeling, WV...........  Ohio River mile 90-92
                                        fireworks.                                        (West Virginia).
90. 1 day--week of July 4th..........  Chester Fireworks......  Chester, WV............  Ohio River mile 42.0-
                                                                                44.0 (West Virginia).
91. 1 day--First week of August......  Kittaning Folk Festival  Kittanning, PA.........  Allegheny River mile
                                                                                44.0-46.0
                                                                                (Pennsylvania).
92. 2 days--One weekend in August....  Powerboat Nationals-     Parkersburg, WV........  Ohio River mile 183.5-
                                        Parkersburg Regatta/                              185.5 (West Virginia).
                                        Parkersburg Homecoming
                                        Festival.

93. 1 day--One weekend in August.....  Parkersburg Homecoming   Parkersburg, WV........  Ohio River mile 183.5-
                                        Festival-Fireworks.                               185.5 (West Virginia).
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: May 7, 2018.
M.B. Zamperini,
Captain, U. S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-10088 Filed 5-10-18; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Notices]
[Pages 79550-79551]
[FR Doc No: 2016-27238]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79255; File No. SR-BatsBZX-2016-69]

Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Related to
Fees for Use of the Exchange's Equity Options Platform

November 7, 2016.
    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 October 27, 2016, Bats BZX Exchange, Inc. (``BZX'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable
to Members \3\ and non-Members of the Exchange pursuant to BZX Rules
15.1(a) and (c).
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    \3\ The term ``Member'' is defined as ``any registered broker or
dealer that has been admitted to membership in the Exchange.'' See
Exchange Rule 1.5(n).
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    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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to modify its fee schedule applicable to the
Exchange's equity options platform (``BZX Options'') to add a new Step-
Up Tier under footnote 3, Non-Customer Penny Pilot Take Volume Tiers.
    The Exchange appends fee code PP to Non-Customer \4\ orders in
Penny Pilot Securities \5\ that removes liquidity. Orders that yield
fee code PP are charged a fee of $0.50 per contract. The Exchange
offers three tiers under footnote 3, Non-Customer Penny Pilot Take
Volume Tiers, which offer reduced fees for Non-Customer orders that
yield fee code PP upon achieving each tier's required criteria. Under
Tier 1, orders that yield fee code PP will be eligible for a reduced
fee of $044 [sic] per contract where the Member has: (i) an ADAV \6\ in
Customer \7\ orders equal to or greater than 0.60% of average TCV; \8\
(ii) an ADAV in Market Maker \9\ orders equal to or greater than 0.25%
of average TCV; and (iii) on the Exchange's equities platform, BZX
Equities, an ADAV equal to or greater than 0.30% of average TCV. Under
Tier 2, orders that yield fee code PP will be eligible for a reduced
fee of $0.47 per contract where the Member has an ADAV in Customer
orders equal to or greater than 1.00% of average TCV. Lastly, under
Tier 3, orders that yield fee code PP will be eligible for a reduced
fee of $0.44 per contract where the Member has an ADAV in Customer
orders equal to or greater than 1.30% of average TCV.
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    \4\ As defined in the Exchange's fee schedule available at
http://www.bats.com/us/options/membership/fee_schedule/bzx/
    \5\ Id.
    \6\ Id.
    \7\ Id.
    \8\ Id.
    \9\ As defined in the Exchange's fee schedule available at
http://www.bats.com/us/options/membership/fee_schedule/bzx/.
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    The Exchange now proposes to reduce the above fees by $0.01 for
Members that achieve certain additional volume requirements.
Specifically, the Exchange proposes to add a Step-Up tier under
footnote 3 such that the fee charged to a Member under fee code PP and
the Non-Customer Penny Pilot Take Volume Tiers described above would be
reduced by $0.01 per contract where the Member has an Options Step-Up
Add TCV \10\ in Customer orders from September 2016 baseline equal to
or greater than 0.30%. The criteria for the proposed Step-Up Tier under
footnote 3 would be in addition the criteria required by the three Non-
Customer Take Volume tiers under footnote 3.
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    \10\ Id.
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Implementation Date
    The Exchange proposes to implement these amendments to its fee
schedule as of November 1, 2016.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of Section 6 of the Act,\11\ in general, and
furthers the objectives of Section 6(b)(4),\12\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and other persons using its
facilities. Volume-based rebates such as those currently maintained on
the Exchange have been widely adopted by equities and options exchanges
and are equitable because they are open to all Members on an equal
basis and provide additional benefits or discounts that are reasonably
related to the value to an exchange's market quality associated with
higher levels of market activity, such as higher levels of liquidity
provision and/or growth patterns, and introduction of higher volumes of
orders into the price and volume discovery processes. The addition of
the Non-Customer Penny Pilot Take Volume Step-Up Tier is intended to
incentivize Members to send additional orders to the Exchange in an
effort to qualify for a further reduced fee for orders that yield fee
code PP and the Non-Customer Penny Pilot Take Volume Tiers under
footnote 3. The Exchange believes the rates remain competitive with
those charged by other venues \13\ and, therefore, are reasonable and
equitably allocated to Members. The Exchange also notes that it
operates in a highly-competitive market in which market participants
can readily direct order flow to competing venues if they deem fee
levels at a particular venue to be excessive. The Exchange believes
that the proposed Step-Up Tier is equitable and non-discriminatory in
that it would apply uniformly to all Members.
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    \11\ 15 U.S.C. 78f.
    \12\ 15 U.S.C. 78f(b)(4).
    \13\ See NYSE Arca, Inc.'s fee schedule available at https://www.nyse.com/publicdocs/nyse/markets/arca-options/NYSE_Arca_Options_Fee_Schedule.pdf (dated October 1, 2016) (offering
additional credits to under incentive programs for customer,
professional customer, and market maker orders as well as a separate
take fee discount qualification tier).
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    The Exchange also believes requiring the Member to have an Options
Step-Up Add TCV in Customer orders from September 2016 baseline equal
to or

greater than 0.30% is also equitable and reasonable. Such pricing
programs reward a Member's growth pattern on the Exchange and such
increased volume increases potential revenue to the Exchange, and will
allow the Exchange to continue to provide and potentially expand the
incentive programs operated by the Exchange. The Exchange believes that
providing additional financial incentives to Members that demonstrate
an increase over their September 2016 Options Step-Up Add TCV through
the proposed tier offers an additional, flexible way to achieve
financial incentives from the Exchange and encourage Members to add
liquidity to the Exchange. The Exchange believes that this incentive is
reasonable, fair and equitable because the liquidity from the proposed
tier also benefits all investors by deepening the Exchange's liquidity
pool, offering additional flexibility for all investors to enjoy cost
savings, supporting the quality of price discovery, promoting market
transparency and improving investor protection. These pricing programs
are also fair and equitable in that they are available to all Members
and will result in Members receiving either the same or an increased
rebate than they would currently receive.

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

    The Exchange believes the proposed amendment to its fee schedule
would not impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. To the contrary,
the Exchange has designed the proposed amendment to its fee schedule to
enhance its ability to compete with other exchanges. Also, the Exchange
believes that the addition of the proposed tier contributes to rather
than burdens competition, as such tier is intended to incentivize
Members to increase their participation on the Exchange, which will
increase the liquidity and market quality on the Exchange, which will
then further enhance the Exchange's ability to compete with other
exchanges.
    The Exchange does not believe that the proposed change will impair
the ability of Members or competing venues to maintain their
competitive standing in the financial markets. Additionally, Members
may opt to disfavor the Exchange's pricing if they believe that
alternatives offer them better value. Accordingly, the Exchange does
not believe that the proposed change to the Exchange's tiered pricing
structure burdens competition, but instead, enhances competition as it
is intended to increase the competitiveness of the Exchange.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \14\ and paragraph (f) of Rule 19b-4
thereunder.\15\ 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.
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BatsBZX-2016-69 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BatsBZX-2016-69. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BatsBZX-2016-69, and should
be submitted on or before December 5, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-27238 Filed 11-10-16; 8:45 am]
 BILLING CODE 8011-01-P