Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations 15683 

9 62 FR 47792, 47793 (Sept. 11, 1997). Among 

other duties, the Commission authorized NFA to 

receive requests for confirmation of Regulation 

30.10 relief on behalf of particular firms, to verify 

such firms’ fitness and compliance with the 

conditions of the appropriate Regulation 30.10 

Order and to grant exemptive relief from 

registration to qualifying firms. 

however, that the firm may require its 

customers located in the U.S. to execute 

a consent concerning the exhaustion of 

certain mediation or conciliation 

procedures made available by the 

HKSFC prior to bringing an NFA 

arbitration proceeding; 

(f) Undertakes to comply with the 

applicable provisions of Hong Kong 

laws and HKSFC rules that form the 

basis upon which this exemption from 

certain provisions of the Act and 

regulations thereunder is granted; and 

(g) Consents to refuse those customers 

located in the U.S. the option of not 

segregating funds notwithstanding 

relevant provisions of Hong Kong law or 

regulations promulgated by the HKSFC. 

As set forth in the Commission’s 

September 11, 1997 Order delegating to 

NFA certain responsibilities, the written 

representations set forth in paragraph 

(2) shall be filed with NFA.9 Each firm 

seeking relief hereunder has an ongoing 

obligation to notify NFA should there be 

a material change to any of the 

representations required in the firm’s 

application for relief. 

This Order will become effective as to 

any designated HKSFC firm on the later 

of the date of publication of the Order 

in the Federal Register or the filing of 

the consents set forth in paragraphs 

(2)(a)–(f). Upon filing of the notice 

required under paragraph (1)(b) as to 

any such firm, the relief granted by this 

Order may be suspended immediately 

as to that firm. That suspension will 

remain in effect pending further notice 

by the Commission, or the 

Commission’s designee, to the firm and 

the HKSFC. 

This Order is issued pursuant to 

Regulation 30.10 based on the 

representations made and supporting 

material provided to the Commission 

and the recommendation of the staff, 

and is made effective as to any firm 

granted relief hereunder based upon the 

filings and representations of such firms 

required hereunder. Any material 

changes or omissions in the facts and 

circumstances pursuant to which this 

Order is granted might require the 

Commission to reconsider its finding 

that the standards for relief set forth in 

Regulation 30.10 and, in particular, 

Appendix A, have been met. Further, if 

experience demonstrates that the 

continued effectiveness of this Order in 

general, or with respect to a particular 

firm, would be contrary to public policy 

or the public interest, or that the 

systems in place for the exchange of 

information or other circumstances do 

not warrant continuation of the 

exemptive relief granted herein, the 

Commission may condition, modify, 

suspend, terminate, withhold as to a 

specific firm, or otherwise restrict the 

exemptive relief granted in this Order, 

as appropriate, on its own motion. 

The Commission will continue to 

monitor the implementation of its 

program to exempt firms located in 

jurisdictions generally deemed to have a 

comparable regulatory program from the 

application of certain of the foreign 

futures and option regulations and will 

make necessary adjustments if 

appropriate. 

Issued in Washington, DC, on March 19, 

2015, by the Commission. 

Christopher J. Kirkpatrick, 

Secretary of the Commission. 

Appendix to Foreign Futures and 

Options Transactions—Commission 

Voting Summary 

On this matter, Chairman Massad and 

Commissioners Wetjen, Bowen, and 

Giancarlo voted in the affirmative. No 

Commissioner voted in the negative. 

[FR Doc. 2015–06687 Filed 3–24–15; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2015–0158] 

RIN 1625–AA00 

Safety Zone; ARCTIC CHALLENGER, 

Port of Bellingham; Bellingham, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

around the barge ARCTIC 

CHALLENGER within the waters of the 

Captain of the Port Zone Puget Sound. 

This action is necessary to ensure the 

safety of the maritime public and the 

crews involved in operational testing of 

the Arctic Containment System, and 

will do so by prohibiting all persons and 

vessels not involved with the 

operational testing of the Arctic 

Containment System from entering, 

transiting, or remaining in the safety 

zone unless authorized by the Captain 

of the Port or his Designated 

Representative. 

DATES: This rule is effective without 

actual notice from March 25, 2015 until 

April 1, 2015. For the purposes of 

enforcement, actual notice will be used 

from the date the rule was signed, 

March 11, 2015, until March 25, 2015. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2015–1058 to view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 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 

email Petty Officer Ryan Griffin, 

Waterways Management Division, Coast 

Guard Sector Puget Sound; Coast Guard; 

telephone (206) 217–6051, email 

SectorPugetSoundWWM@uscg.mil. If 

you have questions on viewing or 

submitting material to the docket, call 

Barbara Hairston, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. Regulatory History and Information 

The Coast Guard is issuing this 

temporary 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) 

with respect to this rule because 

publishing an NPRM would be 

impracticable as delayed promulgation 

may result in injury or damage to the 

maritime public, vessel crews, the 

vessels themselves, and the facilities 

prior to conclusion of a notice and 

comment period. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 


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15684 Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date 

until 30 days after publication would be 

impracticable, as such a delay would 

eliminate the safety zone’s effectiveness 

and usefulness in protecting waterway 

users, property, and the safe navigation 

of maritime traffic from the hazards 

associated with sea trials before 30 days 

have elapsed. 

B. Basis and Purpose 

Coast Guard Captains of the Port are 

granted authority to establish safety and 

security zones in 33 CFR 1.05–1(f) for 

safety and environmental purposes, 

described in 33 CFR part 165. 

The ARCTIC CHALLENGER is a barge 

currently located at the Port of 

Bellingham that has been converted by 

Superior Energy Services for use in the 

Arctic drilling operations as a 

containment system that would respond 

in the event that a well blowout should 

occur. 

The ARCTIC CHALLENGER is 

scheduled to depart the Port of 

Bellingham to anchor inside the East 

Vendovi Island Anchorage site located 

in the Samish Bay. While at anchorage, 

the ARCTIC CHALLENGER will be 

conducting several operational tests of 

the Arctic Containment System. These 

operational tests are complex and will 

involve five different vessels in 

conducting deployment and recovery of 

containment dome systems and subsea 

pump operation and testing. As a result, 

the Coast Guard is establishing a 

temporary safety zone which is 

necessary to ensure the safety of the 

maritime public and workers involved 

in the operational tests. 

C. Discussion of the Final Rule 

The Coast Guard is establishing a 

temporary safety zone which 

encompasses all waters within 100 

yards of the barge ARCTIC 

CHALLENGER, located in Samish Bay. 

Vessels not involved with the 

operational testing of the Arctic 

Containment System wishing to enter 

the zone must request permission for 

entry by contacting the Joint Harbor 

Operations Center at 206–217–6001, or 

the on-scene patrol craft via VHF–FM 

CH 13. Once permission for entry is 

granted, vessels must proceed at a 

minimum speed for safe navigation. 

D. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes and executive 

orders. 

1. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. This rule is not a significant 

regulatory action as the safety zone is 

limited both in size and duration. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 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. 

This rule will affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to transit the affected 

waterway during the period mentioned. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities 

because the zone established in this rule 

is limited in size and duration. Further, 

vessels wishing to pass through the zone 

may do so with permission of the 

Captain of the Port. 

3. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 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, above. 

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. 

4. 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). 

5. Federalism 

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 

determined that this rule does not have 

implications for federalism. 

6. 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. 

7. 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 expenditure, we 

do discuss the effects of this rule 

elsewhere in this preamble. 

8. 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. 

9. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 


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Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations 15685 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

10. 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. 

11. 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. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. 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 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 100 

yard safety zone around the barge 

ARCTIC CHALLENGER. The rule will 

prevent any vessel not involved with 

operational tests of the Arctic 

Containment System from approaching 

within 100 yards of ARCTIC 

CHALLENGER without permission of 

the Captain of the Port. This rule is 

categorically excluded from further 

review under paragraph 34(g) of Figure 

2–1 of the Commandant Instruction. An 

environmental analysis checklist 

supporting this determination 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 

■ 1. The authority citation for part 165 

is revised to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 

195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T13–285 to read as 

follows: 

§ 165.T13–285 Safety Zone; ARCTIC 

CHALLENGER, Port of Bellingham; 

Bellingham, WA. 

(a) Location. The following areas are 

designated as a safety zone: All waters 

within 100 yards of the vessel ARCTIC 

CHALLENGER as it conducts 

operational tests of the Arctic 

Containment System within the waters 

of the Captain of the Port Zone Puget 

Sound. 

(b) Regulations. In accordance with 

the general regulations in subpart C of 

this part vessels not involved with the 

Arctic Containment System operational 

tests who wish to enter the zone must 

request permission for entry by 

contacting the Joint Harbor Operation 

Center at 206–217–6001 or the on-scene 

patrol craft on VHF–FM CH13. Once 

permission for entry is granted vessels 

must proceed at a minimum speed for 

safe navigation. 

(c) Dates. This rule is effective March 

25, 2015 through April 1, 2015. It is 

enforceable from 12 a.m. on March 11, 

2015 until 12 a.m. on April 1, 2015. 

Dated: March 11, 2015. 

M. W. Raymond, 

Captain, U.S. Coast Guard, Captain of the 

Port, Puget Sound. 

[FR Doc. 2015–06580 Filed 3–24–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0677; FRL–9924–33] 

2-Propenoic acid, 2-methyl-, 2- 

methylpropyl ester, homopolymer; 

Tolerance Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of 2-propenoic 

acid, 2-methyl-, 2-methylpropyl ester, 

homopolymer; when used as an inert 

ingredient in a pesticide chemical 

formulation. Evonik Corporation 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), requesting an exemption from 

the requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of 2-propenoic acid, 2- 

methyl-, 2-methylpropyl ester, 

homopolymer on food or feed 

commodities. 

DATES: This regulation is effective 

March 25, 2015. Objections and requests 

for hearings must be received on or 

before May 26, 2015, and must be filed 

in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2014–0677, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Susan Lewis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 


asabaliauskas on DSK5VPTVN1PROD with RULES