[Federal Register Volume 76, Number 199 (Friday, October 14, 2011)]
[Notices]
[Pages 63974-63976]
[FR Doc No: 2011-26533]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65519; File No. SR-CBOE-2011-094]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Amend the Fees Schedule

October 7, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 3, 2011, the Chicago Board Options Exchange,
Incorporated (the ``Exchange'' or ``CBOE'') filed with the Securities
and Exchange Commission (the ``Commission'') the proposed rule change
as described in Items I, II, and III below, which Items have been
prepared by the Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend its Fees Schedule. The text of the
proposed rule change is available on the Exchange's Web site (http://www.cboe.org/legal), at the Exchange's Office of the Secretary, and at
the Commission.

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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend the Fees Schedule related to monthly
facility fees and CBOEdirect connectivity charges.
    The Exchange proposes to amend CBOEdirect connectivity charges to
clarify that charges assessed for access to a Network Access Port are
per gigabyte, for both regular access and Sponsored Users. Currently,
access to such Network Access Ports is only available in one-gigabyte
increments. However, in the future, the Exchange may offer faster
access at a higher gigabyte level, and may elect to charge a higher
rate for such access (as the infrastructure and equipment involved
would be costlier). To the extent the Exchange does offer faster access
at a higher gigabyte level, and assesses a higher rate, the Exchange
will submit a rule filing prior to doing so. The Exchange therefore
proposes to clarify that the current rates assessed are for one-
gigabyte access.
    The Exchange also proposes to increase the fees charged for such
access to a Network Access Port $250 per month for regular access and
$500 per month for Sponsored User access. The Exchange recently made a
sizable investment to upgrade the equipment involved in the Network
Access Port, and thereby proposes to increase the fees in order to
recoup such costs and maintain such equipment in the future. The
Exchange currently charges a different rate for regular access and
Sponsored User access, and merely proposes to increase the rates in
equal proportion. Moreover, this change in Network Access Port fees is
in line with the amounts assessed for similar access at other
exchanges. The International Securities Exchange, Inc. (``ISE'')
assesses a fee of $500 for network access up to and including 1
gigabyte.\3\
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    \3\ See ISE Schedule of Fees, page 9.
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    The Exchange also proposes to amend the Fees Schedule related to
CBOEdirect connectivity charges to assess a fee for each CMI Login ID.
Firms may access CBOEdirect via either a CMI Client Application Server
or a FIX Port, depending on how their systems are configured.
Currently, the Exchange assesses a fee for each CMI Client Application
Server. However, a firm may have many users, using different Login IDs,
accessing the same CMI Client Application Server, allowing the firm to
only pay the monthly fee once. Alternatively, a firm may use the same
Login ID to access different CMI Client Application Servers, thereby
paying multiple times for the same Login ID. At the same time, FIX
Ports are shared, and firms pay the monthly fee for access to FIX Ports
on a per Login ID basis (though this is not currently clear on the Fees
Schedule). As such, those firms who have many Login IDs but are

accessing the same CMI Client Application Server are avoiding paying a
fee for each Login ID. The Exchange proposes to rectify this issue by
charging for each CMI Login ID, and to clarify that access via a FIX
Port is also per Login ID. The amounts of the rates are the same, so
there would be no preference for firms using either access point. This
change, too, would allow the Exchange to recoup some of the costs
related to the investment in upgrading the connectivity equipment, as
well as maintain this new equipment in the future.
    The Exchange also proposes to increase co-location fees to $50 per
month per ``U'', or $100 per month per ``U'' for Sponsored Users (the
term ``U'' is used to indicate an equipment unit 1.75'' high with a
maximum power of 125 watts per U space). The Exchange recently upgraded
this equipment as well, and the increased co-location fees would allow
the Exchange to recoup some of the costs associated with this
investment and maintain this upgraded equipment in the future. The
amount of these fees is still lower than those assessed on a number of
other exchanges. For example, NASDAQ OMX PHLX LLC (``Phlx'') charges a
fee of $150 per U.\4\
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    \4\ See Phlx Fee Schedule, Section 6.
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    Finally, the Exchange proposes to add the CBOE Trading Floor
Terminal fee to the Fees Schedule. The Exchange provides a physical
computer terminal for brokers to access the CBOE trading systems. The
purpose of the $250 per month fee for use of the terminals is to recoup
the costs associated with purchasing and maintaining the terminals.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the Act
\5\ in general, and furthers the objectives of Section 6(b)(4) \6\ of
the Act in particular, in that it is designed to provide for the
equitable allocation of reasonable dues, fees, and other charges among
CBOE Trading Permit Holders and other persons using Exchange
facilities.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
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    The proposed change to increase co-location fees is reasonable
because the new fees are still lower than those assessed on other
exchanges \7\ and is equitable and not unfairly discriminatory because
the fees, as before, will be assessed to all market participants.
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    \7\ See Note 4.
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    The proposed change to increase the Network Access Port fees and
clarify that such fees are for 1 gigabyte access is reasonable because
the fees are within the same range as those assessed on other
exchanges.\8\ This proposed change is equitable and not unfairly
discriminatory because the fees, as before, will be assessed to all
market participants.
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    \8\ See Note 3.
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    The proposed change to assess CMI CBOEdirect connectivity charges
based on Login ID, as opposed to Client Application Server, is
reasonable because the fees for such connectivity, on a per Login ID
basis, will be the same as those for FIX connectivity, and is equitable
and not unfairly discriminatory because market participants desiring
connectivity will now be paying the same amount for a connection via
either FIX or CMI.
    Assessing higher fees for Sponsored Users is equitable and not
unfairly discriminatory because Sponsored Users are able to access the
Exchange and use the equipment provided without purchasing a trading
permit. As such, Trading Permit Holders who have purchased a trading
permit will have a higher level of commitment to transacting business
on the Exchange and using Exchange facilities than Sponsored Users.
    The proposed change to add the CBOE Trading Floor Terminal fee to
the Fees Schedule is reasonable because the amount is within the range
of other fees assessed for trading floor terminal rental \9\ and is
equitable and not unfairly discriminatory because the fee will be
assessed to all market participants.
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    \9\ See Exchange Fees Schedule, Section 8(F)(10).
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    Finally, the proposed change to clarify that the Exchange fees for
FIX connectivity are assessed on a per Login ID basis furthers the
objectives of Section 6(b)(5) \10\ of the Act in particular, in that it
is designed 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, by eliminating any confusion
regarding the basis on which such fees are assessed.
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    \10\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act.

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 proposed rule change is designated by the Exchange as
establishing or changing a due, fee, or other charge, thereby
qualifying for effectiveness on filing pursuant to Section 19(b)(3)(A)
of the Act \11\ and subparagraph (f)(2) of Rule 19b-4 \12\ thereunder.
At any time within 60 days of the filing of the proposed rule change,
the Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2011-094 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2011-094. This file
number should be included on the subject line if e-mail is used.
    To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml.) Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the

Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room on official business days
between the hours of 10 a.m. and 3 p.m. Copies of such filing also will
be available for inspection and copying at the principal offices of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
CBOE-2011-094, and should be submitted on or before November 4, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-26533 Filed 10-13-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Rules and Regulations]
[Pages 65521-65523]
[FR Doc No: 2018-27669]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0705]
RIN 1625-AA00

Regulated Navigation Area and Safety Zone: Tappan Zee Bridge
Construction Project, Hudson River; South Nyack and Tarrytown, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule and request for comments.

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SUMMARY: The Coast Guard is extending the effective period of the
temporary regulated navigation areas and safety zone for the navigable
waters of the Hudson River, NY, surrounding the Tappan Zee Bridge. This
rule will extend the effective period of the existing temporary interim
rule for an additional year, now ending on December 31, 2019. This rule
will continue to prohibit all persons and vessel traffic from the
safety zone and enforce speed and wake restrictions for the Eastern and
Western regulated navigation areas as cited in this rule unless
exceptions are authorized by the First District Commander or a
designated representative. These regulated navigation areas and safety
zone continue to be necessary to protect personnel, vessels, and the
marine environment from potential hazards during the removal of the
existing Tappan Zee Bridge and construction of a new bridge.

DATES: The effective period of Sec.  165.T01-0174 is extended to
December 31, 2019. The amendments in this rule are effective from
December 31, 2018, through December 31, 2019.
    Comments and related material must be received by the Coast Guard
on or before April 1, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2013-0705 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule. You may submit
comments identified by docket number USCG-2013-0705 using the Federal
eRulemaking Portal at http://www.regulations.gov. See the ``Public
Participation and Request for Comments'' portion for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Craig Lapiejko, Waterways Management at Coast Guard
First District, telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>or, Mr. Jeff Yunker, Coast Guard Sector New York Waterways Management
Division, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NYSTA New York State Thruway Authority
RNA Regulated Navigation Area
NPRM Notice of proposed rulemaking
TIR Temporary Interim Rule
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On September 26, 2013, the Coast Guard published a temporary
interim rule (TIR) establishing a regulated navigation area (RNA) on
the navigable waters of the Hudson River, NY, for the Tappan Zee Bridge
replacement project (78 FR 59231). We received no comments on the
September 26, 2013, TIR. No public meeting was requested, and none was
held. Construction on the Tappan Zee Bridge replacement project began
on October 1, 2013.
    On July 25, 2014, the Coast Guard published a change to the
original TIR which established a new safety zone and expanded the RNA
to create both an Eastern and Western RNA for the Tappan Zee Bridge
replacement project on navigable waters of the Hudson River, NY (79 FR
43250). We received two comments on the July 25, 2014, TIR. The first
comment referenced an unrelated rulemaking effort to establish
anchorage locations along the Hudson River. The second comment merely
provided the environmental checklist for the TIR. No public meeting was
requested, and none was held.
    Today's TIR extends the effective period of the rule for one year
until December 31, 2019, due to delays of the Tappan Zee Bridge
replacement project.
    On August 23, 2018, the NYSTA requested the RNAs and safety zone be
extended until December 31, 2019, to complete all remaining contract
operations in and over the Hudson River, including, but not limited to
steel erection, concrete bridge deck placements, installation of
navigation lighting, and removal of the original Tappan Zee Bridge.
    The Coast Guard is issuing this temporary interim 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 NPRM with
respect to this rule because doing so would be impracticable and
contrary to the public interest. The notice allowing the construction
project to proceed and providing updated timelines for the project was
only recently finalized and provided to the Coast Guard, which did not
give the Coast Guard enough time to publish a NPRM, take public
comments, and issue a final rule before the existing regulation
expires. Timely action is needed to respond to the potential safety
hazards associated with removal of the original bridge and construction
of a new replacement bridge. It would be impracticable and contrary to
the public interest to publish a NPRM because we must extend the
effective period of the safety zone and RNAs as soon as possible to
protect the safety of the waterway users, construction crew, and other
personnel associated with the bridge project. A delay of the project to
accommodate a full notice and comment period would delay necessary
operations, result in increased costs, and delay the completion date of
the bridge project and subsequent reopening of the Hudson River for
normal operations.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for

making it effective less than 30 days after publication in the Federal
Register. For reasons stated in the preceding paragraph, delaying the
effective date of this rule would be impracticable and contrary to the
public interest because timely action is needed to respond to the
potential safety hazards associated with the project.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231.
    The First District Commander has determined that potential hazards
exist associated with this bridge construction, and removal project
that has already commenced, and will continue through December 31,
2019, will be a safety concern for anyone within the work zone. The
construction and removal of the bridge continues to be extremely
complex and presents many safety hazards including overhead crane
operations, overhead cutting operations, potential falling debris, and
barges positioned in the Hudson River, and along the length of the
bridge. In order to mitigate the inherent risks involved with the
removal of a bridge, and installation of the new bridge, it is
necessary to control vessel movement through the area. The purpose of
this TIR is to ensure the safety of waterway users, the public, and
construction workers for the duration of the new bridge construction
and demolition. Heavy-lift operations are sensitive to water movement,
and wake from passing vessels could pose significant risk of injury or
death to construction workers. In order to minimize such unexpected or
uncontrolled movement of water, any vessel transiting through the
Western and Eastern RNA must make a direct and expeditious passage. No
vessel may stop, moor, anchor, or loiter within the RNA at any time
unless they are working on the bridge construction operations. This
rule is needed to protect personnel, vessels, and the marine
environment on the navigable waters of the Hudson River, NY, during the
bridge project.

IV. Discussion of the Rule

    This rule extends the effective period of the temporary interim
rule for the navigable waters of the Hudson River, NY, surrounding the
Tappan Zee Bridge for one additional year until December 31, 2019.
There are no other changes to the regulatory text of this rule as cited
in 33 CFR Sec.  165.T01-0174. This rule will continue to prohibit all
persons and vessel traffic from the safety zone and enforce speed and
wake restrictions for the Eastern and Western RNAs unless exceptions
are authorized by the First District Commander or a designated
representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive order 13771.
    This regulatory action determination is based on the following
reasons: Vessel traffic would only be restricted from the Eastern RNA
for limited durations. The Eastern RNA covers only a small portion of
the navigable waterway which includes the Federal navigation channel.
Furthermore, while the Federal navigation channel on the Hudson River
is closed, vessels that can safely navigate outside the channel may
still be able to transit through the Western RNA or the portion of the
Eastern RNA which does not encompass the Federal Navigation channel,
depending on the project schedule and location of project vessels in
these areas. The Coast Guard does not expect to receive any additional
requests to close the entire Federal navigation channel in 2019, based
upon the current construction progress, except in case of an emergency.
    Advance public notifications will also be made to local mariners
through appropriate means, which may include but are not limited to,
Local Notice to Mariners, Broadcast Notice to Mariners, and the Boater
Safety Information section of the project website at http://www.newnybridge.com.

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
would not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
RNAs and safety zone may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant 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 temporary interim 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 would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule would 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, which guides the Coast Guard in complying with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and
have made a preliminary determination 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
extending the effective time for one year restricting vessel movement
within regulated navigation areas and safety zone on the navigable
waters of Hudson River in vicinity of the Tappan Zee Bridge
construction project. Normally such actions are categorically excluded
from further review under paragraph L60(a) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of
Environmental Consideration for Categorically Excluded Actions is
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this temporary interim rule.

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.

VI. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this TIR as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Amend Sec.  165.T01-0174 by revising the introductory text of
paragraph (d) to read as follows:

Sec.  165.T01-0174   Regulated Navigation Areas and Safety Zone Tappan
Zee Bridge Construction Project, Hudson River; South Nyack and
Tarrytown, NY.

* * * * *
    (d) Enforcement periods. This regulation will be enforced 24 hours
a day from 11:59 p.m. on December 31, 2018 until 11:59 p.m. on December
31, 2019.
* * * * *

    Dated: December 18, 2018.
Andrew J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2018-27669 Filed 12-20-18; 8:45 am]
 BILLING CODE 9110-04-P