[Federal Register: August 17, 2006 (Volume 71, Number 159)]
[Notices]
[Page 47534-47535]
[DOCID:fr17au06-86]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL1-98]

National Technical Systems, Inc.; Application for Renewal of
Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: This notice announces the application of National Technical
Systems, Inc., (NTS) for renewal of its recognition, and presents the
Agency's preliminary finding to grant this request. This preliminary
finding does not constitute an interim or temporary approval of the
renewal application.

DATES: You must submit information or comments, or any request for
extension of the time to comment, by the following dates:
     Hard copy: postmarked or sent by September 1, 2006.
     Electronic transmission or facsimile: sent by September 1,
2006.

ADDRESSES: You may submit information or comments to this notice--
identified by docket number NRTL1-98--by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the instructions for submitting comments.
     OSHA Web site: http://ecomments.osha.gov. Follow the

instructions for submitting comments on OSHA's Web page.
     Fax: If your written comments are 10 pages or fewer, you
may fax them to the OSHA Docket Office at<PHONE_NUMBER>.
     Regular mail, express delivery, hand delivery and courier
service: Submit three copies to the OSHA Docket Office, Docket No.
NRTL1-98, U.S. Department of Labor, 200 Constitution Avenue, NW., Room
N-2625, Washington, DC 20210; telephone<PHONE_NUMBER>. (OSHA's TTY
number is<PHONE_NUMBER>). OSHA Docket Office hours of operation are
8:15 a.m. to 4:45 p.m., EST.
    Instructions: All comments received will be posted without change
to http://dockets.osha.gov, including any personal information

provided. OSHA cautions you about submitting personal information such
as social security numbers and birth dates.
    Docket: For access to the docket to read background documents or
comments received, go to http://dockets.osha.gov. Contact the OSHA

Docket Office for information about materials not available through the
OSHA Web page and for assistance in using the Web page to locate docket
submissions.
    Extension of Comment Period: Submit requests for extensions
concerning this notice to the Office of Technical Programs and
Coordination Activities, NRTL Program, Occupational Safety and Health
Administration, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Room N-3655, Washington, DC 20210. or, fax to<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Director, Office of Technical Programs
and Coordination Activities, NRTL Program, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue, NW., Room N-3655, Washington, DC 20210, or phone (202) 693-
2110.

SUPPLEMENTARY INFORMATION:

Notice of Renewal Application

    The Occupational Safety and Health Administration (OSHA) hereby
gives notice that National Technical Systems, Inc., (NTS) has applied
for renewal of its recognition as a Nationally Recognized Testing
Laboratory (NRTL). The NTS renewal request covers its existing scope of
recognition. OSHA's current scope of recognition for NTS may be found
in the following informational Web page: http://www.osha.gov/dts/otpca/nrtl/
 nts.html.

    OSHA recognition of an NRTL signifies that the organization has met
the legal requirements in Sec.  1910.7 of Title 29, Code of Federal
Regulations (29 CFR 1910.7). Recognition is an acknowledgment that the
organization can perform independent safety testing and certification
of the specific products covered within its scope of recognition and is
not a delegation or grant of government authority. As a result of
recognition, employers may use products ``properly certified''\1\ by
the NRTL to meet OSHA standards that require testing and certification.
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    \1\ Properly certified means, in part, that the product is
labeled or marked with the NRTL's ``registered'' certification mark
(i.e., the mark the NRTL uses for its NRTL work) and that the
product certification falls within the scope of recognition of the
NRTL.
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    The Agency processes applications by an NRTL for initial
recognition or for expansion or renewal of this recognition following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the Agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding and, in the second
notice, the Agency provides its final decision on the application.
These notices set forth the NRTL's scope of recognition or
modifications of that scope. We maintain an informational Web page for
each NRTL, which details its scope of recognition. These pages can be
accessed from our Web site at http://www.osha.gov/dts/otpca/nrtl/index.html
.

    The most recent notice published by OSHA specifically related to
the NTS recognition granted its NRTL status, which became effective as
noted below. However, OSHA issued a notice to modify the scope of a
number of NRTLs to replace or delete withdrawn test standards (70 FR
11273, March 8, 2005). NTS was one of those NRTLs.
    The current address of the NTS facility already recognized by OSHA
is: National Technical Systems, Inc., 1146 Massachusetts Avenue,
Boxborough, MA 01719.

General Background on the Renewal Application

    National Technical Systems, Inc., (NTS) initially received OSHA
recognition as a Nationally Recognized Testing Laboratory on December
10, 1998 (63 FR 68306) for a five-year period ending on December 10,
2003. Appendix A to 29 CFR 1910.7 stipulates that the period of
recognition of an NRTL is five years and that an NRTL may renew its
recognition by applying not less than nine months, nor more than one
year, before the expiration date of its current recognition. NRTLs
submitting requests within this allotted time period retain their
recognition during OSHA's renewal process. NTS has submitted a request,
dated February 13, 2003 (see Exhibit 7), to renew its recognition,
within the allotted time period, and retains its recognition pending
OSHA's final decision in this renewal process. In connection with the
renewal, OSHA staff performed an on-site visit of the NRTL's site in
January 2005. Based on this visit, the staff recommended renewal of the
NTS recognition in the on-site review report dated July 22, 2005 (see
Exhibit 7-1). The NTS existing scope of recognition consists of the
facility listed above, and the test standards and supplemental programs
listed below. OSHA deferred processing of the renewal request due to
certain changes the NRTL considered making to its operations, but
processing of the request also has been delayed through no fault of the
NRTL.
    NTS seeks renewal of its recognition for the one site that OSHA
currently includes within the NRTL's scope. NTS also seeks renewal of
its recognition for continued testing and certification of products for
demonstration of conformance to the following test standards.

UL 484 Room Air Conditioners
UL 489 Molded-Case Circuit Breakers, Molded-Case Switches, and Circuit-
Breaker Enclosures
UL 499 Electric Heating Appliances
UL 544 Medical and Dental Equipment
UL 1012 Power Units Other Than Class 2
UL 1778 Uninterruptible Power Systems
UL 1863 Communications-Circuit Accessories
UL 1995 Heating and Cooling Equipment
UL 60601-1 Medical Electrical Equipment, Part 1: General Requirements
for Safety
UL 60950 Information Technology Equipment--Safety--Part 1: General
Requirements
UL 61010A-1 Electrical Equipment For Laboratory Use; Part 1: General
Requirements
UL 61010B-1 Electrical Measuring and Test Equipment; Part 1: General
Requirements

    The designations and titles of the above test standards were
current at the time of the preparation of this notice.
    OSHA's recognition of NTS, or any NRTL, for a particular test
standard is limited to equipment or materials (i.e., products) for
which OSHA standards require third-party testing and certification
before use in the workplace. Consequently, if a test standard also
covers any product(s) for which OSHA does not require such testing and
certification, an NRTL's scope of recognition does not include that
product(s).
    Many UL test standards also are approved as American National
Standards by the American National Standards Institute (ANSI). However,
for convenience, we use the designation of the standards developing
organization for the standard as opposed to the ANSI designation. Under
our procedures, any NRTL recognized for an ANSI-approved test standard
may use either the latest proprietary version of the test standard or
the latest ANSI version of that standard. You may contact ANSI to find
out whether or not a test standard is currently ANSI-approved.

Programs and Procedures

    The renewal would include continued use by NTS of supplemental
programs 4, 8, and 9.

    Program 4: Acceptance of witnessed testing data.
    Program 8: Acceptance of product evaluations from organizations
that function as part of the International Electrical Commission
Certification Body (IEC-CB) Scheme.
    Program 9: Acceptance of services other than testing or evaluation
performed by subcontractors or agents.
    In developing these programs, OSHA responded to industry requests
and allowed certain of their ongoing practices to continue but in a
manner controlled by OSHA criteria. In this sense, they are special
conditions that the Agency places on an NRTL's recognition. OSHA does
not consider these programs in determining whether an NRTL meets the
requirements for recognition under 29 CFR 1910.7. However, these
programs help to define the scope of that recognition.

Preliminary Finding on the Renewal

    NTS has submitted an acceptable request for renewal of its
recognition as an NRTL. Our review of the application file, the on-site
review report, and other pertinent documents, indicates that NTS can
meet the requirements, as prescribed by 29 CFR 1910.7, for the renewal
of the one site and the test standards and programs listed above. This
preliminary finding does not constitute an interim or temporary
approval of the application.
    OSHA welcomes public comments, in sufficient detail, as to whether
NTS has met the requirements of 29 CFR 1910.7 for the renewal of its
recognition as a Nationally Recognized Testing Laboratory. Your
comments should consist of pertinent written documents and exhibits.
Should you need more time to comment, you must request it in writing,
including reasons for the request. OSHA must receive your written
request for extension at the address provided above no later than the
last date for comments. OSHA will limit any extension to 30 days,
unless the requester justifies a longer period. We may deny a request
for extension if it is not adequately justified. You may obtain or
review copies of the NTS request, the on-site review report, and all
submitted comments, as received, by contacting the Docket Office, Room
N2625, Occupational Safety and Health Administration, U.S. Department
of Labor, at the above address. Docket No. NRTL1-98 contains all
materials in the record concerning the NTS application.
    The NRTL Program staff will review all timely comments and, after
resolution of issues raised by these comments, will recommend whether
to grant the NTS renewal request. The Assistant Secretary will make the
final decision on granting the renewal and, in making this decision,
may undertake other proceedings that are prescribed in Appendix A to 29
CFR 1910.7. OSHA will publish a public notice of this final decision in
the Federal Register.

    Signed at Washington, DC this 9th day of August, 2006.
Edwin G. Foulke, Jr.,
Assistant Secretary.
 [FR Doc. E6-13542 Filed 8-16-06; 8:45 am]

BILLING CODE 4510-26-P


[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)]
[Notices]
[Pages 46315-46317]
[FR Doc No: 2017-21278]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81753; File No. SR-MIAX-2017-41]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend MIAX Options Rule 529, Order Routing to
Other Exchanges

September 28, 2017.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on September 20, 2017, Miami International
Securities Exchange, LLC (``MIAX Options'' or ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') a proposed rule
change as described in Items I, II, and III below, which Items have
been prepared by the Exchange. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend Exchange Rule 529, Order
Routing to Other Exchanges.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.miaxoptions.com/rule-filings, at MIAX's
principal office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 529, Order Routing to Other
Exchanges, to provide additional information in the Route Notification
broadcast as described in subsection (b)(2)(i). Specifically, the
Exchange proposes to include the expected price to which the interest
will be routed in the Route Notification message distributed via the
Exchange's data feed. Additionally, the Exchange proposes to amend the
rule text to improve its clarity and precision. The Exchange also
proposes to adopt new Interpretations and Policies .02 to clarify that,
for purposes of Rule 529, the expected price to which the interest will
be routed is the ABBO \3\ at the start of the Route Timer.
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    \3\ The term ``ABBO'' or ``Away Best Bid or Offer'' means the
best bid(s) or offer(s) disseminated by other Eligible Exchanges and
calculated by the Exchange based on market information received by
the Exchange from OPRA. See Exchange Rule 100.
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    Under Exchange Rule 529 the Exchange may automatically route orders
to other exchanges under certain circumstances. The Exchange will
employ one of two Route Mechanisms, Immediate Routing or the Route
Timer,\4\ when a Public Customer \5\ order is received and/or
reevaluated that is both routable and marketable against the opposite
side ABBO upon receipt and the Exchange's disseminated market is not
equal to the opposite side ABBO, or is equal to the opposite side ABBO
and of insufficient size to satisfy the order.\6\
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    \4\ A Route Timer is a brief timer that operates as a pause
before marketable interest is routed to an away exchange. See
Exchange Rule 529(b)(2)(i).
    \5\ The term ``Public Customer'' means a person that is not a
broker or dealer in securities. See Exchange Rule 100.
    \6\ See Exchange Rule 529(b).
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    Under the Exchange's proposal, all existing functionality of the
Route Timer will remain intact. Currently, Public Customer orders that
are not eligible for Immediate Routing are subject to a Route Timer.
The Route Timer, which will never exceed one second, allows Market
Makers \7\ and

other market participants an opportunity to interact with the
initiating order before it is routed to another options exchange.\8\
Contemporaneously with the start of the Route Timer, the Exchange's
System \9\ broadcasts a Route Notification message to subscribers of
the Exchange's Administrative Information Subscriber (``AIS'') data
feed. The Route Notification message includes the option contract size
and side of the market of the initiating Public Customer order.\10\ The
Exchange now proposes to also include the expected price to which the
interest will be routed in the Route Notification message.
Additionally, the Exchange proposes to adopt new Interpretations and
Policies .02 to state that, for purposes of this Rule, the expected
price to which the interest will be routed is the ABBO at the start of
the Route Timer.\11\
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    \7\ The term ``Market Makers'' refers to ``Lead Market Makers'',
``Primary Lead Market Makers'' and ``Registered Market Makers''
collectively. See Exchange Rule 100.
    \8\ See Exchange Rule 529(b)(2)(i).
    \9\ The term ``System'' means the automated trading system used
by the Exchange for the trading of securities. See Exchange Rule
100.
    \10\ See Exchange Rule 529(b)(2)(i).
    \11\ The Exchange notes that the expected price to which the
interest will be routed may differ from the actual price to which
the interest is routed due to changes in the market that occur
during the duration of the Route Timer.
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    The System will display and book the initiating order at its limit
price, or if the limit price locks or crosses the current opposite side
NBBO,\12\ display the initiating order one Minimum Price Variation
(``MPV'') \13\ away from the current opposite side NBBO and book the
initiating order at a price that will internally lock the current
opposite side NBBO. The initiating order will remain available for
execution up to its original bid or down to its original offer.\14\
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    \12\ The term ``NBBO'' means the national best bid or offer as
calculated by the Exchange based on market information received from
OPRA. See Exchange Rule 100.
    \13\ See Exchange Rule 510.
    \14\ See Exchange Rule 529(b)(2)(i).
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    If, during the Route Timer, the Exchange receives a new order or
quote on the opposite side of the market from the initiating order that
can be executed, the System will immediately execute the remaining
contracts from the initiating order to the extent possible, provided
that the execution price does not violate the current NBBO.\15\
Conversely, if during the Route Timer the Exchange receives orders or
quotes on the same side of the market as the initiating order, such new
orders or quotes will join the initiating order in the Route Timer.\16\
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    \15\ Id.
    \16\ See Exchange Rule 529(b)(2)(iii).
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    If at any point during the Route Timer the initiating order and all
joining interest on the same side of the market is either traded in
full or cancelled in full, the Route Timer will be terminated and
normal trading will resume.\17\ In addition, if at any point during the
Route Timer a change in the ABBO would allow all or part of the
initiating order and any joining interest on the same side of the
market to trade on the Exchange at the revised NBBO, the Route Timer
will be terminated and normal trading will resume.\18\
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    \17\ Id.
    \18\ Id.
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    At the end of the Route Timer, the System will route Intermarket
Sweep Orders \19\ representing the initiating order's remaining
contracts to away markets disseminating the ABBO. The System will price
the routed order at the opposite side ABBO with a size equal to the
exchange's disseminated ABBO size as needed. If there are still
additional contracts to be executed from the initiating order after the
Intermarket Sweep Orders have been routed to the away markets
disseminating the ABBO for the away markets' full size, the System will
handle remaining interest from the initiating order in accordance with
the provisions of Exchange Rule 515, Execution of Orders and
Quotes.\20\
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    \19\ See Exchange Rule 516(f).
    \20\ See Exchange Rule 529(b)(2)(iv).
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    The Exchange also proposes to amend Rule 529(b)(2)(i) to correct
the sentence which reads, ``[c]ontemporaneously with the start of the
Timer, the System will broadcast a Route Notification to subscribers of
the Exchange's data feeds. . . .'' The Exchange broadcasts the Route
Notification on a single data feed, the AIS feed. Therefore, the
Exchange proposes to amend the rule text to specifically identify the
data feed by its name, the Administrative Information Subscriber
(``AIS'') data feed.
    The Exchange also notes that other option exchanges offer similar
functionality in their respective routing mechanisms. Those routing
mechanisms (i) expose eligible initiating interest at the best price,
(ii) contain an exposure period, the duration of which does not exceed
one second, and (iii) route remaining interest to away markets at the
conclusion of the exposure period.\21\ In particular, those routing
mechanisms also expose their expected route price, which the Exchange
is now proposing to expose as well pursuant to this proposed rule
change. For example, BATS EDGX Exchange, Inc. (``BATS EDGX'') Rule
21.18 provides for a Step Up Mechanism (``SUM'') which electronically
exposes eligible orders at the NBBO price immediately upon receipt. As
well, the BATS EDGX rule prescribes that the exposure period shall be
for a period of time determined by the Exchange on a class-by-class
basis, which period of time shall not exceed one second.\22\ Following
the exposure period, BATS EDGX routes the remaining portion of the
exposed order to other exchanges.\23\ Accordingly, pursuant to the
proposed rule change, the Exchange is merely proposing to make
available the same type of information about the order to be routed as
is currently made available by other options exchanges.\24\
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    \21\ See BATS EDGX Rule 21.18, Nasdaq PHLX Rule 1080(m)(iv)(B)
and (C), and NYSE American Rule 994NY.
    \22\ See BATS EDGX 21.18(b)(1).
    \23\ See BATS EDGX 21.18(b)(4).
    \24\ See supra note 21.
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2. Statutory Basis
    MIAX believes that its proposed rule change is consistent with
Section 6(b) of the Act \25\ in general, and furthers the objectives of
Section 6(b)(5) of the Act \26\ in particular, in that it is 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 mechanisms of a
free and open market and a national market system and, in general, to
protect investors and the public interest.
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    \25\ 15 U.S.C. 78f(b).
    \26\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes the proposed changes promote just and
equitable principles of trade, remove impediments to and perfect the
mechanism of a free and open market and a national market system
because they seek to improve the accuracy of the Exchange's rules. In
particular, the Exchange believes that the proposed rule changes will
provide greater clarity to Members and the public regarding the
Exchange's Rules, and it is in the public interest for rules to be
accurate and concise so as to eliminate the potential for confusion.
    The Exchange believes that including the expected price to which
the interest will be routed in the Route Notification message promotes
just and equitable principles of trade and removes impediments to a
free and open market by providing greater transparency concerning the
operation of Exchange functionality. The Exchange also believes the
proposal will contribute to

the protection of investors and the public interest by clarifying the
Exchange's rules. The Exchange believes that additional clarity and
transparency in the Exchange's rules will strengthen investor
confidence in the market and facilitate fair competition among market
participants. The Exchange notes that other option exchanges that offer
similar functionality have similar rules in place.\27\
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    \27\ See supra note 21.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. Specifically,
the Exchange believes the proposed rule change will not impose any
burden on competition as the Exchange is merely providing supplemental
information that may be derived by market participants independently.
The Exchange's proposal does not substantively modify any Exchange
functionality and is not designed to address any competitive issues,
but rather to provide additional information in the Route Notification
message and add further clarity to the Exchange's rules. Since the
Exchange does not propose to substantively modify the operation of
exchange functionality, the proposed rule change will not impose any
burden on inter-market competition. Additionally, the Exchange does not
believe the proposed rule change will impose any burden on intra-market
competition as the Rules apply equally to all Exchange Members.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A) of the Act \28\ and Rule 19b-4(f)(6) \29\
thereunder.
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    \28\ 15 U.S.C. 78s(b)(3)(A).
    \29\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is 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 to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the 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- MIAX-2017-41 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-MIAX-2017-41. 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-MIAX-2017-41 and should be
submitted on or before October 25, 2017. For the Commission, by the
Division of Trading and Markets, pursuant to delegated authority.\30\
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    \30\ 17 CFR 200.30-3(a)(12).

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-21278 Filed 10-3-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: January 11, 2011 (Volume 76, Number 7)]
[Rules and Regulations]
[Page 1521-1523]
[DOCID:fr11ja11-8]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0423]
RIN 1625-AA87

Security Zone: Fleet Industrial Supply Center Pier, San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing a security zone on the navigable
waters of San Diego Bay, San Diego, CA. The existing zone is around the
former Fleet Industrial Supply Center Pier. The pier is no longer owned
by the U.S. Navy and the existing security zone is no longer necessary
to provide for the security of the U.S. Naval vessels, their crews, and
the public from sabotage or other subversive acts, accidents, criminal
actions, or other causes of a similar nature.

DATES: This rule is effective February 10, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0423 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0423 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Commander Mike Dolan, Waterways Management, U.S. Coast
Guard Sector San Diego; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this final 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).
It is unnecessary to seek comments on this rulemaking because the
purpose of this security zone--to provide for the security of the U.S.
Naval vessels, their crews, and the public from sabotage or other
subversive acts, accidents, criminal actions, or other causes of a
similar nature--no longer exists because the Navy no longer owns this
facility.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective 30 days after publication in the
Federal Register. The pier is no longer owned by the U.S.

Navy and the existing security zone is no longer necessary.

Basis and Purpose

    The Coast Guard is removing a security zone on the navigable waters
of the San Diego Bay, San Diego, CA. The existing security zone is
around the former Fleet Industrial Supply Center Pier. The security
zone encompasses all navigable waters within 100 feet of the former
Fleet Industrial Supply Center Pier. The pier is no longer owned by the
U.S. Navy and the security zone is no longer needed to protect U.S.
Naval vessels, their crews, and the public from sabotage or other
subversive acts, accidents, criminal actions or other causes of a
similar nature.

Discussion of Rule

    The Coast Guard is removing a security zone. The current limits of
the security zone include all navigable waters within 100 feet of the
former Fleet Industrial Supply Center Pier enclosed by lines connecting
the following points: 32[deg]42'50'' N, 117[deg]10'25'' W;
32[deg]42'50'' N, 117[deg]10'38'' W; 32[deg]42'54'' N, 117[deg]10'38''
W; 32[deg]42'54'' N, 117[deg]10'25'' W.
The security zone is no longer necessary to protect U.S. Naval vessels,
their crews, and the public from sabotage or other subversive acts,
accidents, criminal actions, or other causes of a similar nature.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. The entities most likely to be affected
are pleasure craft engaged in recreational activities and sightseeing.
As such, the Coast Guard expects the economic impact of this rule to be
minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
    This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in a portion of the San Diego Bay. The removal of
this security zone will not have a significant economic impact on a
substantial number of small entities for the following reason. Removing
the security zone will allow the public to access an area of the
waterway that is currently restricted.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    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.

Collection of Information

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

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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.

Taking of Private Property

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

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

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

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not

require a Statement of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g.),
of the Instruction. This rule involves the removal of a security zone.
    An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

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. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

Sec.  165.1121  [Removed and Reserved]

0
2. Remove and reserve Sec.  165.1121.

    Dated: December 29, 2010.
P.J. Hill,
Commander, U.S. Coast Guard, Acting Captain of the Port San Diego.
[FR Doc. 2011-309 Filed 1-10-11; 8:45 am]
BILLING CODE 9110-04-P