[Federal Register: July 9, 2010 (Volume 75, Number 131)]
[Rules and Regulations]
[Page 39448-39450]
[DOCID:fr09jy10-3]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-0238]
RIN 1625-AA08

Special Local Regulation; Detroit APBA Gold Cup, Detroit River,
Detroit, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local
regulation in the Captain of the Port Detroit Zone on the Detroit
River, Detroit, Michigan. This special local regulation is intended to
restrict vessels from portions of the Detroit River during the Detroit
APBA Gold Cup. This special local regulation is necessary to protect
spectators and vessels from the hazards associated with powerboat
races.

DATES: This rule is effective from 7 a.m. on July 7, 2010, to 7 p.m. on
July 11, 2010.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0238 and are available online by going to
http://www.regulations.gov, inserting USCG-2010-0238 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail CDR Joseph Snowden, Prevention
Department, Sector Detroit, Coast Guard; telephone<PHONE_NUMBER>, e-
mail<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 23, 2010, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulation; Detroit APBA Gold Cup,
Detroit River, Detroit, MI in the Federal Register (75 FR 21191). We
received zero comments on the proposed rule. No public meeting was
requested, and none was held. This regulation is effective on July 7-11
instead of after 30 days after publication in the Federal Register
because the APBA moved up the date of the race with short notice.
Allowing 30 days notice would render the regulation useless.

Background and Purpose

    This temporary special local regulation is necessary to ensure the
safety of vessels and spectators from hazards associated with a
powerboat race. The Captain of the Port Detroit has determined
powerboat races in close proximity to watercraft and infrastructure
pose significant risk to public safety and property. The likely
combination of large numbers of recreational vessels, powerboats
traveling at high speeds, and large numbers of spectators in close
proximity to the water could easily result in serious injuries or
fatalities. Establishing a special local regulation around the location
of the race course will help ensure the safety of persons and property
at these events and help minimize the associated risks.

Discussion of Comments and Changes

    We received no comments with regard to this rule and no changes
have been made to this rule as proposed in the NPRM.

Discussion of Rule

    This regulation is effective from 7 a.m. on July 7, 2010, to 7 p.m.
on July 11, 2010 and will be enforced daily from 7 a.m. until 7 p.m. on
July 7-11, 2010. Prior to the event, local sailing and yacht clubs will
be provided with information by Coast Guard Station Belle Isle on what
to expect during the event. Station Belle Isle will do this in order to
minimize interruptions in the normal business practices of local
sailing and yacht clubs. In the event that this temporary special local
regulation affects shipping, commercial vessels may request permission
from the Captain of the Port Detroit to transit through the safety
regulated area. The Coast Guard will give notice to the public via a
Broadcast Notice to Mariners that the regulation is in effect.
Additionally, the COTP will suspend enforcement of the special local
regulation if the event for which the special local regulation is
established ends earlier than the expected time.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. This determination is based
on the minimal time that vessels will be restricted from the area of
the special local regulation, which is located in a portion of the
Detroit River where the Coast Guard expects insignificant adverse
impact to mariners from the special local regulation's enforcement.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in the portion of the Detroit River near Detroit, MI
between 7 a.m. and 7 p.m. from July 7, 2010 through July 11, 2010.
    This regulated navigation area will not have a significant economic
impact on a substantial number of small entities for the following
reasons: This rule will be enforced for approximately twelve hours
daily, between 7 a.m. and 7 p.m, from July 7, 2010 through July 11,
2010. Prior to the event, local sailing and yacht clubs will be
provided with information by Coast Guard Station Belle Isle on what to
expect during the event. Station Belle Isle will do this in order to
minimize interruptions in the normal business practices of local
sailing and yacht clubs. In the event that this special local
regulation affects shipping, commercial vessels may request permission
from the Captain of the Port Detroit to transit through the regulated
navigation area. The Coast Guard will give notice to the public via a
Broadcast Notice to Mariners that the regulation is in effect.
Additionally, the Captain of the Port will suspend enforcement of the
special local regulation if the event for which the special local
regulation is established ends earlier than the expected time.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). We received no
comments with regard to this rule and no changes have been made to this
rule as proposed in the NPRM.

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism. We received no comments with regard to this rule and no
changes have been made to this rule as proposed in the NPRM.

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. We received no comments with regard to this rule and no
changes have been made to this rule as proposed in the NPRM.

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. We received no comments with regard to this rule and no changes
have been made to this rule as proposed in the NPRM.

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. We received no comments with
regard to this rule and no changes have been made to this rule as
proposed in the NPRM.

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. We received no comments with regard
to this rule and no changes have been made to this rule as proposed in
the NPRM.

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. We received no
comments with regard to this rule and no changes have been made to this
rule as proposed in the NPRM.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211. We received no comments with regard to
this rule and no changes have been made to this rule as proposed in the
NPRM.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of

Management and Budget, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g.,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards. We received no
comments with regard to this rule and no changes have been made to this
rule as proposed in the NPRM.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(h), of
the Instruction. This rule involves the establishment of a special
local regulation issued in conjunction with a permitted powerboat race
event. The environmental analysis conducted for the powerboat race
event permit included an analysis of the impact of the special local
regulation. Based on our preliminary determination, there are no
factors in this case that would limit the use of a categorical
exclusion under section 2.B.2 of the Instruction. Therefore, we believe
that this rule should be categorically excluded, under figure 2-1,
paragraph (34)(h), of the Instruction, from further environmental
documentation. Under figure 2-1, paragraph (34)(h), of the Instruction,
an environmental checklist and categorical exclusion determination is
not required for this rule.

List of Subjects in 33 CFR Part 100

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

0
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 new temporary Sec.  100.T09-0238 as follows:

Sec.  100.T09-0238  Special Local Regulation; Detroit APBA Gold Cup;
Detroit River; Detroit, MI.

    (a) Location. The following is a temporary special local regulation
area: All waters of the Detroit River, between Detroit, MI and Belle
Isle, within an area bound on the west by a north-south line created by
the Belle Isle Bridge, starting on land in Detroit at position
42[deg]20'07'' N; 083[deg]00'00'' W and extending south to a point on
Belle Isle at position 42[deg]20'04'' N; 082[deg]59'08'' W, and bound
on the east by a north-south line starting on land in Detroit at
position 42[deg]21'03'' N; 082[deg]57'07'' W, and extending south to a
point on Belle Isle at position 42[deg]21'00'' N; 082[deg]57'07'' W.
(DATUM: NAD 83).
    (b) Effective Period. This regulation is effective from 7 a.m. on
July 7, 2010, to 7 p.m. on July 11, 2010. This regulation will be
enforced daily from 7 a.m. until 7 p.m. on July 7-11, 2010.
    (c) Regulations.
    (1) In accordance with the general regulations in Section 100.35 of
this part, entry into, and transiting or anchoring within this special
local regulation area is prohibited unless authorized by the Captain of
the Port Detroit, or his designated on-scene representative.
    (2) This special local regulation area is closed to all vessel
traffic, except as may be permitted by the Captain of the Port Detroit
or his designated on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant, or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or
his designated on-scene representative may be contacted via VHF Channel
16.
    (4) Vessel operators desiring to enter or operate within the
special local regulation area shall contact the Captain of the Port
Detroit or his on-scene representative to obtain permission to do so.
Vessel operators given permission to enter or operate in the special
local regulation area must comply with all directions given to them by
the Captain of the Port or his on-scene representative.

    Dated: June 14, 2010.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2010-16716 Filed 7-7-10; 11:15 am]
BILLING CODE 9110-04-P7


[Federal Register Volume 76, Number 74 (Monday, April 18, 2011)]
[Notices]
[Pages 21725-21726]
[FR Doc No: 2011-9313]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP11-1973-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Columbia Gas Transmission, LLC submits tariff filing
per 154.204: Negotiated Rate Service Agreement--CEMI to be effective 4/
1/2011.
    Filed Date: 04/04/2011.
    Accession Number: 20110404-5191.
    Comment Date: 5 p.m. Eastern Time on Monday, April 18, 2011.

    Docket Numbers: RP11-1974-000.
    Applicants: CenterPoint Energy Gas Transmission Company, LLC.
    Description: CenterPoint Energy Gas Transmission Company, LLC
submits tariff filing per 154.204: CEGT LLC cleanup to be effective 5/
6/2011.
    Filed Date: 04/05/2011.
    Accession Number: 20110405-5023.
    Comment Date: 5 p.m. Eastern Time on Monday, April 18, 2011.

    Docket Numbers: RP11-1975-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Texas Gas Transmission, LLC submits tariff filing per
154.204: Revise Types of Discounts to be effective 5/5/2011.
    Filed Date: 04/05/2011.
    Accession Number: 20110405-5027.
    Comment Date: 5 p.m. Eastern Time on Monday, April 18, 2011.

    Docket Numbers: RP11-1976-000.
    Applicants: Kinder Morgan Interstate Gas Transmission LLC.
    Description: Kinder Morgan Interstate Gas Transmission LLC submits
tariff filing per 154.204: Negotiated Rate 2011-04-05 Mieco (A&R) to be
effective 4/5/2011.
    Filed Date: 04/05/2011.
    Accession Number: 20110405-5063.
    Comment Date: 5 p.m. Eastern Time on Monday, April 18, 2011.

    Docket Numbers: RP11-1977-000.
    Applicants: Dauphin Island Gathering Partners.
    Description: Dauphin Island Gathering Partners submits tariff
filing per 154.204: Negotiated Rates 2011-04-05 to be effective 4/6/
2011.
    Filed Date: 04/05/2011.
    Accession Number: 20110405-5117.
    Comment Date: 5 p.m. Eastern Time on Monday, April 18, 2011.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    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 should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 06, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-9313 Filed 4-15-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 236 (Thursday, December 8, 2011)]
[Notices]
[Pages 76799-76801]
[FR Doc No: 2011-31474]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65865; File No. SR-NYSE-2011-58]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Amend NYSE Rule 104(a)(1)(A) To Reflect That Designated Market Maker
Unit Quoting Requirements Are Based on Consolidated Average Daily
Volume

 December 2, 2011.
    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 November 18, 2011, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated the proposed rule change as constituting a non-
controversial rule change under Rule 19b-4(f)(6) under the Act,\3\
which renders the proposal effective upon filing with the Commission.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to [amend] [sic] NYSE Rule 104(a)(1)(A) to
reflect that, when determining the specific percentage quoting
requirement applicable to a Designated Market Maker unit (``DMM
unit''), volume for the particular security is based on consolidated
average daily volume (``CADV''). The text of the proposed rule change
is available at the Exchange, the Commission's Public Reference Room,
and http://www.nyse.com.

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

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

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

1. Purpose
    The Exchange proposes to amend NYSE Rule 104(a)(1)(A) \4\ to
reflect that, when determining the specific percentage quoting
requirement applicable to a DMM unit,\5\ volume for the particular
security is based on CADV.\6\
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    \4\ NYSE Rule 104 is currently in effect during a pilot period
(``New Market Model Pilot'' or ``NMM Pilot''). See Securities
Exchange Act Release No. 58845 (October 24, 2008), 73 FR 64379
(October 29, 2008) (SR-NYSE-2008-46) (the ``NYSE NMM Approval'').
The Exchange has extended the operation of the NMM Pilot several
times and it is currently set to expire on January 31, 2012. See
Securities Exchange Act Release No. 64761 (June 28, 2011), 76 FR
39147 (July 5, 2011) (SR-NYSE-2011-29).
    \5\ See NYSE Rule 98(b)(2). ``DMM unit'' means any member
organization, aggregation unit within a member organization, or
division or department within an integrated proprietary aggregation
unit of a member organization that (i) Has been approved by NYSE
Regulation pursuant to section (c) of NYSE Rule 98, (ii) is eligible
for allocations under NYSE Rule 103B as a DMM unit in a security
listed on the Exchange, and (iii) has met all registration and
qualification requirements for DMM units assigned to such unit.
    \6\ Given the multitude of venues where equity securities trade,
CADV is more reflective of the trading characteristics of a security
than the volume on any single market.
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    A DMM unit must maintain a bid or an offer at the National Best Bid
and National Best Offer (``inside'') a minimum of either 10% or 15% of
the trading day, depending on trading volume for the security. NYSE
Rule 104(a)(1)(A) currently reflects for one of the calculations, but
not the other, that, when determining the specific percentage quoting
requirement applicable to a DMM unit, trading volume for the particular
security is based on volume ``on the Exchange.'' The reference to ``on
the Exchange'' was inadvertently included in the Exchange's proposal to
implement the

NMM Pilot.\7\ In this regard, and as reflected in the NYSE NMM
Approval, the Exchange intended that trading volume for a particular
security would be based on CADV when determining the specific
percentage quoting requirement applicable to a DMM unit.\8\
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    \7\ NYSE Amex LLC has filed a similar proposal to similarly
change the text of NYSE Amex Equities Rule 104(a)(1)(A), which is
based on NYSE Rule 104(a)(1)(A), from volume ``on the Exchange'' to
``consolidated'' volume.
    \8\ See NYSE NMM Approval at 64381, which states that ``[f]or
securities that have a consolidated average daily volume of less
than one million shares per calendar month, a DMM Unit must maintain
a bid or an offer at the NBBO for at least 10% of the trading day
(calculated as an average over the course of a calendar month). For
securities that have a consolidated average daily volume of equal to
or greater than one million shares per calendar month, a DMM Unit
must maintain a bid or an offer at the NBBO for at least 5% or more
of the trading day (calculated as an average over the courts (sic)
of a calendar month.'' See also NYSE NMM Approval at n.71. A
subsequent NYSE rule change similarly noted that, ``with respect to
maintaining a continuous two-sided quote with reasonable size, DMMs
must maintain a bid or offer at the NBBO* * *at a prescribed level
based on the average daily volume of the security. Securities that
have a consolidated average daily volume of less than one million
shares per calendar month are defined as Less Active Securities and
securities that have a consolidated average daily volume of equal to
or greater than one million shares per calendar month are defined as
More Active Securities. For Less Active Securities, a [DMM] unit
must maintain a bid or an offer at the NBBO for at least 10% of the
trading day during a calendar month. For More Active Securities, a
[DMM] unit must maintain a bid or an offer at the NBBO for at least
5% or more of the trading day during a calendar month.'' See
Securities Exchange Act Release No. 58971 (November 17, 2008), 73 FR
71070 (November 24, 2008) (SR-NYSE-2008-115) at n.5. CADV is
similarly used to differentiate between ``more active'' and ``less
active'' securities under NYSE Rule 103B.
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    As proposed, NYSE Rule 104(a)(1)(A) would reflect that, with
respect to maintaining a continuous two-sided quote with reasonable
size, DMM units must maintain a bid or an offer at the inside at least
15% of the trading day for securities in which the DMM unit is
registered with a consolidated average daily volume of less than one
million shares, and at least 10% for securities in which the DMM unit
is registered with a consolidated average daily volume equal to or
greater than one million shares.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Securities Exchange Act of 1934 (the ``Act''),\9\ in
general, and furthers the objectives of Section 6(b)(5) of the Act,\10\
in particular, because it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest. Specifically,
the proposed change would align the text of NYSE Rule 104(a)(1)(A) with
the previously approved manner by which to measure trading volume of a
particular security, as set forth in NYSE Rule 103B, and consistent
with the NMM Approval order, which also discussed the use of CADV, and
not just trading volume on the Exchange, for purposes of measuring the
quoting requirement applicable to a DMM unit.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not become operative for 30 days from the date on which it was filed,
or such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-
4(f)(6) thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
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    The Exchange has requested that the Commission waive the 30-day
operative delay. The Commission believes that waiver of the operative
delay is consistent with the protection of investors and the public
interest. Such waiver will allow the Exchange's Rules to immediately
reflect the fact that DMM unit quoting requirements are calculated
based on CADV rather than trading volume on the Exchange. Therefore,
the Commission designates the proposal operative upon filing.\13\
---------------------------------------------------------------------------

    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2011-58 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2011-58. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing will also be available for
inspection and

copying at the NYSE's principal office and on its Internet Web site at
http://www.nyse.com. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make publicly available. All submissions should refer to File Number
SR-NYSE-2011-58 and should be submitted on or before December 29, 2011

    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-31474 Filed 12-7-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Notices]
[Pages 42706-42707]
[FR Doc No: 2011-18158]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OEI-2011-0359; FRL-9441-4]

 Amendment of Inspector General Operations & Reporting System
Audit, Assignment, and Timesheet Files (EPA-42)

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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

SUMMARY: Pursuant to the provisions of the Privacy Act of 1974 (5
U.S.C. 552a), the Office of Inspector General (OIG) is giving notice
that it proposes to amend an existing system of records by changing the
name of the system from the Inspector General Operations & Reporting
(IGOR) System Audit, Assignment, and Timesheet Files (EPA-42) to the
Inspector General Enterprise Management System (IGEMS) Audit,
Assignment, and Timesheet Modules.

DATES: Effective Dates: Persons wishing to comment on this system of
records notice must do so by August 29, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2011-0359, by one of the following methods:
     http://www.regulations.gov: Follow the online instructions
for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: OEI Docket, Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: OEI Docket, EPA/DC, EPA West Building, Room
3334, 1301 Constitution Ave., NW., Washington, DC. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OEI-
2011-0359. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information for which
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
for which disclosure is restricted by statute. Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the OEI
Docket, EPA/DC, EPA West Building, Room 3334, 1301 Constitution Ave.,
NW., Washington, DC. 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<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Chris Han,<PHONE_NUMBER>

SUPPLEMENTARY INFORMATION:

I. General Information

    The Inspector General Operations & Reporting (IGOR) System Audit,
Assignment, and Timesheet Files (EPA-42) will be changed to Inspector
General Enterprise Management System (IGEMS) Audit, Assignment, and
Timesheet Modules. The System assists the OIG planning and managing
audits, evaluations, investigations and other OIG activities. The
privacy of individuals is protected through user authentication and
system roles, permissions and privileges. The system is operated and
maintained by the

Office of Inspector General, Office of Mission Systems.

    Dated: July 8, 2011.
Malcolm D. Jackson,
Assistant Administrator and Chief Information Officer.
EPA-42

System Name:
    Inspector General Enterprise Management System (IGEMS) Audit,
Assignment, and Timesheet Modules.

System Location:
    Enterprise Technology Services Division, Environmental Protection
Agency, Research Triangle Park, NC 27711.

Categories of Individuals Covered by the System:
    Office of Inspector General (OIG) employees; individuals who
request audits or special projects; names of individual auditees.

Categories of Records in the System:
    Incoming audit requests, assignment sheets, review sheets, and
reports; incoming special project requests, assignment sheets, and
memorandums or briefing materials; and OIG employee timesheets.

Authority for Maintenance of the System Includes Any Revisions or
Amendments):
    Inspector General Act of 1978, 5 U.S.C. app. 3.

Purpose(s):
    To assist the OIG in planning and managing audits, evaluations,
investigations and other OIG activities.

Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
    General routine uses A, B, C, D E, F, G, H, I, J, K, and L apply to
this system.

Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
    In a computer database.

Retrievability:
    By assignment number, audit report number, the name and social
security number of the assigned OIG auditor, or the name of the audit
requestor.
    The general assignment module contains records that are retrieved
by assignment number, and the name and Social Security Number of the
OIG employee performing the assignment.

Safeguards:
    Computer records are maintained in a secure, password protected
computer system. All records are maintained in secure, access-
controlled areas or buildings.

Retention and Disposal:
    Records stored in this system are subject to EPA Schedule 707.

System Manager(s) and Address:
    Assistant Inspector General for Mission Systems, Office of
Inspector General, Environmental Protection Agency, 1200 Pennsylvania
Avenue NW., Washington, DC 20460.

Notification Procedures:
    Requests to determine whether this system of records contains a
record pertaining to you must be sent to the Agency's Freedom of
Information Office. The address is: U.S. Environmental Protection
Agency; 1200 Pennsylvania Ave., NW., Room 6416 West; Washington, DC
20460;<PHONE_NUMBER>; E-mail: (hq.foia@epa.gov); Attn: Privacy Act
Officer.

Records Access Procedure:
    Persons seeking access to their own personal information in this
system of records will be required to provide adequate identification
(e.g., driver's license, military identification card, employee badge
or identification card) and, if necessary, proof of authority.
Additional identity verification procedures may be required as
warranted. Requests must meet the requirements of EPA regulations at 40
CFR part 16.

Contesting Records Procedure:
    Requests for correction or amendment must identify the record to be
changed and the corrective action sought. Complete EPA Privacy Act
procedures are set out in 40 CFR part 16.

Record Source Categories:
    Record subject, OIG supervisors, other EPA employees.

Systems Exempted From Certain Provisions of the Act:
    None.

[FR Doc. 2011-18158 Filed 7-18-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 220 (Thursday, November 16, 2023)]
[Notices]
[Pages 78806-78807]
[FR Doc No: 2023-25293]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No.: FAA-2023-1782; Summary Notice No.-2023-45]

Petition for Exemption; Summary of Petition Received; SkyWest
Charter

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the

FAA's exemption process. Neither publication of this notice nor the
inclusion nor omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before December 6, 2023.

ADDRESSES: Send comments identified by docket number FAA-2023-1782
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140,
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jimeca Callaham,<PHONE_NUMBER>,
Office of Rulemaking, Federal Aviation Administration, 800 Independence
Avenue SW, Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on November 9, 2023.
Brandon Roberts,
Executive Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2023-1782.
    Petitioner: SkyWest Charter.
    Section(s) of 14 CFR Affected: Sec.  135.324(a).
    Description of Relief Sought: SkyWest Charter (SWC), a part 135 air
carrier certificate holder, requests relief from the requirements of
Section 135.324(a) to the extent necessary to allow personnel from
SkyWest Airlines, a part 121 air carrier certificate holder, to conduct
training, testing and checking of SWC's pilots using SkyWest Airlines'
training programs.

[FR Doc. 2023-25293 Filed 11-15-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 51 (Thursday, March 18, 2021)]
[Notices]
[Pages 14744-14745]
[FR Doc No: 2021-05620]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2701-061]

Erie Boulevard Hydropower, L.P.; Notice of Application Tendered
for Filing With the Commission and Establishing Procedural Schedule for
Licensing and Deadline for Submission of Final Amendments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License
    b. Project No.: 2701-061
    c. Date Filed: February 26, 2021
    d. Applicant: Erie Boulevard Hydropower, L.P. (Erie)
    e. Name of Project: West Canada Creek Hydroelectric Project
    f. Location: The existing project is located on West Canada Creek,
a tributary of the Mohawk River, in the counties of Oneida and
Herkimer, New York. The project does not occupy federal land.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r)
    h. Applicant Contact: Steven Murphy, Director, Licensing,
Brookfield Renewable, 33 West 1st Street South, Fulton, NY 13069, (315)
598-6130<EMAIL_ADDRESS>i. FERC Contact: Emily
Carter,<PHONE_NUMBER> or<EMAIL_ADDRESS>    j. This application is not ready for environmental analysis at this
time.
    k. Project Description:
    The project consists of the following two developments:
    The Prospect Development includes: (1) A 176-acre impoundment with
a normal surface elevation of 1,161.5 feet; \1\ (2) a dam that consists
of a 306-foot-long, 45-foot-high concrete overflow spillway with three
27-foot-wide Tainter gates; (3) a 400-foot-long, 47-foot-high north
dike and a 475-foot-long, 47-foot-high south dike; (4) a 4,500-foot-
long, 22-foot-high canal extending from the south dike to a concrete
intake; (5) a 430-foot-long, 13.5-foot-diameter steel penstock leading
from the intake to the 76-foot-long, 62-foot-wide reinforced concrete
powerhouse containing a single turbine generator unit with a nameplate
capacity of 17.3 megawatts (MW); (6) an approximate 1.2-mile-long
bypassed

reach between the Prospect dam and the powerhouse; (7) 6.9-kilovolt
(kV) generator leads that run from the powerhouse to a substation with
a 15-kV breaker, 6.6/46-kV transformer, and a 46-kV switch connecting
to the National Grid interconnection point within the substation; and
(8) appurtenant facilities.
---------------------------------------------------------------------------

    \1\ All elevations refer to USGS mean sea level datum (National
Geodetic Vertical Datum or NGVD).
---------------------------------------------------------------------------

    The Trenton Development includes: (1) A 288-foot-long and 60-foot-
high concrete and masonry dam having an overflow section with a crest
elevation of 1,017.9 feet USGS, approximately 100 feet long surmounted
by 6-foot hinged flashboards and a 10-foot by 15-foot sluice gate; (2)
a concrete spillway approximately 160 feet long with a crest elevation
of 1,016.2 feet USGS surmounted by a pneumatic flashboard system with a
crest elevation of 1,023.9 feet USGS when fully inflated, discharging
into a spillway channel excavated into rock around the east abutment of
the dam; (3) a reservoir having a surface area of 9 acres and a gross
storage capacity of 264 acre-feet at a normal pool elevation of 1,023.9
feet USGS; (4) six 5-foot-diameter sluice pipes through the dam and two
concrete-sealed 5-foot-diameter pipes; (5) a reinforced-concrete intake
structure having a lift gate and trashracks along the west bank of the
reservoir; (6) a 14-foot-diameter conduit comprising: (a) a 1,275-foot-
long concrete-lined tunnel section; (b) a 40-foot-long steel-lined
tunnel section; and (c) a 2,075-foot-long steel pipe section; (7) a
bifurcation; (8) a steel penstock comprising: (a) a short 12-foot-
diameter section connecting to a surge tank and leading to a 125-foot-
long, 12-foot-diameter section connecting to a manifold; and (b) three
138-foot-long, 7-foot-diameter sections serving generating Units 5, 6,
and 7; (9) a 263-foot-long, 7-foot-diameter steel penstock to Units 1
through 4; (10) Units 1 through 4 in Powerhouse No. 1 retired in-place
and Powerhouse No. 2 containing generating Unit 5 (7,400 kW), Unit 6
(7,650 kW), and Unit 7 (7,400 kW) for a total nameplate rating of
22,450-kW operated at a 255-foot head and a maximum flow of 1,450 cfs;
(11) the 13.2-kV generator leads, the 15-kV switchgear, the 13.2/46-kV
transformers, the 46-kV switchgear connecting to the main 46-kV bus,
and the associated station services transformer banks and low voltage
switchgear; and (12) appurtenant facilities.
    The West Canada Creek Project operates off of outflows from the New
York Power Authority's Hinckley-Jarvis Hydroelectric Project's (FERC
No. 3211) reservoir (Hinckley reservoir) that discharges into the upper
end of the Prospect Development's reservoir.
    l. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested individuals an
opportunity to view and/or print the contents of this document and the
full license application via the internet through the Commission's Home
Page (www.ferc.gov) using the ``eLibrary'' link. At this time, the
Commission has suspended access to the Commission's Public Access 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 FERC at<EMAIL_ADDRESS>or
call toll-free,<PHONE_NUMBER> or TTY,<PHONE_NUMBER>. The application
can also be found on the applicant's website (https://westcanadacreek.brookfieldusprojects.com/).
    m. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: March 12, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-05620 Filed 3-17-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 42 (Friday, March 2, 2018)]
[Notices]
[Pages 9012-9013]
[FR Doc No: 2018-04271]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2018-0135]

Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0068

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting an extension of
its approval for the following collection of information: 1625-0068,
State Access to the Oil Spill Liability Trust Fund for removal costs
under the Oil Pollution Act of 1990, without change. Our ICR describes
the information we seek to collect from the public. Before submitting
this ICR to OIRA, the Coast Guard is inviting comments as described
below.

DATES: Comments must reach the Coast Guard on or before May 1, 2018.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2018-0135] to the Coast Guard using the Federal
eRulemaking Portal at http://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
    A copy of the ICR is available through the docket on the internet
at http://www.regulations.gov. Additionally, copies are available from:
Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S. Coast
Guard, 2703 Martin Luther King Jr. Ave. SE, STOP 7710, Washington, DC
20593-7710.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. In response to
your comments, we may revise this ICR or decide not to seek an
extension of approval for the Collection. We will consider all comments
and material received during the comment period.
    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2018-0135], and
must be received by May 1, 2018.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).

Information Collection Request

    Title: State Access to the Oil Spill Liability Trust Fund for
removal costs under the Oil Pollution Act of 1990.
    OMB Control Number: 1625-0068.
    Summary: This information collection is the mechanism for a
Governor, or their designated representative, of a state to make a
request for payment from the Oil Spill Liability Trust Fund (OSLTF) in
an amount not to exceed $250,000 for removal cost consistent with the
National Contingency Plan required for the immediate removal of a
discharge, or the mitigation or prevention of a substantial threat of
discharge, of oil.
    Need: This information collection is required by 33 CFR part 133,
for implementing 33 U.S.C. 2712(d)(1) of the Oil Pollution Act of 1990
(OPA 90). The information provided by the State to the National
Pollution Funds Center (NPFC) is used to determine whether expenditures
submitted by the state to the OSLTF are compensable, and, where
compensable, to ensure the correct

amount of reimbursement is made by the OSLTF to the state. If the
information is not collected, the Coast Guard and the National
Pollution Funds Center will be unable to justify the resulting
expenditures, and thus be unable to recover costs from the parties
responsible for the spill when they can be identified.
    Forms: None.
    Respondents: Governor of a state or their designated
representative.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated annual burden remains 03 hours
a year.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: February 26, 2018.
James D. Roppel,
U.S. Coast Guard, Acting Chief, Office of Information Management.
[FR Doc. 2018-04271 Filed 3-1-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Notices]
[Pages 12188-12189]
[FR Doc No: 2015-05369]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2011-0138]

Merchant Mariner Medical Advisory Committee

AGENCY: Coast Guard, Department of Homeland Security.

ACTION: Notice of Federal Advisory Committee Meeting.

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

SUMMARY: The Merchant Mariner Medical Advisory Committee will meet to
discuss matters relating to medical certification determinations for
issuance of licenses, certificates of registry, merchant mariners'
documents, medical standards and guidelines for the physical
qualifications of operators of commercial vessels, medical examiner
education, and medical research. The meeting will be open to the
public.

DATES: The Merchant Mariner Medical Advisory Committee is scheduled to
meet on Monday, March 16 and Tuesday, March 17, 2015, from 8 a.m. to 5
p.m. Please note that the meeting may close early if the committee has
completed its business. This meeting will be held as scheduled subject
to the availability of funds. Anyone interested in attending this
meeting may want to contact the Coast Guard before making their travel
and hotel reservations. Please contact Lieutenant Ashley Holm,
Alternate Designated Federal Officer for the Merchant Mariner Medical
Advisory Committee, to confirm that the meeting will be held on these
dates or if the meeting has been re-scheduled. All submitted written
materials, comments, and requests to make oral presentations at the
meeting should reach Lieutenant Ashley Holm no later than March 13,
2015. For contact information, please see the FOR FURTHER INFORMATION
CONTACT section below. Any written material submitted by the public
both before and after the meeting will be distributed to the Merchant
Mariner Medical Advisory Committee and become part of the public
record.

ADDRESSES: The meeting will be held at the Astor Crowne Plaza Hotel,
St.

Charles Ballroom B, 739 Canal Street at Bourbon, New Orleans, LA 70130
(www.astorneworleans.com). For further information about the hotel
facilities, please contact the front desk at<PHONE_NUMBER>.
    For information on services for individuals with disabilities or to
request special assistance at the meeting, contact the individual
listed in the FOR FURTHER INFORMATION CONTACT section as soon as
possible. For planning purposes, please notify the Merchant Mariner
Medical Advisory Committee Alternate Designated Federal Officer of your
attendance as soon as possible.
    Hotel Reservations: A block of rooms have been reserved at a group
rate from Sunday, March 15 through Wednesday, March 18, 2015 at the
Astor Crowne Plaza Hotel for the Merchant Mariner Medical Advisory
Committee meeting attendees. Availability is limited. To make a
reservation please visit the following Web site: https://aws.passkey.com/event/12834543/owner/10756/landing. Select ``attendee''
from the dropdown menu.
    If you plan on attending the Merchant Marine Personnel Advisory
Committee meeting being held March 18-19, 2015 following the Merchant
Mariner Medical Advisory Committee, a separate hotel reservation will
need to be made under a different block. To make a reservation for the
Merchant Marine Personnel Advisory Committee meeting please visit the
following Web site: https://aws.passkey.com/event/12834866/owner/10756/home. To secure the group rate, reservations under both committee
blocks must be made no later than March 13, 2015.
    To facilitate public participation, we are inviting public comment
on the issues to be considered by the committee as listed in the
``Agenda'' section below. Written comments must be submitted no later
than March 13, 2015, in order for committee members to review comments
before the meeting, and must be identified by docket number USCG-2011-
0138 and submitted by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments (preferred method to
avoid delays in processing).
     Fax:<PHONE_NUMBER>.
     Mail: Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
     Hand delivery: Same as mail address above, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal Holidays. The
telephone number is<PHONE_NUMBER>.
    Instructions: All submissions must include the words ``Department
of Homeland Security'' and the docket number for this action. All
comments submitted will be posted without alteration at http://www.regulations.gov, including any personal information provided. You
may review a Privacy Act notice regarding our public dockets in the
January 17, 2008, issue of the Federal Register (73 FR 3316).
    Docket: For access to the docket to read documents or comments
related to this Notice, go to http://www.regulations.gov, insert USCG-
2011-0138 in the ``SEARCH'' box, press Enter and then click on the item
you wish to view.
    A public comment period will be held on March 16, 2015, from
approximately 11 a.m.-11:30 a.m. Speakers are requested to limit their
comments to 5 minutes. Please note that the public comment period may
end before the time indicated, following the last call for comments.
Additionally, public comment will be sought throughout the meeting as
specific issues are discussed by the committee. Contact Lieutenant
Ashley Holm as indicated below to register as a speaker.

FOR FURTHER INFORMATION CONTACT: Lieutenant Ashley Holm, Alternate
Designated Federal Officer for the Merchant Mariner Medical Advisory
Committee, at telephone<PHONE_NUMBER> or email<EMAIL_ADDRESS>
If you have any questions on viewing or submitting material to the
docket, call Ms. Cheryl Collins, Program Manager, Docket Operations,
telephone<PHONE_NUMBER> or 1-800-647-5527.

SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act, 5 United States Code Appendix. The
Merchant Mariner Medical Advisory Committee Meeting is authorized by 46
United States Code 7115 and advises the Secretary on matters related to
(a) medical certification determinations for issuance of licenses,
certificates of registry, and merchant mariners' documents; (b) medical
standards and guidelines for the physical qualifications of operators
of commercial vessels; (c) medical examiner education; and (d) medical
research.
    A copy of all meeting documentation is available at https://homeport.uscg.mil by using these key strokes: Missions; Port and
Waterways; Safety Advisory Committees; MEDMAC and then use the
announcements key. Alternatively, you may contact Lieutenant Ashley
Holm as noted in the FOR FURTHER INFORMATION CONTACT section above.

Agenda:

Day 1

    The agenda for the March 16, 2015 meeting is as follows:
    (1) Opening remarks from Coast Guard leadership.
    (2) Opening remarks from the Designated Federal Officer.
    (3) Roll call of committee members and determination of a quorum.
    (4) Review of last full committee meeting's minutes.
    (5) Public comments.
    (6) Introduction of new task(s).
    (7) Working Groups addressing the following task statements may
meet to deliberate--
    (a) Task Statement 1, Revision of Navigation and Vessel Inspection
Circular 04-08. The Navigation and Vessel Inspection Circular can be
found at http://www.uscg.mil/hq/cg5/nvic/, Medical and Physical
Guidelines for Merchant Mariner Credentials.
    (b) The Committee will receive new task statements from the Coast
Guard, review the information presented on each issue, deliberate and
formulate recommendations for the Department's consideration.
    (8) Adjournment of meeting.

Day 2

    The agenda for the March 17, 2015 meeting is as follows:
    (1) Continue work on Task Statements.
    (2) By mid-afternoon, the Working Groups will report, and if
applicable, make recommendations for the full committee to consider for
presentation to the Coast Guard. The committee may vote on the working
group's recommendations on this date. The public will have an
opportunity to speak after each Working Group's Report before the full
committee takes any action on each report.
    (3) Closing remarks/plans for next meeting.
    (4) Adjournment of Meeting.

    Dated: March 3, 2015.
P.F. Thomas,
Assistant Commandant for Prevention Policy, United States Coast Guard.
[FR Doc. 2015-05369 Filed 3-5-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 247 (Friday, December 23, 2011)]
[Rules and Regulations]
[Pages 80232-80233]
[FR Doc No: 2011-32854]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0744; Airspace Docket No. 11-ASO-33]

Establishment of Class E Airspace; Oneonta, AL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class E Airspace at Oneonta, AL, to
accommodate the new Area Navigation (RNAV) Global Positioning System
(GPS) Standard Instrument Approach Procedures serving Robbins Field.
This action enhances the safety and airspace management of Instrument
Flight Rules (IFR) operations within the National Airspace System. This
action also makes a minor adjustment to the geographic coordinates of
the airport.

DATES: Effective 0901 UTC, February 9, 2012. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    On September 22, 2011, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to establish Class E airspace at
Oneonta, AL (76 FR 58728) Docket No. FAA-2011-0744. Interested parties
were invited to participate in this rulemaking effort by submitting
written comments on the proposal to the FAA. No comments were received.
Subsequent to publication, the FAA found a typographical error in the
longitude coordinates of the airport. This action makes the correction.
Class E airspace designations are published in paragraph 6005 of FAA
Order 7400.9V dated August 9, 2011, and effective September 15, 2011,
which is incorporated by reference in 14 CFR Part 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order. With the exception of editorial changes, and
the changes described above, this rule is the same as that proposed in
the NPRM.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class E airspace extending upward from 700 feet
above the surface at Oneonta, AL, to provide the controlled airspace
required to accommodate the new RNAV GPS Standard Instrument Approach
Procedures developed for Robbins Field. This action is necessary for
the safety and management of IFR operations at the airport. Also, the
coordinates of the airport are corrected to be in concert with the FAAs
aeronautical database.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a

``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
Regulatory Evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified that this rule, when promulgated,
will not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes controlled airspace at Robbins Field, Oneonta, AL.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for Part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9V, Airspace Designations and Reporting
Points, dated August 9, 2011, effective September 15, 2011, is amended
as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ASO AL E5 Oneonta, AL [New]

Robbins Field, AL
    (Lat. 33[deg]58'17'' N., long. 86[deg]22'49'' W.)

    That airspace extending upward from 700 feet above the surface
within an 8.5- mile radius of Robbins Field.

    Issued in College Park, Georgia, on December 13, 2011.
Michael Vermuth,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2011-32854 Filed 12-22-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: August 20, 2010 (Volume 75, Number 161)]
[Rules and Regulations]
[Page 51377-51379]
[DOCID:fr20au10-4]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0745]
RIN 1625-AA00

Safety Zone; Thunder on Niagara, Niagara River, North Tonawanda,
NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on
Niagara River, North Tonawanda, NY. This safety zone is intended to
restrict vessels from a portion of the Niagara River during the Thunder
on Niagara powerboat races. This safety zone is necessary to protect
spectators and vessels from the hazards associated with powerboat
races.

DATES: This rule is effective from 10 a.m. on August 22, 2010 to 6 p.m.
on August 23, 2010.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0745 and are available online by going to
http://www.regulations.gov, inserting USCG-2010-0745 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0745 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0745 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Lieutenant Brian Sadler, Waterways
Management Division Chief, U.S. Coast Guard Sector Buffalo; telephone
716-843-9573, e-mail<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory 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
it is contrary to the public interest to delay the effective date of
this rule. Delaying the effective date by first publishing an NPRM
would be contrary to the safety zone's intended objectives because
immediate action is needed to protect persons and vessels against the
dangers presented by a power boat race.
    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. Due to the need for immediate
action, the restriction of vessel traffic is necessary to protect life,
property and the environment; therefore, a 30-day notice is
impracticable. Delaying the effective date would be contrary to the
safety zone's intended objectives of protecting persons and vessels
involved in the event, and enhancing public and maritime safety.

Background and Purpose

    This temporary safety zone is necessary to ensure the safety of
vessels and spectators from the hazards associated with powerboat
races. Based on recent accidents that have occurred in other Captain of
the Port zones, the Captain of the Port Buffalo, has determined
powerboat races present significant risks to public safety and
property. The likely combination of large numbers of recreational
vessels, congested waterways, and alcohol use, present a significant
risk of serious injuries or fatalities.

Discussion of Rule

    This temporary safety zone is necessary to ensure the safety of
spectators and vessels during the Thunder on Niagara powerboat races.
This rule is effective and will be enforced from 10 a.m. on August 22,
2010 to 6 p.m. on August 23, 2010. The safety zone will encompass all
waters of the Niagara River, North Tonawanda, NY within two miles of
the Grand Island Bridge located at 43[deg]03'36'' N, 078[deg]54'45'' W
to 43[deg]03'09'' N, 078[deg]55'21'' W to 43[deg]02'42'' N,
078[deg]54'09'' W to 43[deg]03'00'' N, 078[deg]53'42'' W, then
returning to the point of origin. (DATUM: NAD 83).

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    The Coast Guard determined that this rule is not a significant
regulatory action because the safety zone will be in effect for a
relatively short amount of time. Plus, vessels may still transit with
the permission of the Captain of the Port Buffalo or his designated on-
scene representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in a portion of the Niagara River, North Tonawanda,
NY, between 10 a.m. on August 22, 2010 to 6 p.m. August 23, 2010.
    This safety zone will not have a significant economic impact on a
substantial number of small entities because of the relatively short
amount of time in which the safety zone will be enforced. Vessels may
still transit through the safety zone with permission from the Captain
of the Port Buffalo or his on-scene representative.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to

health or risk to safety that may disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of a safety zone.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

 List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add temporary section 165.T09-0745 to read as follows:

Sec.  165.T09-0745  Safety Zone; Thunder on Niagara, Niagara River,
North Tonawanda, NY.

    (a) Location. The following area is a temporary safety zone: all
waters of the Upper Niagara River, North Tonawanda, NY within two miles
of the Grand Island Bridge located at 43[deg]03'36'' N, 078[deg]54'45''
W to 43[deg]03'09'' N, 078[deg]55'21'' W 43[deg]02'42'' N,
078[deg]54'09'' W to 43[deg]03'00'' N, 078[deg]53'42'' W, then
returning to the point of origin. (DATUM:NAD 83).
    (b) Effective Period. This regulation is effective on from 10 a.m.
on August 22, 2010 to 6 p.m. on August 23, 2010.
    (c) Regulations.
    (1) In accordance with the general regulations in section 165.23 of
this part, entry into, transiting, or anchoring within an enforced
safety zone established by this section is prohibited unless authorized
by the Captain of the Port Buffalo or his on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his on-scene
representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant, or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
    (4) Vessel operators desiring to enter or operate within this
safety zone shall contact the Captain of the Port Buffalo or his on-
scene representative to obtain permission to do so. The Captain of the
Port Buffalo or his 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
Captain of the Port Buffalo, or his on-scene representative.

    Dated: August 5, 2010.
R.S. Burchell,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2010-20744 Filed 8-19-10; 8:45 am]
BILLING CODE 9110-04-P


Telephone Log

Date:  November 17, 2010

Call between Margaret Sheppard, EPA and Mary Koban, DuPont
Fluoroproducts

Re:  Unique Fittings for HFO-1234yf

Mary Koban contacted Margaret Sheppard in response to a suggestion from
Dr. Chris Seeton to address any potential concerns from EPA about unique
service fittings for HFO-1234yf.  Ms. Sheppard explained that existing
EPA regulations under SNAP require unique service fittings.  Typically,
EPA will list unique fittings for the high side and low side service
ports, for large size professional containers for servicing (e.g., 30 lb
cylinders), and for small can taps, typically used for do-it-yourself
servicing.  Ms. Koban explained that SAE and DuPont have done
considerable work to ensure there are workable, unique fittings.  DuPont
is doing its own testing and plans to share that information and make it
available to anyone interested.  Mary Koban also explained that work for
the fittings for 30 lb cylinders and for other professional service
containers will be based on the dimensions for the fittings for the
low-side service port.  She suggested that EPA consult with the chair of
the SAE committee addressing the SAE J 639 standard.  Ms. Koban
suggested that ideally, a final SNAP rule would reference the unique
fittings in SAE J 639.