[Federal Register Volume 87, Number 5 (Friday, January 7, 2022)]
[Notices]
[Pages 998-1000]
[FR Doc No: 2022-00065]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34461; 812-15192, 812-15192-01]

Apollo Credit Management, LLC and Apollo Debt Solutions BDC

January 3, 2022.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of an application under Section 6(c) of the Investment
Company Act of 1940 (the ``Act'') for an exemption from Sections
18(a)(2), 18(c), 18(i) and Section 61(a) of the Act.

Summary of Application: Applicants request an order to permit certain
closed-end management investment companies that have elected to be
regulated as business development companies (``BDCs'') to issue
multiple classes of shares with varying sales loads and asset-based
service and/or distribution fees.

Applicants: Apollo Credit Management, LLC (the ``Current Investment
Adviser'') and Apollo Debt Solutions BDC (``ADSB'').

Filing Dates: The application was filed on January 7, 2021, and amended
on July 23, 2021, November 5, 2021, and December 22, 2021.

Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by emailing the Commission's
Secretary at [email protected] and serving applicants with a
copy of the request by email. Hearing requests should be received by
the Commission by 5:30 p.m. on January 28, 2022, and should be
accompanied by proof of service on the applicants, in the form of an
affidavit or, for lawyers, a certificate of service. Pursuant to rule
0-5 under the 1940 Act, hearing requests should state the nature of the
writer's interest, any facts bearing upon the desirability of a hearing
on the matter, the reason for the request, and the issues contested.
Persons who wish to be notified of a hearing may request notification
by emailing the Commission's Secretary at [email protected].

ADDRESSES: The Commission: [email protected]. Applicants:
Joseph D. Glatt, Apollo Credit Management, LLC, [email protected].

FOR FURTHER INFORMATION CONTACT: Stephan N. Packs, Senior Counsel, at
(202) 551-6853, or Terri G. Jordan, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's website by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. ADSB is a newly organized Delaware statutory trust that is an
externally-managed, non-diversified closed-end management investment
company that has elected to be regulated as a BDC under the Act.\1\
ADSB's investment objectives are to generate current income and, to a
lesser extent, long-term capital appreciation by seeking to invest
primarily in certain directly originated assets, including debt
securities, made to or issued by large private U.S. borrowers.
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    \1\ Section 2(a)(48) of the Act defines a BDC to be any closed-
end investment company that operates for the purpose of making
investments in securities described in Sections 55(a)(1) through
55(a)(3) of the Act and makes available significant managerial
assistance with respect to the issuers of such securities.
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    2. The Current Investment Adviser is registered as an investment
adviser under the Investment Advisers Act of 1940 and serves as
investment adviser to ADSB.
    3. Applicants seek an order to permit ASBD and other Funds (defined
below) to offer investors multiple classes of shares, interests or
units of beneficial interest, as the case may be (``Shares'') with
varying sales loads and asset-based service and/or distribution fees.
    4. Applicants request that the order also apply to any continuously
offered registered closed-end management investment company that elects
to be regulated as a BDC that has been previously organized or that may
be organized in the future for which the Current Investment Adviser or
any entity controlling, controlled by, or under common control with the
Current Investment Adviser, or any successor in interest to any such
entity,\2\ acts as investment adviser and which operates as an interval
fund pursuant to Rule 23c-3 under the Act and/or periodically offers to
repurchase its Shares pursuant to Rule 13e-4 under the Securities
Exchange Act of 1934 (``Exchange Act'') and Section 23(c)(2) of the Act
(each, a ``Future Fund'' and together with ADSB, the ``Funds'').\3\
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    \2\ For purposes of the requested order, ``successor'' is
limited to any entity that results from a reorganization into
another jurisdiction or a change in the type of a business
organization.
    \3\ Any Fund relying on this relief in the future will do so in
compliance with the terms and conditions of the application.
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    5. As a BDC, each Fund will be organized as a closed-end investment
company, but will offer its Shares continuously, similar to an open-end
management investment company. Shares of the Funds will not be offered
or traded in a secondary market and will not be listed on any
securities exchange and do not trade on an over-the-counter system.\4\
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    \4\ Applicants are not requesting relief with respect to any
Fund listed on a securities exchange. Any Fund which relies on the
relief requested herein will cease relying on such relief upon the
listing of any class of its Shares on a securities exchange.
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    6. Each Fund is seeking the ability to offer multiple classes of
Shares that may charge differing front-end sales loads, contingent
deferred sales charges (``CDSCs''), an early withdrawal charge
(``Repurchase Fee''), and/or annual asset-based service and/or
distribution fees. Each class of Shares will comply with the provisions
of Rule 2310 of the Financial Industry Regulatory Authority, Inc.
(``FINRA'') Manual (``FINRA Rule 2310'').\5\
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    \5\ Any reference to FINRA Rule 2310 includes any successor or
replacement rule that may be adopted by FINRA.
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    7. Any Share of a Fund that is subject to asset-based service or
distribution fees shall convert to a class with no asset-based service
or distribution fees upon such Share reaching the applicable sales
charge cap determined in accordance with FINRA Rule 2310. Further, if a
class of Shares were to be listed on an exchange in the future, all
other then-existing classes of Shares of the listing Fund will be
converted into the listed class, without the imposition of any sales
load, fee or other charge.
    8. In order to provide a limited degree of liquidity to
shareholders, Applicants state that each Fund may from time to time
offer to repurchase Shares in accordance with Rule 13e-4 under the
Exchange Act and Section 23(c)(2) of the Act. Applicants state further
that repurchases of each Fund's Shares will be made at such times, in
such amounts and on such terms as may be determined by the applicable
Fund's board of trustees or directors in its sole discretion.
    9. Each Fund will disclose in its prospectus the fees, expenses and
other characteristics of each class of Shares offered for sale by the
prospectus, as is required for open-end, multiple-class funds under
Form N-1A. As if it were an open-end management investment company,
each Fund will disclose fund expenses in shareholder reports,\6\ and
disclose in its prospectus any arrangements that result in breakpoints
in, or elimination of, sales loads.\7\ Each Fund will also comply with
any requirements the Commission or FINRA may adopt regarding disclosure
at the point of sale and in transaction confirmations about the costs
and conflicts of interest arising out of the distribution of open-end
management investment company shares, and regarding prospectus
disclosure of sales loads and revenue sharing arrangements as if those
requirements applied to the Fund.\8\ Each Fund will contractually
require that any distributor of a Fund's Shares comply with such
requirements in connection with the distribution of such Fund's shares.
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    \6\ See Shareholder Reports and Quarterly Portfolio Disclosure
of Registered Management Investment Companies, Investment Co. Act
Rel. No. 26372 (Feb. 27, 2004) (adopting release).
    \7\ See Disclosure of Breakpoint Discounts by Mutual Funds,
Investment Co. Act Rel. No. 26464 (June 7, 2004) (adopting release).
    \8\ See Confirmation Requirements and Point of Sale Disclosure
Requirements for Transactions in Certain Mutual Funds and Other
Securities, and Other Confirmation Requirement Amendments, and
Amendments to the Registration Form for Mutual Funds, Investment Co.
Act Rel. No. 26341 (Jan. 29, 2004) (proposing release).
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    10. Distribution fees will be paid pursuant to a plan of
distribution adopted by each Fund in compliance with Rules 12b-1 and
17d-3 under the Act, as if those rules applied to closed-end funds
electing to be regulated as BDCs, with respect to a class (a
``Distribution Plan'').
    11. Each Fund will allocate all expenses incurred by it among the
various classes of Shares based on the respective net assets of the
Fund attributable to each such class, except that the net asset value
and expenses of each class will reflect the expenses associated with
the Distribution Plan of that class (if any), shareholder servicing
fees attributable to a particular class (including transfer agency
fees, if any) and any other incremental expenses of that class.
Expenses of the Fund allocated to a particular class of the Fund's
Shares will be borne on a pro rata basis by each outstanding Share of
that class. Applicants state that each Fund will comply with the
provisions of Rule 18f-3 under the Act as if it were an open-end
management investment company.
    12. Any Fund that imposes a CDSC will comply with the provisions of
Rule 6c-10 (except to the extent a Fund will comply with FINRA Rule
2310 rather than FINRA Rule 2341, as such rule may be amended (``FINRA
Rule 2341'')), as if that rule applied to BDCs. With respect to any
waiver of, scheduled variation in, or elimination of the CDSC, a Fund
will comply with the requirements of Rule 22d-1 under the Act as if the
Fund were an open-end management investment company. Each Fund also
will disclose CDSCs in accordance with the requirements of Form N-1A
concerning CDSCs as if the Fund were an open-end management investment
company.
    13. Funds may impose a Repurchase Fee at a rate no greater than 2%
of the shareholder's repurchase proceeds if the

interval between the date of purchase of the Shares and the valuation
date with respect to the repurchase of such Shares is less than a
specified period. Any Repurchase Fee will apply equally to all
shareholders of the applicable Fund, regardless of class, consistent
with Section 18 of the Act and Rule 18f-3 under the Act. To the extent
a Fund determines to waive, impose scheduled variations of, or
eliminate any Repurchase Fees, it will do so consistently with the
requirements of Rule 22d-1 under the Act as if the Repurchase Fee were
a CDSC and as if the Fund were an open-end investment company and the
Fund's waiver of, scheduled variation in, or elimination of, the
Repurchase Fee will apply uniformly to all shareholders of the Fund.

Applicants' Legal Analysis

Multiple Classes of Shares

    1. Section 18(a)(2) of the Act provides that a closed-end
investment company may not issue or sell a senior security that is a
stock unless certain requirements are met. Applicants state that the
creation of multiple classes of shares of the Funds may violate Section
18(a)(2), which is made applicable to BDCs through Section 61(a) of the
Act, because the Funds may not meet such requirements with respect to a
class of shares that may be a senior security.
    2. Section 18(c) of the Act provides, in relevant part, that a
closed-end investment company may not issue or sell any senior security
if, immediately thereafter, the company has outstanding more than one
class of senior security. Applicants state that the creation of
multiple classes of Shares of the Funds may be prohibited by Section
18(c), which is made applicable to BDCs through Section 61(a) of the
Act, as a class may have priority over another class as to payment of
dividends because shareholders of different classes would pay different
fees and expenses.
    3. Section 18(i) of the Act provides that each share of stock
issued by a registered management investment company will be a voting
stock and have equal voting rights with every other outstanding voting
stock. Applicants state that multiple classes of shares of the Funds
may violate Section 18(i) of the Act, which is made applicable to BDCs
through Section 61(a) of the Act, because each class would be entitled
to exclusive voting rights with respect to matters solely related to
that class.
    4. Section 6(c) of the Act provides that the Commission may exempt
any person, security or transaction or any class or classes of persons,
securities or transactions from any provision of the Act, or from any
rule or regulation under the Act, if and to the extent such exemption
is necessary or appropriate in the public interest and consistent with
the protection of investors and the purposes fairly intended by the
policy and provisions of the Act. Applicants request an exemption under
Section 6(c) from Sections 18(a)(2), 18(c) and 18(i) (which are made
applicable to BDCs by Section 61(a) of the Act) to permit the Funds to
issue multiple classes of Shares.
    5. Applicants submit that the proposed allocation of expenses
relating to distribution and voting rights among multiple classes is
equitable and will not discriminate against any group or class of
shareholders. Applicants submit that the proposed arrangements would
permit a Fund to facilitate the distribution of its Shares and provide
investors with a broader choice of fee options. Applicants assert that
the proposed BDC multiple class structure does not raise the concerns
underlying Section 18 of the Act to any greater degree than open-end
management investment companies' multiple class structures that are
permitted by Rule 18f-3 under the Act.

Applicants' Condition

    Applicants agree that any order granting the requested relief will
be subject to the following condition:
    1. Each Fund will comply with the provisions of Rules 6c-10 (except
to the extent a Fund will comply with FINRA Rule 2310 rather than FINRA
Rule 2341), 12b-1, 17d-3, 18f-3, 22d-1, and, where applicable, 11a-3
under the 1940 Act, as amended from time to time, or any successor
rules thereto, as if those rules applied to BDCs. In addition, each
Fund will comply with FINRA Rule 2310, as amended from time to time, or
any successor rule thereto, and will make available to any distributor
of a Fund's shares all of the information necessary to permit the
distributor to prepare client account statements in compliance with
FINRA Rule 2231.

    For the Commission, by the Division of Investment Management,
under delegated authority.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-00065 Filed 1-6-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: March 23, 2010 (Volume 75, Number 55)]
[Notices]
[Page 13783]
[DOCID:fr23mr10-97]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

Agency Information Collection Activities; Announcement of the
Office of Management and Budget (OMB) Control Numbers Under the
Paperwork Reduction Act

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

ACTION: Notice; announcement of OMB approval of information collection
requirements.

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SUMMARY: The Occupational Safety and Health Administration announces
that OMB has extended its approval for a number of information
collection requirements found in sections of 29 CFR parts 1910, 1915,
and 1926. OSHA sought approval under the Paperwork Reduction Act of
1995 (PRA-95), and, as required by that Act, is announcing the approval
numbers and expiration dates for those requirements.

DATES: This notice is effective March 23, 2010.

FOR FURTHER INFORMATION CONTACT: Todd Owen or Theda Kenney, Directorate
of Standards and Guidance, Occupational Safety and Health
Administration, U.S. Department of Labor, Room N-3609, 200 Constitution
Avenue, NW., Washington, DC 20210, telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In a series of Federal Register notices, the
Agency announced its requests to OMB to renew its current extensions of
approvals for various information collection (paperwork) requirements
in its safety and health standards for general industry, shipyard
employment, and the construction industry, (i.e., 29 CFR parts 1910,
1915, and 1926). In these Federal Register announcements, the Agency
provided 60-day comment periods for the public to respond to OSHA's
burden-hour and cost estimates.
    In accordance with PRA-95 (44 U.S.C. 3501-3520), OMB renewed its
approval for these information collection requirements and assigned OMB
control numbers to these requirements. The table below provides the
following information for each of these OMB-approved requirements: The
title of the collection; the date of the Federal Register notice; the
Federal Register reference (date, volume, and leading page); OMB's
control number; and the new expiration date.

----------------------------------------------------------------------------------------------------------------
                                                    Date of Federal Register
                     Title                        Publication, Federal Register     OMB control     Expiration
                                                 Reference, and OSHA Docket No.         no.            date
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1,3-Butadiene (29 CFR 1910.1051)..............  03/20/2009, 74 FR 11974, Docket        1218-0170      10/31/2012
                                                 No. OSHA-2009-0004.
Chromium (VI) Standards for General Industry    06/22/2009, 74 FR 29517, Docket        1218-0252      01/31/2013
 (29 CFR 1910.1026), Shipyard Employment (29     No. OSHA-2009-0015.
 CFR 1915.1026), and Construction (29 CFR
 1926.1126).
Lead in Construction Standard (29 CFR 1926.62)  05/18/2009, 74 FR 23210, Docket        1218-0189      10/31/2012
                                                 No. OSHA-2009-0008.
Lead in General Industry (29 CFR 1910.1025)...  05/18/2009, 74 FR 23209, Docket        1218-0092      10/31/2012
                                                 No. OSHA-2009-0009.
Reports of Injuries to Employees Operating      03/26/2009, 74 FR 13266, Docket        1218-0070      08/31/2012
 Mechanical Power Presses (29 CFR 1910.217(g)).  No. OSHA-2009-0006.
Temporary Labor Camps (29 CFR 1910.142).......  03/20/2009, 74 FR 11975, Docket        1218-0096      10/31/2012
                                                 No. OSHA-2009-0003.
----------------------------------------------------------------------------------------------------------------

    In accordance with 5 CFR 1320.5(b), an agency cannot conduct,
sponsor, or require a response to a collection of information unless
the collection displays a valid OMB control number and the agency
informs respondents that they are not required to respond to the
collection of information unless it displays a currently valid OMB
control number.

Authority and Signature

    David Michaels, PhD, MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 5-2007
(72 FR 31159).

    Signed at Washington, DC, this 15th day of March 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-6398 Filed 3-22-10; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Notices]
[Pages 17572-17573]
[FR Doc No: 2023-05983]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10807-01-OA]

Notification of Public Meetings of the Clean Air Scientific
Advisory Committee Oxides of Nitrogen, Oxides of Sulfur, and
Particulate Matter Secondary National Ambient Air Quality Standards
(NAAQS) Panel

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) Advisory Board (SAB)
Staff Office announces two public meetings of the Clean Air Scientific
Advisory Committee (CASAC) Oxides of Nitrogen, Oxides of Sulfur, and
Particulate Matter (PM) Secondary National Ambient Air Quality
Standards (NAAQS) Panel, hereafter referred to as the CASAC
NOX/SOX/PM Panel. A public meeting will be held
for the CASAC NOX/SOX/PM Panel to receive a
briefing from EPA on the is Policy Assessment (PA) for the Review of
the Secondary National Ambient Air Quality Standards for Oxides of
Nitrogen, Oxides of Sulfur and Particulate Matter, External Review
Draft. A second public meeting will be held for the panel to peer
review the PA.

DATES: The briefing from EPA on the PA will be held on May 31, 2023,
from 11 a.m. to 3 p.m. The public meeting for the panel to peer review
the PA will be held on Wednesday, June 28, 2023, from 8 a.m. to 5 p.m.
and Thursday, June 29, 2023, from 8 a.m. to 5 p.m. All times listed are
in Eastern Time.

ADDRESSES: The briefing on May 31, 2023, will be conducted virtually.
Please refer to the CASAC website at https://casac.epa.gov for
information on how to attend the briefing. The public meeting on June
28, 2023, and June 29, 2023, will be conducted in person (at a location
to be determined) and virtually. Please refer to the meeting web page
on the CASAC website at https://casac.epa.gov for the location and
details on how to access the meeting.

FOR FURTHER INFORMATION CONTACT: Any member of the public wishing
further information regarding this notice may contact Mr. Aaron Yeow,
Designated Federal Officer (DFO), SAB Staff Office, by telephone at
(202) 564-2050 or via email at [email protected]. General information
concerning the CASAC, as well as any updates concerning the meetings
announced in this notice can be found on the CASAC website: https://casac.epa.gov.

SUPPLEMENTARY INFORMATION:

Background

    The CASAC was established pursuant to the Clean Air Act (CAA)
Amendments of 1977, codified at 42 U.S.C. 7409(d)(2), to review air
quality criteria and NAAQS and recommend to the EPA Administrator any
new NAAQS and revisions of existing criteria and NAAQS as may be
appropriate. The CASAC shall also: advise the EPA Administrator of
areas in which additional knowledge is required to appraise the
adequacy and basis of existing, new, or revised NAAQS; describe the
research efforts necessary to provide the required information; advise
the EPA Administrator on the relative contribution to air pollution
concentrations of natural as well as anthropogenic activity; and advise
the EPA Administrator of any adverse public health, welfare, social,
economic, or energy effects which may result from various strategies
for attainment and maintenance of such NAAQS. As amended, 5 U.S.C.,
App. Section 109(d)(1) of the Clean Air Act (CAA) requires that EPA
carry out a periodic review and revision, as appropriate, of the air
quality criteria and the NAAQS for the six ``criteria'' air pollutants,
including oxides of nitrogen, oxides of sulfur, and PM.
    The CASAC is a Federal Advisory Committee chartered under the
Federal Advisory Committee Act (FACA), 5 U.S.C., App. 2, and conducts
business in accordance with FACA and related regulations. The CASAC and
the CASAC NOX/SOX/PM Panel will comply with the
provisions of FACA and all appropriate SAB Staff Office procedural
policies. Pursuant to FACA and EPA policy, notice is hereby given that
the CASAC NOX/SOX/PM Panel will hold a public
meeting to receive a briefing from EPA on the PA and a public meeting
for the panel to peer review the PA.

Technical Contacts

    Any technical questions concerning the PA should be directed to Ms.
Ginger Tennant ([email protected]).

Availability of Meeting Materials

    Prior to the meeting, the review documents, agenda and other
materials will be accessible on the CASAC website: https://casac.epa.gov.

Procedures for Providing Public Input

    Public comment for consideration by EPA's federal advisory
committees and panels has a different purpose from public comment
provided to EPA program offices. Therefore, the process for submitting
comments to a federal advisory committee is different from the process
used to submit comments to an EPA program office. Federal advisory
committees and panels, including scientific advisory committees,
provide independent advice to EPA. Members of the public can submit
relevant comments on the topic of this advisory activity, including the
charge to the CASAC and the EPA review documents, and/or the group
conducting the activity, for the CASAC to consider as it develops
advice for EPA. Input from the public to the CASAC will have the most
impact if it provides specific scientific or technical information or
analysis for CASAC to consider or if it relates to the clarity or
accuracy of the technical information. Members of the public wishing to
provide comment should follow the instructions below to submit
comments.
    Oral Statements: Individuals or groups requesting an oral
presentation during the public meeting will be limited to five minutes.
Each person making an oral statement should consider providing written
comments as well as their oral statement so that the points presented
orally can be expanded upon in writing. The public comment period will
be on June 28, 2023. Interested parties should contact Mr. Aaron Yeow,
DFO, in writing (preferably via email) at the contact information noted
above by June 21, 2023, to be placed on the list of public speakers.
    Written Statements: Written statements will be accepted throughout
the advisory process; however, for timely consideration by CASAC
members, statements should be supplied to the DFO (preferably via
email) at the contact information noted above by June 28, 2023. It is
the SAB Staff Office general policy to post written comments on the web
page for the advisory meeting or teleconference. Submitters are
requested to provide an unsigned version of each document because the
SAB Staff Office does not publish documents with signatures on its
websites. Members of the public should be aware that their personal
contact information, if included in any written comments, may be posted
to the CASAC website. Copyrighted material will not be posted without
explicit permission of the copyright holder.

Accessibility

    For information on access or services for individuals with
disabilities, please contact Mr. Aaron Yeow at<PHONE_NUMBER> or
[email protected]. To request accommodation of a disability, please
contact the DFO, at the contact information noted above, preferably at
least ten days prior to each meeting, to give EPA as much time as
possible to process your request.

V Khanna Johnston,
Deputy Director, Science Advisory Board Staff Office.
[FR Doc. 2023-05983 Filed 3-22-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 209 (Wednesday, October 28, 2020)]
[Rules and Regulations]
[Pages 68252-68254]
[FR Doc No: 2020-23227]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0632]
RIN 1625-AA00

Safety Zone; Vessel Launch, Menominee River, Marinette, WI and
Menominee, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Menominee River in Marinette, WI and Menominee,
MI between the Highway 41 bridge and Ogden Street Bridge. The safety
zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by the launching of a vessel
at the Fincantieri Marinette Marine Shipyard. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port Lake Michigan or a designated representative.

DATES: This rule is effective from 7:30 a.m. through 12 p.m. on October
31, 2020.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0632 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Petty Officer Jeromy Sherrill, Waterways Management
Division, Sector Lake Michigan, U.S. Coast Guard; telephone 414-747-
7148, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
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 the involved parties did not submit
notice to the Coast Guard with sufficient time remaining before the
launch to publish an NPRM. Immediate action is necessary to mitigate
potential safety hazards associated with the launch of the vessel.
Delaying the effective date of this rule to wait for a comment period
to run would be impracticable and contrary to public interest by
inhibiting the Coast Guard's ability to protect against the hazards
associated with the launch on October 31, 2020.
    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. For the same reasons discussed in
the preceding paragraph, waiting for a 30-day notice period to elapse
would be impracticable because immediate action is needed to respond to
the potential safety hazards associated with the launching of a vessel
into the Menominee River.

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 (COTP) Lake
Michigan has determined that potential hazards associated with the
launching of this vessel into the Menominee River on October 31, 2020,
will be a safety concern for anyone on the Menominee River between the
Highway 41 Bridge located at coordinates 45.103106[deg] N,
087.626529[deg] W and the Ogden Street Bridge located at coordinates
45.096001[deg] N, 087.598053[deg] W. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone during the launching of a vessel on October 31,
2020.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7:30 a.m. to 12 p.m. on
October 31,

2020. The safety zone will cover all navigable waters of the Menominee
River between the Highway 41 Bridge located at coordinates
45.103106[deg] N, 087.626529[deg] W and the Ogden Street Bridge located
at coordinates 45.096001[deg] N, 087.598053[deg] W. The duration of the
zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters during the launching of a vessel.
No vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP Lake Michigan or a designated
representative. The COTP Lake Michigan or designated representative
will announce specific enforcement periods for this safety zone by
Broadcast Notice to Mariners.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the
characteristics of the safety zone. The safety zone created by this
rule will be relatively small and is designed to minimize its impact on
navigable waters. This rule will prohibit entry into certain navigable
waters of the Menominee River at Menominee, MI and Marinette, WI and is
not anticipated to exceed five hours in duration. Thus, restrictions on
acces by persons and vessel movement within that particular area are
expected to be minimal. Under certain conditions, moreover, persons and
vessels may still transit through the safety zone when permitted by the
COTP Lake Michigan.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email 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.

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, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of
1969(42 U.S.C. 4321-4370f), and have determined that this action is one
of a category of actions that do not individually or cumulatively have
a significant effect on the human environment. This rule involves a
safety zone lasting less than 5 hours that prohibits entry within all
navigable waters of the Menominee River between the Highway 41 Bridge
and the Ogden Street Bridge during the launching of a vessel. It is
categorically excluded from further review under paragraph L60(a) of
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 call or email 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. 0170.1.

0
2. Add Sec.  165.T09-0632 to read as follows:

Sec.  165.T09-0632  Safety Zone; Vessel Launch, Menominee River,
Marinette, WI and Menominee, MI.

    (a) Location. The safety zone encompasses all navigable waters of
the Menominee River between the Highway 41 Bridge located at
coordinates 45.103106[deg] N, 087.626529[deg] W and the Ogden Street
Bridge located at coordinates 45.096001[deg] N, 087.598053[deg] W.
    (b) Enforcement Period. The regulated area described in paragraph
(a) is enforced from 7:30 a.m. through 12 p.m. on October 31, 2020.
    (c) Regulations. (1) In accordance with the general regulations in
section Sec.  165.23, entry into, transiting, or anchoring within this
safety zone is prohibited unless authorized by the Captain of the Port
(COTP) Lake Michigan or a designated on-scene representative.
    (2) This safety zone is closed to all persons and vessel traffic,
except as may be permitted by the COTP Lake Michigan or a designated
on-scene representative.
    (3) The ``on-scene representative'' of the COTP Lake Michigan is
any Coast Guard commissioned, warrant or petty officer who has been
designated by the COTP Lake Michigan to act on his or her behalf.
    (4) Persons and Vessel operators desiring to enter or operate
within the safety zone must contact the COTP Lake Michigan or an on-
scene representative to obtain permission to do so. The COTP Lake
Michigan or an on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the COTP Lake
Michigan or an on-scene representative.

D.P. Montoro,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2020-23227 Filed 10-27-20; 8:45 am]
BILLING CODE 9110-04-P