[Federal Register Volume 76, Number 152 (Monday, August 8, 2011)]
[Notices]
[Pages 48168-48169]
[FR Doc No: 2011-19976]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0126]

Andrew K. Choi: Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is issuing an order
under the Federal Food, Drug, and Cosmetic Act (the FD&C Act) debarring
Andrew K. Choi, M.D. for 4 years from providing services in any
capacity to a person that has an approved or pending drug product
application. FDA bases this order on findings that Dr. Choi was
convicted of a misdemeanor under Federal law for conduct relating to
the regulation of a drug product under the FD&C Act and that the type
of conduct underlying the conviction undermines the process for the
regulation of drugs. Dr. Choi was given notice of the proposed
debarment and an opportunity to request a hearing within the timeframe
prescribed by regulation. Dr. Choi failed to respond. Dr. Choi's
failure to respond constitutes a waiver of his right to a hearing
concerning this action.

DATES: This order is effective August 8, 2011.

ADDRESSES: Submit applications for termination of debarment to the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Kenny Shade, Division of Compliance
Policy (HFC-230), Food and Drug Administration, 5600 Fishers Lane,
Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(b)(2)(B)(i)(I) of the FD&C Act (21 U.S.C.
335a(b)(2)(B)(i)(I)) permits FDA to debar an individual if it finds
that the individual has been convicted of a misdemeanor under Federal
law for conduct relating to the regulation of drug products under the
FD&C Act, and if FDA finds that the type of conduct that served as the
basis for the conviction undermines the process for the regulation of
drugs.
    On April 2, 2007, Dr. Choi pleaded guilty to one count of receipt
in interstate commerce of a misbranded drug and delivery thereof in
violation of sections 301(c), 303(c), and 502(f) of the FD&C Act (21
U.S.C. 331(c), 333(a)(1), and 352(f)). On August 11, 2008, the U.S.
District Court for the Central District of California entered judgment
against Dr. Choi for the misdemeanor offense of receipt in interstate
commerce of a misbranded drug and delivery thereof.
    FDA's finding that debarment is appropriate is based on the
misdemeanor conviction referenced herein. The factual basis for the
conviction is as follows: Dr. Choi was a licensed physician in the
State of California. Prior to November 13, 2003, Dr. Choi injected
patients with Botox[supreg], an FDA-approved Botulinum Toxin Type A
drug product manufactured by Allergan, Inc. In 2003, Dr. Choi began
ordering an unapproved drug purported to be Botulinum Toxin Type A
(TRI-Toxin) manufactured by Toxin Research International, Inc. (TRI),
located in Tucson, Arizona, instead of the approved Botox[supreg]. From
on or about November 13, 2003, and continuing until about August 3,
2004, Dr. Choi placed 14 orders for a total of 28 vials of TRI-Toxin,
which he had shipped to his office in the Central District of
California. The TRI-Toxin did not come with labeling or directions on
how to dilute the product for injection. The TRI-Toxin label stated
``for research purposes only'' and ``not for human use,'' as did the
TRI-Toxin invoices. Dr. Choi admitted to injecting the TRI-Toxin into
his employees and patients. Between on or about November 13, 2003, and
continuing until on or about August 3, 2004, Dr. Choi received and
delivered the TRI-Toxin when he administered it to other persons, all
in violation of sections 301(c), 303(c), and 502(f) of the FD&C Act.
    As a result of his conviction, on April 22, 2011, FDA sent Dr. Choi
a notice by certified mail proposing to debar him for 4 years from
providing services in any capacity to a person that has an approved or
pending drug product application. FDA subsequently confirmed on May 9,
2011, that Dr. Choi personally received the notice. The proposal was
based on a finding, under section 306(b)(2)(B)(i)(I) of the FD&C Act
that Dr. Choi was convicted of a misdemeanor under Federal law for
conduct relating to the regulation of drug products under the FD&C Act,
and that the conduct that served as a basis for the conviction
undermines the process for the regulation of drugs. The proposal also
offered Dr. Choi an opportunity to request a hearing, providing him 30
days from the date of receipt of the letter in which to file the
request, and advised him that failure to request a hearing constituted
a waiver of the opportunity for a hearing and of any contentions
concerning this action. Dr. Choi failed to respond within the timeframe
prescribed by regulation and has therefore, waived his opportunity for
a hearing and waived any contentions concerning his debarment (21 CFR
part 12).

II. Findings and Order

    Therefore, the Director, Office of Enforcement, Office of
Regulatory Affairs, under section 306(b)(2)(B)(i)(I) of the FD&C Act
under authority delegated to him (Staff Manual Guide 1410.35), finds
that Andrew K. Choi has been convicted of a misdemeanor under Federal
law for conduct relating to the regulation of a drug product under the
FD&C Act, and that the type of conduct that served as a basis for the
conviction undermines the process for the regulation of drugs.
    As a result of the foregoing finding, Dr. Choi is debarred for 4
years from providing services in any capacity to a person with an
approved or pending drug product application under sections 505, 512,
or 802 of the FD&C Act (21 U.S.C. 355, 360b, or 382), or under section
351 of the Public Health Service Act (42 U.S.C. 262), effective (see
DATES), (see sections 306(c)(1)(B), (c)(2)(A)(iii), and 201(dd) of the
FD&C Act (21 U.S.C. 335a(c)(1)(B), (c)(2)(A)(iii), and 321(dd))). Any
person with an approved or pending drug product application who
knowingly employs or retains as a consultant or contractor, or
otherwise uses the services of Dr. Choi, in any capacity during Dr.
Choi's debarment, will be subject to civil money penalties (section
307(a)(6) of the FD&C Act (21 U.S.C. 335b(a)(6))). If Dr. Choi provides
services in any capacity to a person with an approved or pending drug
product application during his period of debarment he will be subject
to civil money penalties (section 307(a)(7) of the FD&C Act). In
addition, FDA will not accept or review any abbreviated new drug
applications submitted by or with the assistance of Dr. Choi during his
period of debarment (section 306(c)(1)(B) of the FD&C Act).
    Any application by Dr. Choi for termination of debarment under
section 306(d)(1) of the FD&C Act (21 U.S.C. 335a(d)(1)) should be
identified with Docket No. FDA-2011-N-0126 and sent to the Division of
Dockets Management (see ADDRESSES). All such submissions are to be
filed in four copies. The public availability of information in these
submissions is governed by 21 CFR 10.20(j).
    Publicly available submissions may be seen in the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: July 27, 2011.
Armando Zamora,
Acting Director, Office of Enforcement, Office of Regulatory Affairs.
[FR Doc. 2011-19976 Filed 8-5-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 87, Number 206 (Wednesday, October 26, 2022)]
[Notices]
[Pages 64828-64830]
[FR Doc No: 2022-23234]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96118; File No. SR-ICEEU-2022-019]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
and Filing and Immediate Effectiveness of Proposed Rule Change Relating
to Amendments to the Investment Management Procedures

October 20, 2022.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 11, 2022, ICE Clear Europe Limited (``ICE Clear Europe'' or
the ``Clearing House'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule changes described in
Items I, II and III below, which Items have been prepared primarily by
ICE Clear Europe. ICE Clear Europe filed the proposed rule change
pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(1)
thereunder,\4\ such that the proposed rule change was immediately
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(1).
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    ICE Clear Europe Limited (``ICE Clear Europe'' or the ``Clearing
House'') proposes to modify its Investment Management Procedures (the
``Investment Management Procedures'' or the ``Procedures'') to clarify
certain permitted investments and related limits for the Clearing House
when managing cash received from Clearing Members as margin or from the
Clearing House's contribution to the guaranty fund.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, ICE Clear Europe 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. ICE Clear Europe has prepared summaries,
set forth in sections (A), (B), and (C) below, of the most significant
aspects of such statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

(a) Purpose
    ICE Clear Europe is proposing to update the Table of Authorised
Investments and Concentration Limits for Cash from CMs and from Skin In
The Game (the ``Table'') in the Procedures to make certain
clarifications that reflect limitations on investments that can be made
with customer funds provided by FCM Clearing Members under applicable
law. The amendments reflect restrictions that ICE Clear Europe
currently observes (and are described elsewhere in the existing
Procedures), and accordingly will not constitute a change in practice.
Specifically, the amendment would provide that the reference in the
Table to there being ``no limit'' for counterparty concentration in
respect to investments in (i) US government agency bonds and (ii) UK
government agency bonds, as well as the 15% concentration limit
specified for the purchase of EU government agency bonds each applies
to cash provided by non-FCM Clearing Members. The amendments would also
state explicitly in the Table that FCM customer funds may not be
invested in such assets. The proposed changes reflect limitations under
CFTC regulations.\5\ Such updates

are intended to provide greater clarity in the Table as to the
permissible investment of customer cash provided by Clearing Members
and accurately document existing practices, consistent with legal
requirements.
---------------------------------------------------------------------------

    \5\ Consistent with ICE Clear Europe's current practice, certain
limitations in the amendments are more restrictive than required
under CFTC regulations. For example, investment of FCM customer
funds in U.S. agency securities is not permitted, as described in
the amendments, although CFTC Rule 1.25(b)(3)(i)(B) would permit
investment in U.S. agency obligations up to a maximum of 50 percent
of the total assets held in segregation by the futures commission
merchant or derivatives clearing organization. 17 CFR
1.25(b)(3)(i)(B). A footnote referencing this rule would be included
in the Table.
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(b) Statutory Basis
    ICE Clear Europe believes that the proposed amendments to the
Investment Management Procedures are consistent with the requirements
of Section 17A of the Act \6\ and the regulations thereunder applicable
to it. In particular, Section 17A(b)(3)(F) of the Act \7\ requires,
among other things, that the rules of a clearing agency be designed to
promote the prompt and accurate clearance and settlement of securities
transactions and, to the extent applicable, derivative agreements,
contracts, and transactions, the safeguarding of securities and funds
in the custody or control of the clearing agency or for which it is
responsible, and the protection of investors and the public interest.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1.
    \7\ 15 U.S.C. 78q-1(b)(3)(F).
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    The proposed changes to the Investment Management Procedures are
designed to reflect the Clearing House's practices with respect to the
management of investments, in light of existing CFTC regulations
relating to the investment of customer funds provided by FCM Clearing
Members. The amendments would reflect certain limitations under CFTC
Rule 1.25, as discussed above, on investments of FCM customer cash in
agency securities, consistent with the Clearing House's current
practice. The proposed amendments thus promote the accuracy and clarity
of the Clearing House's policies and procedures and are consistent with
the prompt and accurate clearing and settlement of cleared contracts.
The amendments are thus also generally consistent with the protection
of investors and the public interest in the safe operation of the
Clearing House. The updates will also facilitate management of the cash
held by the Clearing House from Clearing Members and their customers in
accordance with applicable law, and thus enhance the safeguarding of
securities and funds in ICE Clear Europe's custody or control or for
which it is responsible. Accordingly, the amendments are consistent
with the requirements of Section 17A(b)(3)(F).\8\
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    \8\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    Rule 17A-22(e)(16) requires clearing agencies to safeguard their
own and their ``participants' assets, minimize the risk of loss and
delay in access to these assets, and invest such assets in instruments
with minimal credit, market and liquidity risks.'' \9\ As discussed
above, the amendments to the Investment Management Procedures are
intended to more clearly document investment limitations in connection
with the investment of cash assets provided by Clearing Members to
reflect current practice and applicable law, including the requirements
of CFTC regulations. As such, the revised Investment Management
Procedures will help enable the Clearing House to safeguard such assets
and minimize the risk of loss from liquidity and investment risks,
consistent with the requirements of Rule 17Ad-22(e)(16).\10\
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    \9\ 17 CFR 240.17Ad-22(e)(16).
    \10\ 17 CFR 240.17Ad-22(e)(16).
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(B) Clearing Agency's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed amendments would
have any impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the purposes of the Act. The changes are
being proposed in order to update the Investment Management Procedures
to provide clarifications and additional details where necessary in
order to reflect existing practices and are not intended to impose new
requirements on Clearing Members. The terms of clearing are not
otherwise changing. ICE Clear Europe does not believe that proposed
amendments would adversely affect competition among Clearing Members or
other market participants or affect the ability of market participants
to access clearing generally. Therefore, ICE Clear Europe does not
believe the proposed rule change imposes any burden on competition that
is inappropriate in furtherance of the purposes of the Act.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

    Written comments relating to the proposed amendment has not been
solicited or received by ICE Clear Europe. ICE Clear Europe will notify
the Commission of any comments received with respect to the proposed
rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \11\ and paragraph (f) of Rule 19b-4 \12\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml) or
     Send an email to [email protected]. Please include
File Number SR-ICEEU-2022-019 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-ICEEU-2022-019. 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 website (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 website 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 such filings will also be available for

inspection and copying at the principal office of ICE Clear Europe and
on ICE Clear Europe's website at https://www.theice.com/clear-europe/regulation.
    All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ICEEU-2022-019 and should be
submitted on or before November 16, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-23234 Filed 10-25-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 180 (Tuesday, September 17, 2013)]
[Rules and Regulations]
[Pages 57063-57066]
[FR Doc No: 2013-22596]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2013-0652]
RIN 1625-AA08

Special Local Regulations; Jacksonville Dragon Boat Festival; St.
Johns River; Jacksonville, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a Special Local Regulation on
the waters of the St. Johns River in Jacksonville, Florida during the
Jacksonville Dragon Boat Festival, a series of paddle boat races. The
event is scheduled to take place on Saturday, September 21, 2013. The
race course will be set up on Friday, September 20, 2013. Approximately
eight 48 foot paddle boats will participate in the races and
approximately 20 spectator

vessels are expected to attend the event. The Special Local Regulation
will establish a regulated area that consists of a race area and a
buffer zone that will temporarily restrict vessel traffic in a portion
of the St. Johns River. Non-participant persons and vessels will be
prohibited from entering or transiting through the area unless
authorized by the Captain of the Port Jacksonville or a designated
representative.

DATES: This rule is effective from 8 a.m. until 6 p.m. on September 20-
21, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0652. 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 then 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
temporary final rule, call or email Lieutenant Commander Robert Butts,
Sector Jacksonville Office of Waterways Management, Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on viewing the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

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 there is not sufficient time
remaining to publish an NPRM and to receive public comments prior to
the event. Any delay in the effective date of this rule would be
contrary to the public interest because immediate action is needed to
minimize potential danger to the race participants, participant
vessels, spectators, and the general public.
    Under 5 U.S.C. 553(d)(3), for the reasons stated above, the Coast
Guard finds that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to ensure safety of life on navigable waters of the United
States during the Jacksonville Dragon Boat Festival.

C. Discussion of the Final Rule

    On Saturday, September 21, 2013, In the Pink Boutique, Inc. will
host the Jacksonville Dragon Boat Festival, a series of boat races. The
Race Area will be set up on September 20, 2013 between the hours of
8:00 a.m. and 6:00 p.m. The event will be held on the waters of the St.
Johns River, Florida. Approximately 8 boats are anticipated to
participate in the races. It is anticipated that at least 20 spectator
vessels will be present during the event.
    The rule will establish special local regulations that encompass
certain waters of the St. Johns River, Jacksonville, Florida. The
special local regulations will be enforced from 8 a.m. until 6:00 p.m.
on September 21, 2013. The special local regulations will consist of
the following areas: A race area, where all persons and vessels, except
those persons and vessels participating in the races, are prohibited
from entering, transiting, anchoring, or remaining and a buffer zone
where all persons vessels, except those persons and vessels
participating in the races wishing to transit through the buffer zone
must do so at bare steerageway. Persons and vessels will be able to
request authorization to enter, transit through, anchor in, or remain
within the race area by contacting the Captain of the Port Jacksonville
by telephone at<PHONE_NUMBER>, or a designated representative via VHF
radio on channel 16. If authorization to enter, transit through, anchor
in, or remain within the race area is granted by the Captain of the
Port Jacksonville or a designated representative, all persons and
vessels receiving such authorization are required to comply with the
instructions of the Captain of the Port Jacksonville or a designated
representative. The Coast Guard will provide notice of the regulated
areas by Local Notice to Mariners, Broadcast Notice to Mariners, and
on-scene designated representatives.

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.
    The economic impact of this temporary final rule is not significant
for the following reasons: (1) The special local regulations will be
enforced for a total of 20 hours over two days; (2) although persons
and vessels will not be able to enter, transit through, anchor in, or
remain within the race area without authorization from the Captain of
the Port Jacksonville or a designated representative, they will be able
to transit through the surrounding area during the enforcement period;
(3) persons and vessels will still be able to enter, transit through,
anchor in, or remain within the race area if authorized by the Captain
of the Port Jacksonville or a designated representative; and (4) the
Coast Guard will provide advance notification of the special local
regulation to the local maritime community by Local Notice to Mariners
and Broadcast Notice to Mariners.

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 may affect the following entities, some of which may be
small

entities: the owners or operators of vessels intending to enter,
transit through, anchor in, or remain within that portion of the St.
Johns River encompassed within the special local regulations from 8
a.m. until 6:00 p.m. on September 20-21, 2013. For the reasons
discussed in the Regulatory Planning and Review section above, this
rule would not have a significant economic impact on a substantial
number of small entities.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
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 State, 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 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 an 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 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 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 involves the establishment of a special local regulation issued in
conjunction with a regatta or marine parade. This rule is categorically
excluded from further review under paragraph 34(h) and 35(b) 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. We seek
any comments or information that may lead to the discovery of a
significant environmental impact from this rule.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add a temporary Sec.  100.35T07-0652 to read as follows:

Sec.  100.35T07-0652  Special Local Regulations; Jacksonville Dragon
Boat Festival; St. Johns River; Jacksonville, FL.

    (a) Regulated Areas. The following regulated areas are established.
All coordinates are North American Datum 1983.
    (1) Race Area. All waters of the St. Johns River located in
downtown

Jacksonville, FL encompassed within an imaginary line connecting the
following points: starting at Point 1 in position 30[deg]19'26.61'' N,
81[deg]39'46.45'' W; thence south to Point 2 in position
30[deg]19'22.90'' N, 81[deg]39'47.03'' W; thence east to Point 3 in
position 30[deg]19'22.27'' N, 81[deg]39'32.14'' W; thence north to
Point 4 in position 30[deg]19'26.16'' N, 81[deg]39'31.69'' W; thence
west back to origin.
    (2) Buffer Zone. All waters of the St. Johns River located in
downtown Jacksonville, FL encompassed within an imaginary line
connecting the following points: starting at Point 1 in position
30[deg]19'26.14'' N, 81[deg]39'49.48'' W; thence south to Point 2 in
position 30[deg]19'21.23'' N, 81[deg]39'47.63'' W; thence east to Point
3 in position 30[deg]19'19.91'' N, 81[deg]39'28.36'' W; thence north to
Point 4 in position 30[deg]19'25.96'' N, 81[deg]39'27.97'' W; thence
west along the shoreline back to origin.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Jacksonville in the enforcement of the regulated
areas.
    (c) Regulations. (1) All persons and vessels are prohibited from:
    (i) Entering, transiting through, anchoring in, or remaining within
Race Area unless an authorized race participant.
    (ii) Anchoring in, or remaining within the buffer zone, unless
enforcing the buffer zone or a race participant transiting to the race
area. Vessels wishing to transit through the buffer zone must do so at
bare steerageway.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated areas may contact the Captain of the
Port Jacksonville by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization is granted by the Captain of the Port Jacksonville or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Jacksonville or a designated representative.
    (3) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Enforcement Period. This rule will be enforced daily from 8
a.m. until 6:00 p.m. on September 20, 2013 through September 21, 2013.

    Dated: August 28, 2013.
T.G. Allan, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2013-22596 Filed 9-16-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 150 (Friday, August 5, 2022)]
[Notices]
[Pages 48015-48016]
[FR Doc No: 2022-16829]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER22-2525-000]

Gridmatic Inc; Supplemental Notice That Initial Market-Based Rate
Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Gridmatic Inc's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is August 22, 2022.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling

link to log on and submit the intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: August 1, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-16829 Filed 8-4-22; 8:45 am]
BILLING CODE 6717-01-P


Court Documents from Honeywell v. EPA

1.) Opening  Brief from Honeywell and DuPont
2.) Opening Brief from EPA
3.) Opening Brief of Intervenors from Arkema and Solvay
4.) Joint Opposition to Hold the Case in Abeyance from Arkema and Solvay
5.) Joint Motion to Dismiss from Arkema and Solvay
6.) Reply Brief from Honeywell and DuPont


[Federal Register: February 4, 2009 (Volume 74, Number 22)]
[Notices]
[Page 6028]
[DOCID:fr04fe09-39]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER06-615-000; ER07-1257-000; ER08-1113-000]

California Independent System, Operator Corporation; Notice of
FERC Staff Attendance

January 28, 2009.
    The Federal Energy Regulatory Commission (Commission) hereby gives
notice that on the following dates members of its staff will
participate in teleconferences to be conducted by the California
Independent System Operator (CAISO). The agenda and other documents for
the teleconferences are available on the CAISO's Web site, http://
www.caiso.com.

January 30, 2009--Teleconference on MRTU Pricing Review
February 2, 2009--Teleconference on MRTU Systems Testing
February 3, 2009--Teleconference on MRTU Parallel Operations
February 10, 2009--Teleconference on MRTU Parallel Operations

    Sponsored by the CAISO, the teleconferences are open to all market
participants, and Commission staff's attendance is part of the
Commission's ongoing outreach efforts. The teleconferences may discuss
matters at issue in the above captioned dockets.
    For further information, contact Saeed Farrokhpay at
<EMAIL_ADDRESS>(916) 294-0233 or Maury Kruth at
<EMAIL_ADDRESS>(916) 294-0275.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-2286 Filed 2-3-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 193 (Thursday, October 6, 2022)]
[Notices]
[Pages 60679-60680]
[FR Doc No: 2022-21784]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP16-116-000; CP116-116-002]

Texas LNG Brownsville LLC; Notice Seeking Public Comment on
Responses to Information Requests

    On March 30, 2016, Texas LNG Brownsville LLC (Texas LNG) filed an
application under section 3 of the Natural Gas Act (NGA) \1\ and Part
153 of the Commission's regulations \2\ for authorization to construct
and operate a liquefied natural gas (LNG) export terminal on the north
embankment of the Brownsville Ship Channel in Cameron County, Texas. On
November 22, 2019, the Commission authorized Texas LNG's proposal,
subject to conditions.\3\ On August 3, 2021, the U.S. Court of Appeals
for the D.C. Circuit (D.C. Circuit) partially remanded, but did not
vacate, the Commission's authorization.\4\ On August 16, 2022, and
August 31, 2022, Commission staff issued environmental information
requests to Texas LNG in order to address deficiencies noted in the
D.C. Circuit's August 3, 2021 decision. Texas LNG responded to
Commission staff's information requests on September 15, 2022, and
September 21, 2022.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 717b.
    \2\ 18 CFR part 153 (2021).
    \3\ Texas LNG Brownsville LLC, 169 FERC ] 61,130 (2019), on
reh'g, 170 FERC ] 61,139 (2020).
    \4\ Vecinos para el Bienestar de la Comunidad Costera v. FERC, 6
F.4th 1321, 1332 (D.C. Cir. 2021) (remanding order without vacatur
for the Commission to redress deficiencies regarding its analyses of
project impacts on climate change and environmental justice
communities).
---------------------------------------------------------------------------

    By this notice, Commission staff requests public comments on the
issues addressed in Texas LNG's responses to staff's above-referenced
information requests of August 16 and August 31, 2022, regarding
environmental justice communities, visual impacts, air quality
modeling, and emergency planning. Any person wishing to comment on
these issues may do so.
    To ensure that your comments within the scope of this notice are
timely and properly recorded, please submit your initial comments no
later than October 21, 2022. Reply comments are due no later than
November 4, 2022.
    There are three methods you can use to submit your comments to the
Commission. Please carefully follow these instructions so that your
comments are properly recorded. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or [email protected].
    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. Using eComment is an easy method for
submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; a comment on a particular project is considered a ``Comment
on a Filing'';
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (CP16-
116-000) on your letter. Submissions sent via the U.S. Postal Service
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC
20426. Submissions sent via any other carrier must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, MD 20852.

    Additional information about the project, including copies of the
above-referenced information requests and responses, are available from
the Commission's Office of External Affairs, at (866) 208-FERC, or on
the FERC website at www.ferc.gov using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number
in the ``Docket Number'' field. Be sure you have selected an
appropriate date range. For assistance, please contact FERC Online
Support at [email protected] or<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of all formal documents issued by the Commission, such as orders,
notices, and rulemakings.

    Dated: September 30, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-21784 Filed 10-5-22; 8:45 am]
BILLING CODE 6717-01-P