[Federal Register Volume 81, Number 220 (Tuesday, November 15, 2016)]
[Notices]
[Pages 80132-80134]
[FR Doc No: 2016-27372]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79267; File No. SR-C2-2016-022]

Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Notice of Filing of a Proposed Rule Change in Connection With a
Proposed Corporate Transaction Involving CBOE Holdings, Inc. and Bats
Global Markets, Inc.

November 8, 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 November 4, 2016, C2 Options Exchange, Incorporated (the
``Exchange'' or ``C2'') 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.
---------------------------------------------------------------------------

    \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 submits this rule filing in connection with a proposed
corporate transaction (the ``Transaction'') involving its ultimate
parent company, CBOE Holdings, Inc. (``CBOE Holdings''), two wholly
owned subsidiaries of CBOE Holdings, CBOE Corporation and CBOE V, LLC
(``CBOE V''), and Bats Global Markets, Inc. (``BGM''). BGM is the
ultimate parent company of Bats BZX Exchange, Inc. (``Bats BZX''), Bats
BYX Exchange, Inc. (``Bats BYX''), Bats EDGX Exchange, Inc. (``Bats
EDGX''), and Bats EDGA Exchange, Inc. (``Bats EDGA'' and, together with
Bats BZX, Bats BYX, and Bats EDGX, the ``Bats Exchanges''). Upon
completion of the Transaction (the ``Closing''), CBOE Holdings will
become the ultimate parent of the Bats Exchanges.
    On September 25, 2016, CBOE Holdings, CBOE Corporation, CBOE V, and
BGM entered into an Agreement and Plan of Merger, as it may be amended
from time to time (the ``Merger Agreement''). In connection with the
Transaction, the Exchange seeks the Commission's approval of a
provision in the Merger Agreement regarding the composition of the CBOE
Holdings Board of Directors (``CBOE Holdings Board'') upon the Closing.
There are no

proposed changes to Exchange rules or governing documents of CBOE
Holdings or the Exchange.

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

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

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

1. Purpose
    The Exchange submits this filing for Commission approval of a
provision in the Merger Agreement regarding the composition of the CBOE
Holdings Board upon Closing. Other than as described herein, the
Exchange will continue to conduct its regulated activities (including
operating and regulating its market and Trading Permit Holders) in
essentially the same manner it conducts them today, and will not make
any changes to its regulated activities in connection with the
Transaction. The Exchange is not proposing any amendments to its
trading and regulatory rules or organizational and governance documents
at this time. If the Exchange determines to make any such changes, it
will submit rule filings to the Commission proposing such changes to
the extent required by the Act and the rules and regulations
thereunder.
Current Corporate Structures
    Each of C2 and Chicago Board Options Exchange, Incorporated
(``CBOE'' and, together with the Exchange, the ``CBOE Exchanges'') is a
Delaware corporation that is a national securities exchange registered
with the Commission pursuant to Section 6(a) of the Act.\3\ Each CBOE
Exchange is a direct, wholly owned subsidiary of CBOE Holdings, a
publicly traded Delaware corporation. CBOE V is a Delaware limited
liability company and direct, wholly owned subsidiary of CBOE Holdings,
which currently has no material assets and conducts no operations.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f(a).
---------------------------------------------------------------------------

    Each Bats Exchange is a Delaware corporation that is a national
securities exchange registered with the Commission pursuant to Section
6(a) of the Act.\4\ BGM is a publicly traded Delaware corporation and
the ultimate parent of the Bats Exchanges.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(a).
---------------------------------------------------------------------------

The Transaction
    Pursuant to and subject to the terms of the Merger Agreement, at
the Closing, among other things, each share of BGM common stock
(whether voting or non-voting) issued and outstanding (other than
shares owned by CBOE Holdings, BGM or any of their respective
subsidiaries, and certain shares held by BGM stockholders that are
entitled to and properly demand appraisal rights) will be converted
into the right to receive a particular number of shares of CBOE
Holdings common stock, an amount of cash, or a combination of both, at
the election of the holder of such share of BGM common stock. BGM will
ultimately merge with and into CBOE Holdings' wholly owned subsidiary
CBOE V, at which time the separate existence of BGM will cease and CBOE
V will be the surviving company.
Post-Closing Corporate Structure
    As a result of the Transaction, CBOE Holdings will be the ultimate
parent of the Bats Exchanges, each of which will continue to operate
separately. CBOE Holdings will continue to be a publicly owned company
and the ultimate parent of the CBOE Exchanges, each of which will
continue to operate separately.
Post-Closing CBOE Holdings Board
    In connection with the Transaction, CBOE Holdings agreed in the
Merger Agreement to take all requisite actions so, as of the Closing,
the CBOE Holdings Board will include three individuals designated by
BGM who (1) are serving as BGM directors immediately prior to the
Closing and (2) comply with the policies (including clarifications of
the policies provided to BGM) of the Nominating and Governance
Committee of the CBOE Holdings Board as in effect on the date of the
Merger Agreement and previously provided to BGM (each of whom will be
appointed to the CBOE Holdings Board as of the Closing). The CBOE
Holdings Board currently consists of 14 directors.\5\ The Exchange
expects three current CBOE Holdings directors to resign effective prior
to the Closing and the remaining CBOE Holdings directors to fill the
vacancies created by those resignations with the three BGM directors
designated by BGM.\6\
---------------------------------------------------------------------------

    \5\ Pursuant to the Second Amended and Restated Certificate of
Incorporation of CBOE Holdings (``CBOE Holdings Certificate'') and
the Third Amended and Restated Bylaws of CBOE Holdings (``CBOE
Holdings Bylaws''), the CBOE Holdings Board will consist of no less
than 11 and no more than 23 directors, the exact number to be fixed
by the CBOE Holdings Board from time to time pursuant to resolution
adopted by the Board. See CBOE Holdings Certificate Article Seventh
(b) and CBOE Holdings Bylaws Section 3.2.
    \6\ See Sections 3.4 and 3.5 of the CBOE Holdings Bylaws.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\7\ Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \8\ requirements that the rules of
an exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
Additionally, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \9\ requirement that the rules of
an exchange not be designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ Id.
---------------------------------------------------------------------------

    The proposed rule change is consistent with CBOE Holdings'
organizational and governing documents previously filed with the
Commission.\10\ The Exchange will continue to have the authority and
ability to effectively fulfill its self-regulatory duties pursuant to
the Act and the rules promulgated thereunder. CBOE Holdings' governing
documents will not change at the Closing and, therefore, will continue
to include various provisions intended to protect and maintain the
integrity of the self-regulatory functions of the Exchange.
Additionally, the Commission will

continue to have regulatory authority over the Exchange, as is
currently the case, as well as jurisdiction over CBOE Holdings with
respect to activities related to the Exchange.\11\
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    \10\ See, e.g., Securities Exchange Act Release Nos. 34-76282
(October 27, 2015), 80 FR 67464 (November 2, 2015) (SR-CBOE-2015-
092); and 34-76281 (October 27, 2015), 80 FR 67461 (November 2,
2015) (SR-C2-2015-022) (notices of filing and immediate
effectiveness of recent proposed rule changes to amend the CBOE
Holdings Certificate and Bylaws); see also supra notes 5 and 6.
    \11\ See, e.g., CBOE Holdings Certificate Article Fourteenth.
---------------------------------------------------------------------------

    The Exchange is proposing no changes to its existing operational
and trading structure in connection with the Transaction. Upon Closing,
the Exchange will operate in essentially the same manner as it operates
today. Therefore, the Exchange believes it will continue to satisfy the
requirements of the Act and the rules and regulations thereunder
applicable to a national securities exchange.

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

    The Exchange does not believe the proposed rule change will impose
any burden on competition not necessary or appropriate in furtherance
of the purposes of the Act. The proposed rule change relates to the
corporate governance of CBOE Holdings--specifically a change in
composition of the CBOE Holdings Board in connection with a corporate
transaction--and not the operations of the Exchange. This is not a
competitive filing and, therefore, imposes no burden on competition.

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

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

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-C2-2016-022 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-C2-2016-022. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from ubmissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-C2-2016-022, and should be
submitted on or before December 6, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-27372 Filed 11-14-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 111 (Thursday, June 9, 2022)]
[Notices]
[Pages 35230-35232]
[FR Doc No: 2022-12380]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2022-0002]

Final Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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SUMMARY: Flood hazard determinations, which may include additions or
modifications of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where
applicable, in the supporting Flood Insurance Study (FIS) reports have
been made final for the communities listed in the table below. The FIRM
and FIS report are the basis of the floodplain management measures that
a community is required either to adopt or to show evidence of having
in effect in order to qualify or remain qualified for participation in
the Federal Emergency Management Agency's (FEMA's) National Flood
Insurance Program (NFIP).

DATES: The date of October 13, 2022 has been established for the FIRM
and, where applicable, the supporting FIS report showing the new or
modified flood hazard information for each community.

ADDRESSES: The FIRM, and if applicable, the FIS report containing the
final flood hazard information for each community is available for
inspection at the respective Community Map Repository address listed in
the tables below and will be available online through the FEMA Map
Service Center at https://msc.fema.gov by the date indicated above.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the new or
modified flood hazard information for each community listed.
Notification of these changes has been published in newspapers of local
circulation and 90 days have elapsed since that publication. The Deputy
Associate Administrator for Insurance and Mitigation has resolved any
appeals resulting from this notification.
    This final notice is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone

areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the new or revised FIRM and FIS report available at the address
cited below for each community or online through the FEMA Map Service
Center at https://msc.fema.gov.
    The flood hazard determinations are made final in the watersheds
and/or communities listed in the table below.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
             Baldwin County, Georgia and Incorporated Areas
                         Docket No.: FEMA-B-2139
------------------------------------------------------------------------
City of Milledgeville..................  Planning and Zoning Department,
                                          105 East Hancock Street,
                                          Milledgeville, GA 31061.
Unincorporated Areas of Baldwin County.  Baldwin County Planning and
                                          Development, 1601 North
                                          Columbia Street, Suite 200,
                                          Milledgeville, GA 31061.
------------------------------------------------------------------------
              Jasper County, Georgia and Incorporated Areas
                         Docket No.: FEMA-B-2139
------------------------------------------------------------------------
City of Monticello.....................  City Hall, 123 West Washington
                                          Street, Monticello, GA 31064.
Unincorporated Areas of Jasper County..  Jasper County Courthouse,
                                          Planning and Zoning
                                          Department, 126
                                         West Greene Street, Suite 17,
                                          Monticello, GA 31064.
------------------------------------------------------------------------
              Jones County, Georgia and Incorporated Areas
                         Docket No.: FEMA-B-2139
------------------------------------------------------------------------
Unincorporated Areas of Jones County...  Jones County Planning and
                                          Zoning Department, 166
                                          Industrial Boulevard, Gray, GA
                                          31032.
------------------------------------------------------------------------
             Buena Vista County, Iowa and Incorporated Areas
                         Docket No.: FEMA-B-2033
------------------------------------------------------------------------
City of Lakeside.......................  City Hall, 100 Ash Street,
                                          Lakeside, IA 50588.
City of Linn Gove......................  Community Center, 110 Weaver
                                          Street, Linn Grove, IA 51033.
City of Newell.........................  City Hall, 207 East 2nd Street,
                                          Newell, IA 50568.
City of Sioux Rapids...................  City Hall, 100 Front Street,
                                          Sioux Rapids, IA 50585.
City of Storm Lake.....................  City Hall, 620 Erie Street,
                                          Storm Lake, IA 50588.
City of Truesdale......................  City Hall, 120 Main Street,
                                          Truesdale, IA 50592.
Unincorporated Areas of Buena Vista      Buena Vista Courthouse, 215
 County.                                  East 5th Street, Storm Lake,
                                          IA 50588.
------------------------------------------------------------------------
            Nicollet County, Minnesota and Incorporated Areas
                         Docket No.: FEMA-B-2145
------------------------------------------------------------------------
City of Courtland......................  City Office, 329 Main Street,
                                          Courtland, MN 56021.
City of Mankato........................  Intergovernmental Center, 10
                                          Civic Center Plaza, Mankato,
                                          MN 56001.
City of North Mankato..................  City Hall, 1001 Belgrade
                                          Avenue, North Mankato, MN
                                          56003.
City of Saint Peter....................  Municipal Building, 227 South
                                          Front Street, Saint Peter, MN
                                          56082.
Unincorporated Areas of Nicollet County  Nicollet County Government
                                          Center, 501 South Minnesota
                                          Avenue, Saint Peter, MN 56082.
------------------------------------------------------------------------
              Paulding County, Ohio and Incorporated Areas
                         Docket No.: FEMA-B-2146
------------------------------------------------------------------------
Unincorporated Areas of Paulding County  Paulding County Commissioners
                                          Office, 115 North Williams
                                          Street, Pauling, OH 45879.
Village of Antwerp.....................  Village Hall, 118 North Main
                                          Street, Antwerp, OH 45813.
Village of Cecil.......................  Village Hall, 301 West 3rd
                                          Street, Cecil, OH 45821.
Village of Grover Hill.................  Village Hall, 104 South Main
                                          Street, Grover Hill, OH 45849.
Village of Haviland....................  Village Hall, 201 North Vine
                                          Street, Haviland, OH 45851.
Village of Melrose.....................  Council House, 705 State
                                          Street, Melrose, OH 45861.
Village of Oakwood.....................  Village Hall, 228 North 1st
                                          Street, Oakwood, OH 45873.
Village of Paulding....................  Village Hall, 116 South Main
                                          Street, Paulding, OH 45879.
Village of Payne.......................  Village Hall, 119 North Main
                                          Street, Payne, OH 45880.
Village of Scott.......................  Paulding County Commissioners
                                          Office, 115 North Williams
                                          Street, Pauling, OH 45879.
------------------------------------------------------------------------
               Nueces County, Texas and Incorporated Areas
                   Docket No.: FEMA-B-1603 and B-2069
------------------------------------------------------------------------
City of Agua Dulce.....................  City Hall, 1514 2nd Street,
                                          Agua Dulce, TX 78330.
City of Aransas Pass...................  City Hall, 600 West Cleveland
                                          Boulevard, Aransas Pass, TX
                                          78336.
City of Bishop.........................  City Hall, 203 East Main
                                          Street, Bishop, TX 78343.
City of Corpus Christi.................  Development Services, 2406
                                          Leopard Street, Corpus
                                          Christi, TX 78408.

City of Driscoll.......................  City Hall, 133 West Dragon
                                          Street, Driscoll, TX 78351.
City of Petronila......................  Nueces County Courthouse, 901
                                          Leopard Street, Corpus
                                          Christi, TX 78401.
City of Port Aransas...................  City Hall, 710 West Avenue A,
                                          Port Aransas, TX 78373.
City of Portland.......................  Public Works, 1101 Moore
                                          Avenue, Portland, TX 78374.
City of Robstown.......................  Code Enforcement Division, 101
                                          East Main Street, Robstown, TX
                                          78380.
Unincorporated Areas of Nueces County..  Nueces County Courthouse, 901
                                          Leopard Street, Corpus
                                          Christi, TX 78401.
------------------------------------------------------------------------

[FR Doc. 2022-12380 Filed 6-8-22; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Notices]
[Pages 9563-9566]
[FR Doc No: 2016-03962]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77198; File No. SR-NYSE-2016-12]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Amending the NYSE Listed Company Manual To Adopt a Requirement That
Listed Foreign Private Issuers Must, at a Minimum, Submit a Form 6-K to
the Securities and Exchange Commission Containing Semi-Annual Unaudited
Financial Information

February 19, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on February 5, 2016, New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend the NYSE Listed Company Manual (the
``Manual'') to adopt a requirement that listed foreign private issuers
must, at a minimum, submit a Form 6-K to the Securities and Exchange
Commission (``SEC'') containing semi-annual

unaudited financial information.\4\ The proposed rule change is
available on the Exchange's Web site at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.
---------------------------------------------------------------------------

    \4\ See footnote 6 below for a description of information that
foreign private issuers are currently required to furnish to the SEC
on a Form 6-K under the provisions of General Instruction B to Form
6-K.
---------------------------------------------------------------------------

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

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

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

1. Purpose
    The Exchange proposes to amend the Manual to adopt a requirement
that listed foreign private issuers must, at a minimum, submit a Form
6-K to the SEC containing semi-annual unaudited financial information.
    Any listed company that is a domestic issuer is required by SEC
rules to file a quarterly report on Form 10-Q within a specified period
after the end of each of the company's first, second and third fiscal
quarters. The Form 10-Q contains unaudited financial information with
respect to the most recently completed fiscal quarter. However, listed
companies that are foreign private issuers \5\ are not subject to any
comparable SEC requirement with respect to interim financial
reporting.\6\ The Exchange understands that financial reporting
practices in other countries may differ from those in the United States
and that it is often not the case that foreign companies issue interim
financial information on a quarterly basis. However, it is the
Exchange's experience that almost all listed foreign private issuers
issue interim financial information on at least a semi-annual basis.
The Exchange believes that this practice is essential for the
protection of investors, as annual financial disclosure is too
infrequent to enable investors to make informed investment decisions,
especially as that information ages in the latter part of the
disclosure cycle.
---------------------------------------------------------------------------

    \5\ Exchange Act Rule 3b-4 defines a foreign private issuer as
any issuer incorporated or organized under the laws of a foreign
country, except an issuer meeting both of the following conditions:
(i) More than 50 percent of the outstanding voting securities of the
issuer are directly or indirectly held of record by residents of the
United States; and (ii) any one of the following: (a) the majority
of the executive officers or directors of the issuer are United
States citizens or residents; or (b) more than 50 percent of the
assets of the issuer are located in the United States; or (c) the
business of the issuer is administered principally in the United
States.
    \6\ The Exchange notes that General Instruction B to Form 6-K
requires foreign private issuers to furnish on a Form 6-K whatever
information, not required to be furnished on Form 40-F or previously
furnished, such issuer (i) makes or is required to make public
pursuant to the law of the jurisdiction of its domicile or in which
it is incorporated or organized, or (ii) files or is required to
file with a stock exchange on which its securities are traded and
which was made public by that exchange, or (iii) distributes or is
required to distribute to its security holders. The information
required to be furnished pursuant to (i), (ii) or (iii) above is
that which is material with respect to the issuer and its
subsidiaries concerning: Changes in business; changes in management
or control; acquisitions or dispositions of assets; bankruptcy or
receivership; changes in registrant's certifying accountants; the
financial condition and results of operations; material legal
proceedings; changes in securities or in the security for registered
securities; defaults upon senior securities; material increases or
decreases in the amount outstanding of securities or indebtedness;
the results of the submission of matters to a vote of security
holders; transactions with directors, officers or principal security
holders; the granting of options or payment of other compensation to
directors or officers; and any other information which the
registrant deems of material importance to security holders. As a
result of (i) through (iii) above, foreign private issuers could be
required to provide the information required under proposed Section
203.03 of the Manual more frequently than semi-annually.
---------------------------------------------------------------------------

    Given the importance of the practice of foreign private issuer
listed companies reporting mid-year results, the Exchange believes that
it is desirable to make this practice mandatory. Doing so will ensure
that the practice is uniform among all listed foreign private issuers
and also enables the Exchange to apply its compliance procedures for
companies that are late in their periodic reporting to listed foreign
private issuers that fail to disclose semi-annual financial information
on a timely basis.
    Consequently, the Exchange proposes to adopt new Section 203.03 of
the Manual which would provide that each listed foreign private issuer
must, at a minimum, submit to the SEC a Form 6-K that includes (i) an
interim balance sheet as of the end of its second fiscal quarter and
(ii) a semi-annual income statement that covers its first two fiscal
quarters. This Form 6-K would be required to be submitted no later than
six months following the end of the company's second fiscal quarter.
The financial information included in the Form 6-K would be required to
be presented in English, but would not be required to be reconciled to
U.S. GAAP. The Exchange's intention in adopting proposed Section 203.03
is solely to establish a minimum interim reporting regime applicable to
all listed foreign private issuers. The Exchange is not seeking to
discourage companies from providing more expansive or more frequent
interim financial information and proposed Section 203.03 would not
relieve companies of the obligation to comply with any reporting
obligations they may have under the requirements of Form 6-K or home
country law or regulation. In addition, the Exchange proposes to amend
Section 802.01E of the Manual to subject listed foreign private issuers
that have not timely filed the required Form 6-K to the same compliance
procedures as are applied to listed companies that are late in filing
their annual report or Form 10-Q. A failure to file the required Form
6-K within the period specified by proposed Section 203.03 would
constitute a Late Filing Delinquency under Section 802.01E. As with any
other Late Filing Delinquency under that rule, a company that was
delayed in filing its Form 6-K would have an initial six months
compliance period within which to file the Form 6-K and any
subsequently due Form 20-F or Form 6-K. If the company did not file all
required filings during that initial six month period, Exchange staff
would have the discretion to provide an additional compliance period of
up to six months. Any company that failed to become timely with its
filing obligations within the compliance periods provided under the
rule (including, in the case of a company that receives the maximum 12-
month cure period, the Form 6-K including the semi-annual data for the
first six months of the subsequent fiscal year) would be subject to
delisting.
    The Exchange proposes to make Section 203.03 effective beginning
with any fiscal year beginning on or after July 1, 2015. This means
that the earliest semi-annual period with respect to which a company
would be required to furnish a Form 6-K under the proposed rule would
have ended on December 31, 2015.\7\
---------------------------------------------------------------------------

    \7\ The Commission notes that this means that the any listed
company would have at least until June 30, 2016 to file the Form 6-
K, with the required semi-annual data, under the new rule.
---------------------------------------------------------------------------

    The Exchange also proposes to amend Section 103.00 of the Manual to
clarify that, notwithstanding the provision in that section that allows
listed foreign private issuers to follow home country

practice in lieu of complying with the Exchange's interim reporting
requirements applicable to domestic companies, all listed foreign
private issuers will be required to disclose interim financial
information in a Form 6-K on a semi-annual basis in compliance with
proposed Section 203.03.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) \8\ of the Act, in general, and furthers the
objectives of Section 6(b)(5) of the Act,\9\ in particular in that it
is designed to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest
and is not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers. The Exchange believes that the proposed
amendment is consistent with the investor protection objectives of
Section 6(b)(5) because it is designed to ensure that listed companies
provide timely financial information that is necessary to enable
investors to make informed investment decisions. The Exchange believes
that the proposed amendment does not unfairly discriminate among
issuers, as, while it establishes a semi-annual reporting requirement
for foreign private issuers that is different from the quarterly
reporting to which domestic issuers are subject, this difference is
consistent with the differential requirements imposed by the SEC. In
addition, while a small number of companies will have less than six
months from the date of effectiveness of the proposed rule to submit
their first required semi-annual report, the Exchange does not believe
that this is unfairly discriminatory as the period available to those
companies will not be significantly less than six months and will be
adequate to enable them to meet the proposed [sic].
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purpose of the Act. The proposed rule change is
designed to mandate that foreign private issuer listed companies must,
at a minimum, provide semi-annual financial information. As almost all
NYSE-listed foreign private issuers already provide this information
and Nasdaq listed companies are already subject to a comparable rule,
the Exchange does not expect the rule change to have any significant
impact on competition.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\13\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange stated that
requiring semi-annual reporting of summary financial information by
listed foreign private issuers is consistent with the protection of
investors and the public interest since it will ensure that investors
have access to information that is necessary for them to make informed
decisions about investments in those companies. The Commission believes
that the proposed rule change will not be unduely burdensome on foreign
private issuers as the Exchange states in its filing that most, if not
all, effected companies already provide such information on a voluntary
basis. Therefore, the Commission believes that the new rule should help
to ensure that investors will have, or continue to have, the necessary
information to make informed investments decisions for all listed
foreign private issuers. In addition, concerning the proposed changes
on continued listing for filing delinquencies under Section 802.01E of
the Manual, treating Exchange listed foreign private issuers that fail
to timely file semi-annual reports under the new rule similarly to
listed domestic issuers that fail to file timely interim reports will
help to ensure that investors have information necessary to assess the
company and support continued trading on the Exchange.\14\ Based on the
above, the Commission believes that waiving the 30-day operative delay
is consistent with the protection of investors and the public interest.
Therefore, the Commission hereby waives the operative delay and
designates the proposed rule change operative upon filing.\15\
---------------------------------------------------------------------------

    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ See NYSE Listed Company Manual Section 802.01E.
    \15\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \16\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NYSE-2016-12 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2016-12. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2016-12 and should be
submitted on or before March 17, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Brent J. Fields,
Secretary.
[FR Doc. 2016-03962 Filed 2-24-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 215 (Wednesday, November 8, 2023)]
[Rules and Regulations]
[Pages 77010-77014]
[FR Doc No: 2023-24448]

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

Federal Motor Carrier Safety Administration

49 CFR Part 385

[Docket No. FMCSA-2023-0122]
RIN 2126-AC61

Incorporation by Reference; North American Standard Out-of-
Service Criteria; Hazardous Materials Safety Permits

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: FMCSA amends its Hazardous Materials Safety Permit (HMSP)
regulations to incorporate by reference the updated Commercial Vehicle
Safety Alliance (CVSA) handbook containing inspection procedures and
out-of-service criteria (OOSC) for inspections of shipments of
transuranic waste and highway route-controlled quantities (HRCQs) of
radioactive material (RAM). The OOSC provide enforcement personnel
nationwide, including FMCSA's State partners, with uniform enforcement
tolerances for inspections. Currently, the regulations reference the
April 1, 2022, edition of the handbook. Through this rule, FMCSA
incorporates by reference the April 1, 2023, edition.

DATES: Effective December 8, 2023. The incorporation by reference of
the material described in the rule is approved by the Director of the
Federal Register as of December 8, 2023.

FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] Cestero, Vehicle and
Roadside Operations Division, FMCSA, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001,<PHONE_NUMBER>, [email protected]. If you
have questions on viewing or submitting material to the docket, contact
Dockets Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: FMCSA organizes this final rule as follows:
I. Availability of Rulemaking Documents
II. Executive Summary
III. Abbreviations
IV. Legal Basis for the Rulemaking
V. Background
VI. Discussion of Proposed Rulemaking and Comments
    A. Proposed Rulemaking
    B. Comments and Responses
VII. Severability

VIII. Section-by-Section Analysis
IX. Regulatory Analyses
    A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563
(Improving Regulation and Regulatory Review), E.O. 14094
(Modernizing Regulatory Review), and DOT Regulatory Policies and
Procedures
    B. Congressional Review Act
    C. Regulatory Flexibility Act (Small Entities)
    D. Assistance for Small Entities
    E. Unfunded Mandates Reform Act of 1995
    F. Paperwork Reduction Act
    G. E.O. 13132 (Federalism)
    H. Privacy
    I. E.O. 13175 (Indian Tribal Governments)
    J. National Environmental Policy Act of 1969

I. Availability of Rulemaking Documents

    To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2023-0122/document and
choose the document to review. To view comments, click this final rule,
then click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
at U.S. Department of Transportation 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. To be sure someone is there to help
you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Dockets Operations.

II. Executive Summary

    This final rule updates an incorporation by reference found at 49
CFR 385.4(b)(1) and referenced at Sec.  385.415(b). The provision at
Sec.  385.4(b)(1) currently references the April 1, 2022, edition of
CVSA's handbook titled ``North American Standard Out-of-Service
Criteria and Level VI Inspection Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles Transporting Transuranics and Highway
Route Controlled Quantities of Radioactive Materials as defined in 49
CFR part 173.403.'' The CVSA handbook contains inspection procedures
and OOSC for inspections of shipments of transuranic waste and HRCQs of
RAM. The OOSC, while not regulations, provide enforcement personnel
nationwide, including FMCSA's State partners, with uniform enforcement
tolerances for inspections. The material is available, and will
continue to be available, for inspection at the FMCSA, Office of
Safety, 1200 New Jersey Avenue SE, Washington, DC 20590 (Attention:
Chief, Compliance Division) at<PHONE_NUMBER>. The document may be
purchased from the Commercial Vehicle Safety Alliance, 6303 Ivy Lane,
Suite 310, Greenbelt, MD 20770,<PHONE_NUMBER>, www.cvsa.org.
    Nine updates distinguish the April 1, 2023, handbook edition from
the 2022 edition. The updates are all described in detail in the July
24, 2023, notice of proposed rulemaking (NPRM) for this rule (88 FR
47437). The incorporation by reference of the 2023 edition does not
impose new regulatory requirements.

III. Abbreviations

CDL Commercial Driver's License
CFR Code of Federal Regulations
CVSA Commercial Vehicle Safety Alliance
DOT Department of Transportation
FMCSA Federal Motor Carrier Safety Administration
FMCSRs Federal Motor Carrier Safety Regulations
FR Federal Register
HMSP Hazardous Materials Safety Permit
HRCQs Highway route-controlled quantities
MCMIS Motor Carrier Management Information System
OOS Out-of-Service
OOSC Out-of-Service Criteria
RAM Radioactive material
RFA Regulatory Flexibility Act
UMRA The Unfunded Mandates Reform Act of 1995
U.S.C. United States Code

IV. Legal Basis for the Rulemaking

    Congress has enacted several statutory provisions to ensure the
safe transportation of hazardous materials in interstate commerce.
Specifically, in provisions codified at 49 U.S.C. 5105(d), relating to
inspections of motor vehicles carrying certain hazardous material, and
49 U.S.C. 5109, relating to motor carrier safety permits (hereinafter
``HMSPs''), the Secretary of Transportation is required to promulgate
regulations as part of a comprehensive safety program on HMSPs. The
FMCSA Administrator has been delegated authority under 49 U.S.C. 113(f)
and 49 Code of Federal Regulations (CFR) 1.87(d)(2) to carry out the
functions vested in the Secretary of Transportation related to HMSPs.
Consistent with that authority, FMCSA has promulgated regulations under
49 CFR part 385, subpart E to address the congressional mandate on
HMSPs. Those regulations are the underlying provisions to which the
material incorporated by reference discussed in this rule is
applicable.

V. Background

    In 1986, the U.S. Department of Energy and CVSA entered into a
cooperative agreement to develop a higher level of inspection
procedures, out-of-service (OOS) conditions and/or criteria, an
inspection decal, and a training and certification program for
inspectors to conduct inspections on shipments of transuranic waste and
HRCQs of RAM. CVSA developed the North American Standard Level VI
Inspection Program for Transuranic Waste and Highway Route Controlled
Quantities of Radioactive Material. This inspection program for select
radiological shipments includes inspection procedures, enhancements to
the North American Standard Level I Inspection, radiological surveys,
CVSA Level VI decal requirements, and the ``North American Standard
Out-of-Service Criteria and Level VI Inspection Procedures and Out-of-
Service Criteria for Commercial Highway Vehicles Transporting
Transuranics and Highway Route Controlled Quantities of Radioactive
Materials as defined in 49 CFR part 173.403.'' As of January 1, 2005,
all vehicles and carriers transporting HRCQs of RAM are regulated by
the U.S. Department of Transportation. All HRCQs of RAM must pass the
North American Standard Level VI Inspection prior to the shipment being
allowed to travel in the United States. All highway route-controlled
quantities of RAM shipments entering the United States must also pass
the North American Standard Level VI Inspection either at the
shipment's point of origin or when the shipment enters the United
States.
    Operational requirements for motor carriers transporting hazardous
materials for which a HMSP is required are prescribed by Sec.  385.415.
Section 385.415(b) requires that motor carriers ensure a pre-trip
inspection is performed on each motor vehicle to be used to transport a
HRCQ of a Class 7 (radioactive) material, in accordance with the
requirements of CVSA's handbook titled ``North American Standard Out-
of-Service Criteria and Level VI Inspection Procedures and Out-of-
Service Criteria for Commercial Highway Vehicles Transporting
Transuranics and Highway Route Controlled Quantities of Radioactive
Materials as defined in 49 CFR part 173.403.''
    According to 2019 through 2022 data from FMCSA's Motor Carrier
Management Information System (MCMIS), approximately 3 million Level I
through Level VI inspections were performed annually. Nearly 96.3
percent

of these were Level I,\1\ Level II,\2\ and Level III \3\ inspections.
During the same period, an average of 756 Level VI inspections were
performed annually, comprising only 0.03 percent of all inspections. On
average, OOS violations were cited in only 6 Level VI inspections
annually (0.8 percent), whereas on average, OOS violations were cited
in 233,259 Level I inspections (26 percent), 264,926 Level II
inspections (26 percent), and 57,990 Level III inspections (6 percent)
annually. As these statistics demonstrate, OOS violations are cited in
a far lower percentage of Level VI inspections than Level I, II, and
III inspections, due largely to the enhanced oversight and inspection
of these vehicles because of the sensitive nature of the cargo being
transported.
---------------------------------------------------------------------------

    \1\ Level I is a 37-step inspection procedure that involves
examination of the motor carrier's and driver's credentials, record
of duty status, the mechanical condition of the vehicle, and any
hazardous materials/dangerous goods that may be present.
    \2\ Level II is a driver and walk-around vehicle inspection,
involving the inspection of items that can be checked without
physically getting under the vehicle.
    \3\ Level III is a driver-only inspection that includes
examination of the driver's credentials and documents.
---------------------------------------------------------------------------

    The changes to the 2023 edition of the CVSA handbook are intended
to ensure clarity in the presentation of the OOS conditions and are
generally editorial or ministerial. As discussed below, FMCSA does not
expect the changes made in the 2023 edition of the CVSA handbook to
affect the number of OOS violations cited during Level VI inspections.

VI. Discussion of Proposed Rulemaking and Comments

A. Proposed Rulemaking

    FMCSA published an NPRM on July 24, 2023 (88 FR 47437). Because the
incorporation by reference found at Sec.  385.4(b)(1) and referenced at
Sec.  385.415(b) references the outdated April 1, 2022, edition of
CVSA's ``North American Standard Out-of-Service Criteria and Level VI
Inspection Procedures and Out-of-Service Criteria for Commercial
Highway Vehicles Transporting Transuranics and Highway Route Controlled
Quantities of Radioactive Materials as defined in 49 CFR part
173.403,'' the NPRM proposed to incorporate by reference the current
April 1, 2023, edition. Nine updates distinguish the April 1, 2023,
edition from the 2022 edition. Each of the changes was described and
discussed in detail in the NPRM. Generally, the changes serve to
clarify or provide additional guidance to inspectors regarding uniform
implementation and application of the OOSC, and none is expected to
affect the number of OOS violations cited during Level VI inspections.
The incorporation by reference of the 2023 edition does not change what
constitutes a violation of FMCSA regulations.

B. Comments to the NPRM

    FMCSA solicited comments concerning the NPRM for 30 days ending
August 23, 2023. By that date, two comments were received: one from a
private citizen supporting the NPRM, and one from CVSA, which commended
FMCSA for publishing the NPRM and encouraged the Agency to finalize the
rule and update the incorporation by reference.

VII. Severability

    Congress authorized DOT by statute to promote safe transportation
of hazardous materials in interstate commerce by prescribing, among
other things, regulations and minimum standards for practices, methods,
and procedures for inspections and safety permits for motor vehicles
carrying certain hazardous materials (49 U.S.C. 5105(d); 49 U.S.C.
5109). The purpose of this rule is to incorporate by reference the 2023
edition of the CVSA handbook outlining the OOSC and inspection
procedures for commercial highway vehicles transporting RAM. The
provisions within the CVSA handbook are intended to operate
holistically in addressing a range of issues necessary to ensure the
safe transport of hazardous materials. However, FMCSA recognizes that
certain provisions focus on unique topics. Therefore, FMCSA finds that
the various provisions within the CVSA handbook are severable and able
to operate functionally if one or more provisions were rendered null or
otherwise eliminated. The remaining provision or provisions within the
handbook will continue to operate functionally if any one or more
provisions were invalidated and any other provision(s) remained. In the
event a court were to invalidate one or more of the CVSA handbook's
unique provisions, the remaining provisions should stand, thus allowing
this congressionally mandated program to continue to operate.

VIII. Section-by-Section Analysis

Section 385.4 Matter Incorporated by Reference

    Section 385.4(b)(1), as amended on December 22, 2022, references
the April 1, 2022, edition of the CVSA handbook. This final rule
replaces the reference to the April 1, 2022, edition date with a
reference to the new edition date of April 1, 2023.

X. Regulatory Analyses

A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), E.O. 14094
(Modernizing Regulatory Review), and DOT Regulatory Policies and
Procedures

    FMCSA has considered the impact of this final rule under E.O. 12866
(58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, E.O. 13563
(76 FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory
Review, E.O. 14094 (88 FR 21879, Apr. 11, 2023), Modernizing Regulatory
Review, and DOT's regulatory policies and procedures. The Office of
Information and Regulatory Affairs within the Office of Management and
Budget (OMB) determined that this final rule is not a significant
regulatory action under section 3(f) of E.O. 12866, as supplemented by
E.O. 13563 and E.O. 14094, and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order.
Accordingly, OMB has not reviewed it under that E.O.
    The final rule updates an incorporation by reference from the April
1, 2022, edition to the April 1, 2023, edition of CVSA's handbook
titled ``North American Standard Out-of-Service Criteria and Level VI
Inspection Procedures and Out-of-Service Criteria for Commercial
Highway Vehicles Transporting Transuranics and Highway Route Controlled
Quantities of Radioactive Materials as defined in 49 CFR part
173.403.'' FMCSA reviewed its MCMIS data on inspections performed from
2019 to 2022 and does not expect the handbook updates to have any
effect on the number of OOS violations cited during Level VI
inspections. Therefore, the final rule's impact would de minimis.

B. Congressional Review Act

    This rule is not a major rule as defined under the Congressional
Review Act (5 U.S.C. 801-808).\4\
---------------------------------------------------------------------------

    \4\ A major rule means any rule that OMB finds has resulted in
or is likely to result in (a) an annual effect on the economy of
$100 million or more; (b) a major increase in costs or prices for
consumers, individual industries, geographic regions, Federal,
State, or local government agencies; or (c) significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and export
markets (5 U.S.C. 802(4)).

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

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) (RFA), as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996,\5\ requires Federal agencies to consider the effects of the
regulatory action on small business and other small entities and to
minimize any significant economic impact. The term small entities
comprises small businesses and 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 (5
U.S.C. 601(6)). Accordingly, DOT policy requires an analysis of the
impact of all regulations on small entities, and mandates that agencies
strive to lessen any adverse effects on these businesses. None of the
updates from the 2023 edition impose new requirements or make
substantive changes to the FMCSRs.
---------------------------------------------------------------------------

    \5\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
---------------------------------------------------------------------------

    When an Agency issues a final rule, the RFA requires the Agency to
``prepare a final regulatory flexibility analysis'' that will describe
the impact of the final rule on small entities (5 U.S.C. 604(a)).
Section 605 of the RFA allows an agency to certify a rule, instead of
preparing an analysis, if the final rule is not expected to impact a
substantial number of small entities. This rule updates an
incorporation by reference found at Sec.  385.4(b)(1) and referenced at
Sec.  385.415(b), and incorporates by reference the April 1, 2023,
edition of the CVSA handbook. The changes to the 2023 edition of the
CVSA handbook from the 2022 edition are intended to ensure clarity in
the presentation of the OOS conditions and are generally editorial or
ministerial. As noted above, FMCSA does not expect the changes made in
the 2023 edition of the CVSA handbook to affect the number of OOS
violations cited during Level VI inspections in the United States.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities.

D. Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857),
FMCSA wants to assist small entities in understanding this rulemaking
so they can better evaluate its effects on themselves and participate
in the rulemaking initiative. If the final rule affects your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
consult the person listed under FOR FURTHER INFORMATION CONTACT.
    Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman (Office of the National
Ombudsman, see https://www.sba.gov/about-sba/oversight-advocacy/office-national-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 FMCSA, call 1-888-REG-FAIR (1-888-734-3247).
DOT has a policy regarding the rights of small entities to regulatory
enforcement fairness and an explicit policy against retaliation for
exercising these rights.

E. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
(UMRA) requires Federal agencies to assess the effects of their
discretionary regulatory actions.
    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 $192 million (which is the value equivalent of $100 million
in 1995, adjusted for inflation to 2022 levels) or more in any 1 year.
Though this rulemaking will not result in such an expenditure, and the
analytical requirements of UMRA do not apply as a result, the Agency
discusses the effects of this rule elsewhere in this preamble.

F. Paperwork Reduction Act

    This rulemaking contains no new information collection requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

G. E.O. 13132 (Federalism)

    A rule has implications for federalism under section 1(a) of E.O.
13132 if it has ``substantial direct effects 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.''
    FMCSA has determined that this rulemaking does not have substantial
direct costs on or for States, nor does it limit the policymaking
discretion of States. Nothing in this document preempts any State law
or regulation. Therefore, this rulemaking does not have sufficient
federalism implications to warrant the preparation of a Federalism
Impact Statement.

H. Privacy

    The Consolidated Appropriations Act, 2005,\6\ requires the Agency
to assess the privacy impact of a regulation that will affect the
privacy of individuals. This rulemaking does not require the collection
of personally identifiable information.
---------------------------------------------------------------------------

    \6\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 4, 2014).
---------------------------------------------------------------------------

I. E.O. 13175 (Indian Tribal Governments)

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

J. National Environmental Policy Act of 1969

    FMCSA analyzed this rule pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321, et seq.) and determined this action
is categorically excluded from further analysis and documentation in an
environmental assessment or environmental impact statement under FMCSA
Order 5610.1 (69 FR 9680), Appendix 2, paragraph 6(b). This Categorical
Exclusion (CE) covers minor revisions to regulations. The requirements
in this rulemaking are covered by this CE.

List of Subjects in 49 CFR 385

    Administrative practice and procedure, Highway safety,
Incorporation by reference, Mexico, Motor carriers, Motor vehicle
safety, Reporting and recordkeeping requirements.

    In consideration of the foregoing, FMCSA amends 49 CFR chapter III,
part 385, as set forth below:

PART 385--SAFETY FITNESS PROCEDURES

0
1. The authority citation for part 385 continues to read as follows:

    Authority:  49 U.S.C. 113, 504, 521(b), 5105(d), 5109, 5113,
13901-13905, 13908, 31135, 31136, 31144, 31148, 31151, 31502; sec.
113(a), Pub. L. 103-311, 108 Stat. 1673,

1676; sec. 408, Pub. L. 104-88, 109 Stat. 803, 958; sec. 350, Pub.
L. 107-87, 115 Stat. 833, 864; sec. 5205, Pub. L. 114-94, 129 Stat.
1312, 1537; and 49 CFR 1.87.

0
2. Amend Sec.  385.4 by revising paragraph (b)(1) to read as follows:

Sec.  385.4  Matter incorporated by reference.

* * * * *
    (b) * * *
    (1) ``North American Standard Out-of-Service Criteria and Level VI
Inspection Procedures and Out-of-Service Criteria for Commercial
Highway Vehicles Transporting Transuranics and Highway Route Controlled
Quantities of Radioactive Materials as defined in 49 CFR part
173.403,'' April 1, 2023; incorporation by reference approved for Sec.
385.415(b).
* * * * *

    Issued under authority delegated in 49 CFR 1.87.
Robin Hutcheson,
Administrator.
[FR Doc. 2023-24448 Filed 11-7-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: January 12, 2010 (Volume 75, Number 7)]
[Notices]
[Page 1681-1683]
[DOCID:fr12ja10-103]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2009-0193; Notice 1]

Receipt of Petition for Decision That Nonconforming 2001 and 2002
Ducati MH900e Motorcycles are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition for decision that nonconforming
2001 and 2002 Ducati MH900e motorcycles are eligible for importation.

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

SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
2001 and

2002 Ducati MH900e motorcycles that were not originally manufactured to
comply with all applicable Federal Motor Vehicle Safety Standards
(FMVSS) are eligible for importation into the United States because
they are substantially similar to vehicles that were originally
manufactured for sale in the United States and that were certified by
their manufacturer as complying with the safety standards, and they are
capable of being readily altered to conform to the standards.

DATES: The closing date for comments on the petition is February 11,
2010.

ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: Comments must be written in the English language, and
be no greater than 15 pages in length, although there is no limit to
the length of necessary attachments to the comments. If comments are
submitted in hard copy form, please ensure that two copies are
provided. If you wish to receive confirmation that your comments were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
    How to Read Comments submitted to the Docket: You may read the
comments received by Docket Management at the address and times given
above. You may also view the documents from the Internet at http://
www.regulations.gov.
    Follow the online instructions for accessing the dockets. The
docket ID number and title of this notice are shown at the heading of
this document notice. Please note that even after the comment closing
date, we will continue to file relevant information in the Docket as it
becomes available. Further, some people may submit late comments.
Accordingly, we recommend that you periodically search the Docket for
new material.

FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle
Safety Compliance, NHTSA<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not
originally manufactured to conform to all applicable FMVSS shall be
refused admission into the United States unless NHTSA has decided that
the motor vehicle is substantially similar to a motor vehicle
originally manufactured for importation into or sale in the United
States, certified under 49 U.S.C. 30115, and of the same model year as
the model of the motor vehicle to be compared, and is capable of being
readily altered to conform to all applicable FMVSS.
    Petitions for eligibility decisions may be submitted by either
manufacturers or importers who have registered with NHTSA pursuant to
49 CFR Part 592. As specified in 49 CFR 593.7, NHTSA publishes notice
in the Federal Register of each petition that it receives, and affords
interested persons an opportunity to comment on the petition. At the
close of the comment period, NHTSA decides, on the basis of the
petition and any comments that it has received, whether the vehicle is
eligible for importation. The agency then publishes this decision in
the Federal Register.
    US SPECS, LLC (``US SPECS''), of Havre de Grace, Maryland
(Registered Importer 03-321) has petitioned NHTSA to decide whether
non-U.S. certified 2001 and 2002 Ducati MH900e motorcycles are eligible
for importation into the United States. The vehicles that US SPECS
believes are substantially similar are 2001 and 2002 Ducati MH900e
motorcycles that were manufactured for sale in the United States and
certified by their manufacturer as conforming to all applicable FMVSS.
    The petitioner claims that it carefully compared non-U.S.-certified
2001 and 2002 Ducati MH900e motorcycles to their U.S.-certified
counterparts, and found the vehicles to be substantially similar with
respect to compliance with most FMVSS.
    US SPECS submitted information with its petition intended to
demonstrate that non-U.S. certified 2001 and 2002 Ducati MH900e
motorcycles, as originally manufactured, conform to many FMVSS in the
same manner as their U.S.-certified counterparts, or are capable of
being readily altered to conform to those standards.
    Specifically, the petitioner claims that non-U.S. certified 2001
and 2002 Ducati MH900e motorcycles are identical to their U.S.-
certified counterparts with respect to compliance with Standard Nos.
116 Brake Fluid, 119 New Pneumatic Tires for Vehicles Other Than
Passenger Cars, and 122 Motorcycle Brake Systems.
    The petitioner further contends that the vehicles are capable of
being readily altered to meet the following standards, in the manner
indicated below:
    Standard No. 106 Brake Hoses: Inspection of all vehicles, and
replacement of noncompliant brake hoses with U.S.-model hoses on
vehicles that are not already so equipped.
    Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: Installation of the following U.S.-model components on
vehicles not already so equipped: (a) Headlamp; (b) front and rear
side-mounted reflex reflectors; (c) rear-mounted reflex reflector; (d)
turn signal lamps; and (e) taillamp.
    Standard No. 111 Rearview Mirrors: Inspection of all vehicles, and
replacement of noncompliant mirrors with U.S.-model components on
vehicles that are not already so equipped.
    Standard No. 120 Tire Selection and Rims for Vehicles Other Than
Passenger Cars: Installation of a tire information placard.
    Standard No. 123 Motorcycle Controls and Displays: Installation of
a U.S.-model speedometer, or modification of the existing speedometer
to conform to the requirements of the standard.
    Standard No. 205 Glazing Materials: Inspection of all vehicles, and
removal of noncompliant glazing or replacement of the glazing with
U.S.-model glazing on vehicles that are not already so equipped.
    All comments received before the close of business on the closing
date indicated above will be considered, and will be available for
examination in the docket at the above addresses both before and after
that date. To the extent possible, comments filed after the closing
date will also be considered. Notice of final action on the petition
will be published in the Federal

Register pursuant to the authority indicated below.

    Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8;
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: January 7, 2010.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2010-331 Filed 1-11-10; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 87, Number 183 (Thursday, September 22, 2022)]
[Rules and Regulations]
[Pages 57830-57832]
[FR Doc No: 2022-20548]

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

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0797]
RIN 1625-AA87

Security Zones; Corpus Christi Ship Channel, Corpus Christi, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing three temporary, 500-yard
radius, moving security zones for certain vessels carrying Certain
Dangerous Cargoes (CDC) within the Corpus Christi Ship Channel and La
Quinta Channel. The temporary security zones are needed to protect the
vessels, the CDC cargo, and the surrounding waterway from terrorist
acts, sabotage, or other subversive acts, accidents, or other events of
a similar nature. Entry of vessels or persons into these zones is
prohibited unless specifically authorized by the Captain of the Port
Sector Corpus Christi or a designated representative.

DATES: This rule is effective without actual notice from September 22,
2022 until September 25, 2022. For the purposes of enforcement, actual
notice will be used from September 21, 2022, until September 22, 2022.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Anthony Garofalo, Sector Corpus
Christi Waterways Management Division, U.S. Coast Guard; telephone 361-
939-5130, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Corpus Christi
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 it is impracticable. We must
establish these security zones by September 21, 2022 to ensure security
of these vessels and lack sufficient time to provide a reasonable
comment period and then consider those comments before issuing the
rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to provide for the security of the vessel.

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 Sector
Corpus Christi (COTP) has determined that potential hazards associated
with the transit of the Motor Vessel (M/V) CELSIUS CAROLINA when loaded
will be a security concern within a 500-yard radius of the vessel. This
rule is needed to provide for the safety and security the vessel, their
cargo, and surrounding waterway from terrorist acts, sabotage or other
subversive acts, accidents, or other events of a similar nature while
they are transiting within Corpus Christi, TX, from September 21, 2022
until September 25, 2022.

IV. Discussion of the Rule

    The Coast Guard is establishing four 500-yard radius temporary
moving security zones around M/V CELSIUS CAROLINA. The zone for the
vessel will

be enforced from September 21, 2022, until September 25, 2022. The
duration of the zone is intended to protect the vessel and cargo and
surrounding waterway from terrorist acts, sabotage or other subversive
acts, accidents, or other events of a similar nature. No vessel or
person will be permitted to enter the security zone without obtaining
permission from the COTP or a designated representative.
    Entry into the security zone is prohibited unless authorized by the
COTP or a designated representative. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard (USCG)
assigned to units under the operational control of USCG Sector Corpus
Christi. Persons or vessels desiring to enter or pass through each zone
must request permission from the COTP or a designated representative on
VHF-FM channel 16 or by telephone at<PHONE_NUMBER>. If permission is
granted, all persons and vessels shall comply with the instructions of
the COTP or designated representative. The COTP or a designated
representative will inform the public through Broadcast Notices to
Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety
Information Bulletins (MSIBs) as appropriate for the enforcement times
and dates for each security zone.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
duration, and location of the security zones. This rule will impact a
small designated area of 500-yards around the moving vessel in the
Corpus Christi Ship Channel and La Quinta Channel as the vessels
transit the channel over a five day period. Moreover, the rule allows
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 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
temporary security 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 moving security zone lasting for the
duration of time that the M/V CELSIUS CAROLINA is within the Corpus
Christi Ship Channel and La Quinta Channel while loaded with cargo. It
will prohibit entry within a 500 yard radius of M/V CELSIUS CAROLINA
while the vessel is transiting loaded within Corpus Christi Ship
Channel and La Quinta Channel. It is categorically excluded from
further review under L60 in Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A record of Environmental Consideration
supporting this determination is available in the docket. For
instructions

on locating the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T08-0797 to read as follows:

Sec.  165.T08-0797   Security Zones; Corpus Christi Ship Channel.
Corpus Christi, TX.

    (a) Location. The following area is a security zone: All navigable
waters encompassing a 500-yard radius around the M/V CELSIUS CAROLINA
while the vessel is in the Corpus Christi Ship Channel and La Quinta
Channel.
    (b) Enforcement period. This section will be enforced from
September 21, 2022 until September 25, 2022.
    (c) Regulations. (1) The general regulations in Sec.  165.33 of
this part apply. Entry into the zones described in paragraph (a) of
this section is prohibited unless authorized by the Captain of the Port
Sector Corpus Christi (COTP) or a designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to units under the operational control
of USCG Sector Corpus Christi.
    (2) Persons or vessels desiring to enter or pass through the zones
must request permission from the COTP Sector Corpus Christi on VHF-FM
channel 16 or by telephone at<PHONE_NUMBER>.
    (3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative.
    (d) Information broadcasts. The COTP or a designated representative
will inform the public through Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), and/or Marine Safety Information
Bulletins (MSIBs) as appropriate of the enforcement times and dates for
these security zones.

J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2022-20548 Filed 9-21-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 75 (Thursday, April 18, 2019)]
[Rules and Regulations]
[Pages 16213-16214]
[FR Doc No: 2019-07819]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0215]

Safety Zone, Brandon Road Lock and Dam to Lake Michigan Including
Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and
Calumet-Saganashkee Channel, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a segment of the Safety Zone:
Brandon Road Lock and Dam to Lake Michigan including Des Plaines River,
Chicago Sanitary and Ship Canal, Chicago River, and the Calumet-
Saganashkee Channel. This action is necessary in order to protect
vessels and persons from the potential hazards associated with
construction involving wires being airlifted via helicopter across the
river. During the enforcement period listed below, entry into,
transiting, or anchoring within the safety zone is prohibited unless
authorized by the Captain of the Port Lake Michigan or a designated
representative.

DATES: The regulations in 33 Code of Federal Regulations (CFR) 165.930
will be enforced without actual notice from April 18, 2019 through
April 21, 2019. For purposes of enforcement, actual notice will be used
from April 15, 2019 through April 18, 2019. Construction involving
airlifts will take place from 8 a.m. through 3 p.m. intermittently in
fifteen-minute intervals.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email LT John Ramos, Waterways
Management Division, Marine Safety Unit Chicago, at<PHONE_NUMBER>, email
address [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a segment of
the Safety Zone: Brandon Road Lock and

Dam to Lake Michigan including Des Plaines River, Chicago Sanitary and
Ship Canal, Chicago River, Calumet-Saganashkee Channel, Chicago, IL,
listed in 33 CFR 165.930. The safety zone will encompass all waters of
the South Branch Chicago River east of the Ashland Avenue Bridge, north
of the Adlai E. Stevenson Expressway Bridge and west of the South
Halsted Street Bridge. Enforcement will occur from April 15, 2019
through April 21, 2019. Construction involving airlifts will take place
from 8 a.m. to 3 p.m. intermittently in fifteen-minute intervals.
During the enforcement period, no vessel may transit this regulated
area without approval from the Captain of the Port, Lake Michigan or a
Captain of the Port, Lake Michigan designated representative. Vessels
and persons granted permission to enter the safety zone shall obey all
lawful orders or directions of the Captain of the Port, Lake Michigan,
or his or her on-scene representative.
    This notice of enforcement is issued under the authority of 33 CFR
165.930 and 5 U.S.C. 552 (a). In addition to this publication in the
Federal Register, the Captain of the Port Lake Michigan will also
provide notice through other means, which will include Broadcast Notice
to Mariners. Additionally, the Captain of the Port Lake Michigan may
notify representatives from the maritime industry through telephonic
notifications, email notifications, or by direct communication from on
scene patrol commanders. If the Captain of the Port Lake Michigan or a
designated representative determines that the regulated area does not
need to be enforced for the full duration stated in this notice of
enforcement, he or she may use a Broadcast Notice to Mariners to grant
general permission to enter the regulated area. The Captain of the Port
Lake Michigan or a designated on-scene representative may be contacted
via Channel 16, VHF-FM or at<PHONE_NUMBER>.

    Dated: April 15, 2019.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2019-07819 Filed 4-17-19; 8:45 am]
 BILLING CODE 9110-04-P