[Federal Register: October 3, 2005 (Volume 70, Number 190)]
[Notices]
[Page 57587]
[DOCID:fr03oc05-85]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP96-312-152]

Tennessee Gas Pipeline Company; Notice of Negotiated Rate Filing

September 27, 2005.
    Take notice that on September 21, 2005, Tennessee Gas Pipeline
Company (Tennessee) tendered for filing a negotiated rate arrangement
between Tennessee and Tennessee Valley Authority (TVA). Tennessee
requests that the negotiated rate arrangement between Tennessee and TVA
become effective on October 1, 2005.
    Any person desiring to intervene or to protest this filing 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). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is 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>.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-5411 Filed 9-30-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: March 21, 2007 (Volume 72, Number 54)]
[CORRECTIONS]
[Page 13352]
[DOCID:fr21mr07-122]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 86

[EPA-HQ-OAR-2005-0036; FRL-8278-4]
RIN 2060-AK70

Control of Hazardous Air Pollutants From Mobile Sources

Correction

    In rule document E7-2667 beginning on page 8428 in the issue of
Monday, February 26, 2007, make the following correction:

Sec.  86.1811-09  [Corrected]

    On page 8564, in Sec.  86.11-09(t)(2), in the second column, in
Table S09-5, in the column heading for the first column, ``Model Year
of Introduction 2010'' should read ``Model Year of Introduction''.

[FR Doc. Z7-2667 Filed 3-20-07; 8:45 am]

BILLING CODE 1505-01-D


[Federal Register Volume 86, Number 73 (Monday, April 19, 2021)]
[Notices]
[Page 20385]
[FR Doc No: 2021-07914]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4504-DR; Docket ID FEMA-2021-0001]

Kansas; Amendment No. 3 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Kansas (FEMA-4504-DR), dated March 29, 2020, and
related determinations.

DATES: This amendment was issued February 2, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, pursuant to the
President's Memorandum to Extend Federal Support to Governors' Use of
the National Guard to Respond to COVID-19 and to Increase Reimbursement
and Other Assistance Provided to States, dated January 21, 2021 and the
President's Memorandum on Maximizing Assistance from the Federal
Emergency Management Agency, dated February 2, 2021 FEMA is amending
the cost-sharing arrangements regarding Federal funds provided under
the authority of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121-5207 (the ``Stafford Act'') for all of
the COVID-19 emergency and major disaster declarations. FEMA is
amending this declaration as follows:

    Federal funds for emergency protective measures (Category B),
including direct Federal assistance, under the Public Assistance
program (Section 403) are authorized at 100 percent of total
eligible costs for work performed from January 20, 2020 through
September 30, 2021.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant).

Robert J. Fenton,
Senior Official Performing the Duties of the Administrator, Federal
Emergency Management Agency.
[FR Doc. 2021-07914 Filed 4-16-21; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 86, Number 107 (Monday, June 7, 2021)]
[Notices]
[Pages 30323-30324]
[FR Doc No: 2021-11801]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket Number USCG-2019-0882]

BNSF Railway Bridge Across the Missouri River Between Bismarck
and Mandan, North Dakota; Draft Environmental Impact Statement

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability of draft Environmental Impact Statement,
request for comments, and announcement of virtual public meeting.

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SUMMARY: The United States Coast Guard, as the lead federal agency,
announces the availability of a draft Environmental Impact Statement
(EIS), in accordance with the National Environmental Policy Act of 1969
(NEPA), Council on Environmental Quality (CEQ) NEPA implementing
regulations, and the National Historic Preservation Act (NHPA),
evaluating the potential environmental consequences of permitting the
replacement of the existing BNSF Railway Bridge across the Missouri
River between the cities of Bismarck and Mandan, ND, or constructing a
bridge adjacent to the existing bridge. The applicant proposes to
remove the existing structure, which is eligible for listing on the
National Register of Historic Places. The Coast Guard is analyzing
proposed alternatives, through the NEPA and NHPA processes, to
construct the new bridge while retaining the existing bridge. The Coast
Guard is making the draft EIS available for public review and requests
public comments. Additionally, the Coast Guard intends to host a
virtual public meeting to provide additional information to the public
and to solicit comments on potential issues and concerns.

DATES: Substantive and relevant comments must be submitted to the
online docket via https://www.regulations.gov/ on or before July 22,
2021.

ADDRESSES: You may submit substantive and relevant comments identified
by docket number USCG-2019-0882 using the Federal eRulemaking Portal at
https://www.regulations.gov/. See the ``Public Participation and
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section
for further instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Rob McCaskey, Coast Guard District
Eight Project Officer,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

    BNSF Railway Company owns and operates the existing bridge that
crosses the Missouri River between the cities of Mandan, and Bismarck,
North Dakota. With bridge components over 130 years old, the in-place
structure is approaching the end of its useful service life. The
structure has a history of exposure to ice jams and its substructure
configuration renders it potentially susceptible to scour events which
remove sediment from around the bridge abutments and piers. Although
currently stable, the structure has experienced structural issues at
both approaches in the past, resulting in unanticipated substructure
movements. Since the bridge's original construction in 1882, the east
hill slope has begun to move which resulted in the slope moving the
pier west towards the river. Multiple remediation efforts to correct
the pier damage and slope movement took place from the early 1900s to
the mid-1950s. The purpose of the project is to construct a new,
independent bridge across the Missouri River upstream of the in-place
structure. The new structure will provide a significant improvement in
operational reliability and safety, and will provide enhanced
structural redundancy thereby making it less susceptible to damage. As
the current structure is over 130 years old, it requires substantial
inspection and maintenance, which are disruptive to rail service. The
new structure will be a single-track bridge but have the capability to
carry a second track in the future when and if volumes necessitate that
addition.
    The BNSF Bismarck Bridge was constructed with similar methods in
the same era as the Brooklyn Bridge. It is an iconic landmark that
predates official North Dakota statehood by 6 years. The bridge is
eligible for listing in the National Register of Historic Places for
its association with broad patterns of railroad, commercial and
military history of the United States. Because of these attributes,
certain interest groups have expressed a desire to preserve the
existing bridge.
    The federal bridge statutes, including the General Bridge Act of
1946 (33 U.S.C. 525 et seq.), require that the location and plans of
bridges in or over navigable waters of the United States be approved by
the Secretary of Homeland Security, who has delegated that
responsibility to the Coast Guard. The Missouri River is a navigable
water of the United States as defined in 33 CFR 2.36(a). The Coast
Guard's primary responsibility regarding BNSF's proposed railroad
bridge is to ensure the structure does not unreasonably obstruct
navigation. In exercising these bridge authorities, the Coast Guard
considers navigational and environmental impacts, which include
historic and tribal effects.
    The Coast Guard is the lead federal agency for this project and, as
such, is responsible for the review of its potential effects on the
human environment, including historic properties and tribal impacts,
pursuant to NEPA and NHPA. The Coast Guard is, therefore, required by
law to ensure potential environmental effects are carefully evaluated
in each bridge permitting decision.
    The four alternatives considered for the proposed project include
different span lengths and different distances from the current bridge.
Specifically, the alternatives include:
     Building a new bridge with 200-foot spans and piers 92.5
feet upstream of the existing bridge (alternative considered keeping
the existing bridge and removing the existing bridge).
     Building a new bridge with 400-foot spans and piers 92.5
feet upstream of

the existing bridge (alternative considered keeping the existing bridge
and removing the existing bridge).
     Building a new bridge with 200-foot spans and piers 42.5
feet upstream of the existing bridge (alternative considered keeping
the existing bridge and removing the existing bridge).
     Building a new bridge with 200-foot spans and piers 20
feet upstream of the existing bridge and removing the existing bridge
(BNSF Preferred Design).
    The alternatives were developed to meet the purpose and need of the
project, which is to provide BNSF Railway with a new bridge that can
accommodate two tracks at a future date should a second track become
needed. There are specific constraints in the area that must be taken
into consideration as designs are evaluated. For example, the bridge is
close to the Missouri River Natural Area, which is a federally funded
park managed by the North Dakota Parks and Recreation Department in
cooperation with the North Dakota Department of Transportation, Morton
County Parks, and the City of Mandan. The Missouri River Natural Area
is the home to many species, including bald eagles, fox, deer and owls.
Likewise, the bridge is in close proximity to the Bismarck Reservoir,
which is a major source of drinking water for residents of the area and
is located in an area with a history of significant slope stability
issues.
    As part of this evaluation process, the Coast Guard solicits
substantive and relevant comments from the public, and any Federal,
State, and local agencies with expertise in, and authority over,
particular resources that may be impacted by a project. Additionally,
the Coast Guard seeks input from any tribes that may be affected or
otherwise have expertise or equities in the project. Agencies that have
already participated in the environmental review of this Project
include the U.S. Army Corps of Engineers (USACE), the U.S. Fish and
Wildlife Service (USFWS), the U.S. Federal Emergency Management Agency
(FEMA), the North Dakota State Historic Preservation Office (SHPO) and
the Advisory Council on Historic Preservation (ACHP).

II. Discussion

    The Coast Guard developed a draft EIS that addresses impacts
associated with the alternatives mentioned in Section I above. These
impacts include those environmental control laws listed in the Coast
Guard's Bridge Permit Application Guide (available at https://www.dco.uscg.mil/Portals/9/DCO%20Documents/5pw/Office%20of%20Bridge%20Programs/BPAG%20COMDTPUB%20P16591%203D_Sequential%20Clearance%20Final(July2016).p
df), as well as those impacts associated with floodplain rise, impacts
to the Bismarck Water Reservoir and the Missouri River Natural Area.
    On January 15, 2021, a Programmatic Agreement in accordance with
Section 106 of the NHPA was signed to address the adverse effect on the
historic bridge. To date, the Coast Guard has held 16 consultation
meetings with stakeholders to develop the Final Programmatic Agreement.
The Coast Guard is currently working with consulting parties to develop
a Memorandum of Agreement, which will act as an implementation plan for
the Programmatic Agreement. The Programmatic Agreement is available in
the appendix of the draft EIS.
    We request your substantive and relevant comments on environmental
concerns that you may have related to the draft EIS. Your comments will
be considered in preparing a final environmental document.

III. Public Participation and Comments

    We encourage you to submit substantive and relevant comments (or
related material) on the draft Environmental Impact Statement. We will
consider all substantive and relevant submissions and may adjust our
final action based on your comments. If you submit a comment, please
include the docket number for this notice, indicate the specific
section of this document to which each comment applies, and provide a
reason for each suggestion or recommendation.
    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. The draft EIS and public comments will be available in
our online docket at http://www.regulations.gov/ and can be viewed by
following that website's instructions.
    We accept anonymous comments. All substantive and relevant comments
received will be posted without change to http://www.regulations.gov/
and will include any personal information you have provided. For more
information about privacy and submissions to the docket in response to
this document, see DHS's eRulemaking System of Records notice (85 FR
14226, March 11, 2020).

IV. Virtual Public Meeting

    Due to the ongoing COVID-19 pandemic, the Coast Guard intends to
hold a virtual public meeting to receive oral and written comments on
this draft EIS. The meeting will be held on June 30, 2021 from 6:00-
9:00 p.m. (Central), and can be accessed online at https://ch2m-pge.my.webex.com/ch2m-pge.my/j.php?MTID=m45e9e9fb750989eb89f8bf260630b06c. Attendees may also join
by phone. The call-in number is 1-510-338-9438 (USA toll) and the
access code is<PHONE_NUMBER>. The meeting is expected to last
approximately 3 hours.
    The virtual meeting is open to the public. Those who plan to attend
the meeting and wish to present substantive and relevant comments may
request to do so through the online docket at http://www.regulations.gov, and will be called in order of requests received.
Attendees who have not previously made a request to present comments
will follow those who have already submitted a request, as time
permits. If a large number of persons wish to speak, the presiding
officer may be required to limit the time allotted to each speaker. It
is requested that one member from a group speak on behalf of that group
in order to allow more views to be presented. The public meeting may
end early if all present wishing to speak have done so.
    A transcript of the meeting will be made available for public
review approximately 30 days after the meeting. All substantive and
relevant comments will be incorporated into the official case record.
    Information on Service for Individuals With Disabilities: For
information on services for individuals with disabilities or to request
special assistance during the public meeting contact Mr. Rob McCaskey
at the telephone number under the FOR FURTHER INFORMATION CONTACT
section of this notice.
    This notice is issued under the authority of 5 U.S.C. 552 (a) and
40 CFR 1506.6.

    Dated: June 1, 2021.
Brian L. Dunn,
Chief, U.S. Coast Guard, Office of Bridge Programs.
[FR Doc. 2021-11801 Filed 6-4-21; 8:45 am]
BILLING CODE P


[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)]
[Notices]
[Pages 26593-26595]
[FR Doc No: 2015-11059]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74865; File No. SR-NYSEARCA-2015-34]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending the Fees
for NYSE Arca Integrated Feed To Add a Late Fee In Connection With
Failure To Submit the Non-Display Use Declaration

May 4, 2015.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on April 24, 2015, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the fees for NYSE Arca Integrated
Feed to add a late fee in connection with failure to submit the non-
display use declaration, operative on May 1, 2015. The text of the
proposed rule change is available on the Exchange's Web site at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 the fees for NYSE Arca Integrated
Feed, as set forth on the NYSE Arca Equities Proprietary Market Data
Fee Schedule (``Fee Schedule''), to add a late fee in connection with
failure to submit an updated non-display use declaration. The proposed
change to the Fee Schedule would be operative on May 1, 2015.
    The Exchange established the current fees for non-display services
for NYSE Arca Integrated Feed in April 2013 and amended those fees in
September 2014.\4\ The 2013 Non-Display Filing established a
requirement that data recipients that receive real-time NYSE Arca
market data subject to Non-Display Use fees submit a declaration with
respect to their use of non-display data.\5\ In connection with the fee
changes in the 2014 Non-Display Filing, the Exchange required data
recipients that receive real-time NYSE Arca market data subject to Non-
Display Use fees to complete and submit an updated Non-Display Use
Declaration by September 1, 2014.\6\ The 2014 Non-Display Filing also
established that data recipients are required to submit an updated
annual Non-Display Use Declaration by January 31st of each year
beginning in 2016. In addition, if a data recipient's use of real-time
NYSE Arca market data changes at any time after the data recipient
submits a Non-Display Use Declaration, the data recipient must inform
the Exchange of the change by completing and submitting at the time of
the change an updated declaration reflecting the change of use.
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    \4\ See Securities Exchange Act Release Nos. 69315 (Apr. 5,
2013), 78 FR 21668 (Apr. 11, 2013) (SR-NYSEArca-2013-37) (``2013
Non-Display Filing'') and 73011 (Sept. 5, 2014), 79 FR 54315 (Sept.
11, 2014) (SR-NYSEArca-2014-93) (``2014 Non-Display Filing'').
    \5\ The non-display fee structure established in the 2013 Non-
Display Filing replaced a monthly reporting obligation with respect
to non-display devices with the requirement to submit the non-
display use declaration. The Exchange also notes that if a data
recipient only subscribes to products for which there are no non-
display usage fees, e.g., NYSE Arca Realtime Reference Prices, then
no declaration is required.
    \6\ The current form of the Non-Display Use Declaration
reflected the changes to the non-display fees set forth in the 2014
Non-Display Filing and replaced the NYSE Euronext Non-Display Use
Declaration established in connection with the 2013 Non-Display
Filing.
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    The Exchange notes that if a data recipient does not timely submit
a Non-Display Use Declaration, the Exchange does not have up-to-date
information about the data recipient's data use and therefore may not
be charging the correct fees to the data recipient. In order to
correctly assess fees for the non-display use of NYSE Arca Integrated
Feed, the Exchange needs to have current and accurate information about
the use of NYSE Arca Integrated Feed. The failure of data recipients to
submit the Non-Display Use Declaration on time leads to potentially
incorrect billing and administrative burdens, including tracking and
obtaining late Non-Display Use Declarations and correcting customer
records in connection with late Non-Display Use Declarations. The
purpose of the proposed late fee is to incent data recipients to submit
the Non-Display Use Declaration promptly to avoid the administrative
burdens associated with the late submission of Non-Display Use
Declarations.
    The Exchange proposes to establish a Non-Display Declaration Late
Fee of $1,000 per month. The proposed fee would be charged to any data
recipient that pays an Access Fee for NYSE Arca Integrated Feed that
has failed to timely complete and submit a Non-Display Use Declaration.
    With respect to the Non-Display Use Declaration that was due by
September 1, 2014, the Non-Display Declaration Late Fee would apply to
NYSE Arca Integrated Feed data recipients that have not submitted the
Non-Display Use Declaration by June 30, 2015, and would apply beginning
July 1, 2015 and for each month thereafter until the data recipient has
completed and submitted the Non-Display Use Declaration. With respect
to the annual Non-Display Use Declaration due by January 31st of each
year beginning in 2016, the Non-Display Declaration Late Fee would
apply to data recipients that fail to complete and submit the annual
Non-Display Use Declaration by the January 31st due date, and would
apply beginning February 1st and for each month thereafter until the
data recipient has completed and submitted the annual Non-Display Use
Declaration.\7\ A Non-Display Use Declaration that is clearly
incomplete would not be considered to have been completed and submitted
to the Exchange on time.
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    \7\ The Exchange will be proposing to establish the Non-Display
Declaration Late Fee with respect to each Market Data product on the
Fee Schedule that includes Non-Display Fees.
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    In addition to adding the Non-Display Declaration Late Fee for NYSE
Arca Integrated Feed to the Fee Schedule, the Exchange proposes to add
an endnote to the Fee Schedule that would specify the effective dates
for the Non-Display Declaration Late Fee as described above, and to
change the numbering for the existing endnotes as needed.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\8\ in general, and
Sections 6(b)(4) and 6(b)(5) of the Act,\9\ in particular, in that it
provides an equitable allocation of reasonable fees among users and
recipients of the data and is not designed to permit unfair
discrimination among customers, issuers, and brokers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4), (5).
---------------------------------------------------------------------------

    The Exchange believes that it is reasonable to impose a late fee in
connection with the submission of the Non-Display Use Declaration. In
order to correctly assess fees for the non-display use of NYSE Arca
Integrated Feed, the Exchange needs to have current and accurate
information about the use of NYSE Arca Integrated Feed. The failure of
data recipients to submit the Non-Display Use Declaration on time leads
to potentially incorrect billing and administrative burdens, including
tracking and obtaining late Non-Display Use Declarations and correcting
and following up on payments owed in connection with late Non-Display
Use Declarations. The purpose of the late fee is to incent data
recipients to submit the Non-Display Use Declaration promptly to avoid
the administrative burdens associated with the late submission of Non-
Display Use Declarations. The Non-Display Declaration Late Fee is
equitable and not unfairly discriminatory because it will apply to all
data recipients that choose to subscribe to the NYSE Arca Integrated
Feed.
    The Non-Display Declaration Late Fee is also consistent with
similar pricing adopted in 2013 by the Consolidated Tape Association
(``CTA'').\10\ The CTA imposes a monthly fee of $2,500 for each of
Network A and Network B for firms that fail to comply with their
reporting obligations in a timely manner.
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    \10\ See Securities Exchange Act Release No. 70010 (July 19,
2013), 78 FR 44984 (July 25, 2013) (SR-CTA/CQ-2013-04).

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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. An exchange's ability to
price its proprietary market data feed products is constrained by
actual competition for the sale of proprietary market data products,
the joint product nature of exchange platforms, and the existence of
alternatives to the Exchange's proprietary data. In addition to being
able to choose which proprietary data products (if any) to use and how
to use them, a user can avoid the late fees that are the subject of
this filing entirely by simply complying with the requisite deadlines.
    In setting the proposed fees, the Exchange considered the
competitiveness of the market for proprietary data and all of the
implications of that competition. The Exchange believes that it has
considered all relevant factors and has not considered irrelevant
factors in order to establish fair, reasonable, and not unreasonably
discriminatory fees and an equitable allocation of fees among all
users. The existence of fierce competition to sell proprietary data
products and for order flow, as well as numerous alternatives to the
Exchange's products, including proprietary data from other sources,
ensures that the Exchange cannot set unreasonable fees, or fees that
are unreasonably discriminatory, when vendors and subscribers can elect
these alternatives or choose not to purchase a specific proprietary
data product if the attendant fees are not justified by the returns
that any particular vendor or data recipient would achieve through the
purchase (the returns on use being a particularly important aspect of
non-display uses of proprietary data).

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \11\ of the Act and subparagraph (f)(2) of Rule
19b-4 \12\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \13\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NYSEARCA-2015-34 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-NYSEARCA-2015-34. This
file number should be included on the subject line if email is used.
    To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street NE., Washington, DC 20549, on official business days between the
hours of 10:00 a.m. and 3:00 p.m. Copies of the filing will also be
available for inspection and copying at the NYSE's principal office and
on its Internet Web site at 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 available publicly. All submissions
should refer to File Number SR-NYSEARCA-2015-34, and should be
submitted on or before May 29, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

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

Brent J. Fields,
 Secretary.
[FR Doc. 2015-11059 Filed 5-7-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 116 (Thursday, June 16, 2022)]
[Notices]
[Pages 36376-36377]
[FR Doc No: 2022-12981]

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DEPARTMENT OF TRANSPORTATION

Bureau of Transportation Statistics

[Docket Number DOT-OST-2017-0043]

Agency Information Collection Activity; Continue To Collect
Information: Oil and Gas Industry Safety Data Program

AGENCY: Office of the Assistant Secretary for Research and Technology
(OST-R), Bureau of Transportation Statistics (BTS), U.S. Department of
Transportation.

ACTION: 30-Day notice.

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

SUMMARY: On October 21, 2021, the Bureau of Transportation Statistics
(BTS) announced its intention in a Federal Register Notice to request
that the Office of Management and Budget (OMB) approve the following
information collection: Voluntary Oil and Gas Industry Safety Data
Program. The Oil and Gas Industry Safety Data (ISD) program, is a
component of BTS's SafeOCS data sharing framework, that provides a
trusted, proactive means for the oil and gas industry to report
sensitive and proprietary safety information, and to identify early
warnings of safety problems and potential issues by uncovering hidden,
at-risk conditions not previously exposed through analysis of
reportable accidents and incidents. The ISD identifies a broader range
of data categories to ensure safe performance and appropriate risk
management, which adds a learning component to assist the oil and gas
industry in achieving improved safety performance.

DATES: Written comments should be submitted by July 18, 2022.

ADDRESSES: BTS seeks public comments on its proposed information
collection. Comments should address whether the information will have
practical utility; the accuracy of the estimated burden hours of the
proposed information collection's ways to enhance the quality, utility
and clarity of the information to be collected; and ways to minimize
the burden of the collection of information on respondents, including
the use of automated collection techniques or other forms of
information technology. Send comments to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725-17th Street
NW, Washington, DC 20503, Attention: BTS Desk Officer.

FOR FURTHER INFORMATION CONTACT: Demetra V. Collia, Bureau of
Transportation Statistics, Office of the Assistant Secretary for
Research and Technology, U.S. Department of Transportation, Office of
Safety Data and Analysis (OSDA), RTS-34, E36-302, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001; Phone No.<PHONE_NUMBER>; Fax No.
(202) 366-3383; email: [email protected]. Office hours are from
8:30 a.m. to 5 p.m., EST, Monday through Friday, except Federal
holidays.
    Data Confidentiality Provisions: The confidentiality of oil and gas
industry safety data information submitted to BTS is protected under
the BTS confidentiality statute (49 U.S.C. 6307) and the Confidential
Information Protection and Statistical Efficiency Act (CIPSEA) of 2018;
(Pub. L.: 115-435 Foundations for Evidence-Based Policymaking Act of
2018, Title III.)
    In accordance with these confidentiality statutes, only statistical
(aggregated) and non-identifying data will be made publicly available
by BTS through its reports. BTS will not release to the Bureau of
Safety and Environmental Enforcement (BSEE), or to any other public or
private entity, any information that might reveal the identity of
individuals or organizations mentioned in failure notices or reports
without explicit consent of the respondent and any other affected
entities.

SUPPLEMENTARY INFORMATION:

I. The Data Collection

    The Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35; as
amended) and 5 CFR part 1320 require each Federal agency to obtain OMB
approval to initiate an information collection activity. BTS is seeking
OMB approval for the following BTS information collection activity:
    Title: Oil and Gas Industry Safety Data (ISD) Program.
    OMB Control Number: TBD.
    Type of Review: Approval to Continue to Collect.
    Respondent: Oil and Gas industry companies involved in the
exploration and/or productions working in the Gulf of Mexico (GOM).
    Number of Potential Responses: 100.
    Estimated Time per Response: 4 hours per data file.
    Frequency: Annual.
    Total Annual Burden: 400 hours.

II. Public Participation and Request for Public Comments

    On October 21, 2021, BTS published a Notice (86 FR 58391)
encouraging interested parties to submit comments to Document Number
2021-22280 and allowing for a 60-day comment period. The comment period
closed on December 20, 2021. There were no comments. To view the
Notice, go to http://www.regulations.gov and insert the Document Number
2021-22280 in the ``search'' box and click ``Search.'' Next click
``Open Docket Folder'' button and choose document listed to review. If
you do not have access to the internet, you may view the docket by
visiting the Docket Management Facility in Room Wl 2-140 on the ground
floor of the DOT West Building, 1200 New Jersey Ave. SE, Washington, DC
20590, between 9 a.m. and 5 p.m. Monday through Friday, except Federal
holidays.

Privacy Act

    All comments the BTS received were posted without change to http://www.regulations.gov. Anyone may search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.) You
may review DOT's complete Privacy Act Statement in the Federal Register
published on January 17, 2008 (73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf).

III. Discussion of Public Comments and BTS Responses

    On October 21, 2021, BTS announced in a Federal Register Notice (86
FR 58391) its intention to request that OMB approve the continued
collection of safety data from the oil and gas industry for the ISD
Program. BTS received no comments during the 60-day public comment
period.

Demetra Collia,
Director, Office of Safety Data and Analysis, Office of the Assistant
Secretary for Research and Technology, U.S. Department of
Transportation.
[FR Doc. 2022-12981 Filed 6-15-22; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 77, Number 90 (Wednesday, May 9, 2012)]
[Rules and Regulations]
[Page 27115]
[FR Doc No: 2012-11195]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0371]

Drawbridge Operation Regulations; Raritan River, Perth Amboy, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulations governing the operation of the
New Jersey Transit Rail Operations (NJTRO) Bridge, across the Raritan
River, mile 0.5, at Perth Amboy, New Jersey. Under this temporary
deviation the draw may remain in the closed position for four days to
facilitate mechanical maintenance. Vessels that can pass under the draw
without an opening may do so at all times. This deviation is necessary
to facilitate scheduled bridge maintenance.

DATES: This deviation is effective from 9 a.m. on July 11, 2012 through
5 p.m. on July 21, 2012.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2012-0371 and are available online
at www.regulations.gov. They are also available for inspection or
copying at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Joe Arca, Project Officer, First Coast Guard
District, at<PHONE_NUMBER><EMAIL_ADDRESS>If you have questions
on viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NJTRO Bridge, across the Raritan River,
mile 0.5, at Perth Amboy, New Jersey, has a vertical clearance in the
closed position of 8 feet at mean high water and 13 feet at mean low
water. The existing regulations are listed at 33 CFR 117.747.
    The owner of the bridge, NJTRO, requested a temporary deviation to
facilitate scheduled mechanical maintenance at the bridge. In order to
perform the bridge maintenance the bridge must remain in the closed
position.
    The waterway users are mostly commercial with some recreational
users. The Coast Guard contacted all known commercial waterway users
regarding this scheduled maintenance and no objections were received.
    Under this temporary deviation the NJTRO Bridge across the Raritan
River, mile 0.5, at Perth Amboy, New Jersey, need not open for the
passage of vessel traffic between 9 a.m. on July 11, 2012 through 5
p.m. on July 14, 2012. In the event inclement weather prevents the
bridge maintenance from being performed on the above dates then the
alternate date may be used beginning at 9 a.m. on July 18, 2012 and
continuing through 5 p.m. on July 21, 2012.
    Vessels that can pass under the draw without a bridge opening may
do so at all times.
    In accordance with 33 CFR 117.35(e), the bridge must return to its
regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: April 30, 2012.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. 2012-11195 Filed 5-8-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 102 (Friday, May 28, 2021)]
[Notices]
[Pages 28826-28827]
[FR Doc No: 2021-11361]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG21-157-000.
    Applicants: Hanwha Q CELLS USA Corp.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Hanwha Q Cells USA Corp.
    Filed Date: 5/21/21.
    Accession Number: 20210521-5266.
    Comments Due: 5 p.m. ET 6/11/21.

    Docket Numbers: EG21-158-000.
    Applicants: Assembly Solar III, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Assembly Solar III, LLC.
    Filed Date: 5/14/21.
    Accession Number: 20210514-5221.
    Comments Due: 5 p.m. ET 6/4/21.

    Docket Numbers: EG21-159-000.
    Applicants: Point Beach Solar, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Point Beach Solar, LLC.
    Filed Date: 5/24/21.
    Accession Number: 20210524-5080.
    Comments Due: 5 p.m. ET 6/14/21.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2834-007; ER10-2821-007; ER12-1329-007; ER17-
1438-002; ER17-2056-001; ER20-173-001.
    Applicants: Munnsville Wind Farm, LLC, Radford's Run Wind Farm,
LLC, RWE Renewables Energy Marketing, LLC, RWE Renewables O&M, LLC,
Stony Creek Wind Farm, LLC, Wildcat Wind Farm I, LLC.
    Description: Response to April 21, 2021 Deficiency Letter of
Munnsville Wind Farm, LLC, et al.
    Filed Date: 5/21/21.
    Accession Number: 20210521-5267.
    Comments Due: 5 p.m. ET 6/11/21.

    Docket Numbers: ER15-697-003.
    Applicants: Tonopah Solar Energy, LLC.
    Description: Notice of Non-Material Change in Status of Tonopah
Solar Energy, LLC.
    Filed Date: 5/21/21.
    Accession Number: 20210521-5269.
    Comments Due: 5 p.m. ET 6/11/21.

    Docket Numbers: ER21-90-002.
    Applicants: Sun Streams 2, LLC.
    Description: Notice of Non-Material Change in Status of Sun Streams
2, LLC.
    Filed Date: 5/24/21.
    Accession Number: 20210524-5082.
    Comments Due: 5 p.m. ET 6/14/21.

    Docket Numbers: ER21-471-002.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2021-05-24_SA 3576 Compliance for
MDU-Emmons Logan Wind FSA (J302 J503) to be effective 1/24/2021.
    Filed Date: 5/24/21.
    Accession Number: 20210524-5118.
    Comments Due: 5 p.m. ET 6/14/21.

    Docket Numbers: ER21-772-001.
    Applicants: Resi Station, LLC.
    Description: Tariff Amendment: Amendment to 1 to be effective 12/
31/2020.
    Filed Date: 5/24/21.
    Accession Number: 20210524-5162.
    Comments Due: 5 p.m. ET 6/14/21.

    Docket Numbers: ER21-1978-000.
    Applicants: Entergy Nuclear Indian Point 3, LLC.
    Description: Tariff Cancellation: Entergy Nuclear Indian Point 3,
LLC to be effective 5/22/2021.
    Filed Date: 5/21/21.
    Accession Number: 20210521-5225.
    Comments Due: 5 p.m. ET 6/11/21.

    Docket Numbers: ER21-1979-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 2825R9 KMEA and Evergy
Kansas Central Meter Agent Agreement to be effective 6/1/2021.
    Filed Date: 5/24/21.
    Accession Number: 20210524-5037.
    Comments Due: 5 p.m. ET 6/14/21.

    Docket Numbers: ER21-1980-000.
    Applicants: Mid-Atlantic Interstate Transmission, LLC, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: MAIT submits ECSA, SA No.
5950 to be effective 7/24/2021.

    Filed Date: 5/24/21.
    Accession Number: 20210524-5038.
    Comments Due: 5 p.m. ET 6/14/21.

    Docket Numbers: ER21-1981-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 2855R6 KMEA and Evergy Metro
Meter Agent Agreement to be effective 6/1/2021.
    Filed Date: 5/24/21.
    Accession Number: 20210524-5039.
    Comments Due: 5 p.m. ET 6/14/21.

    Docket Numbers: ER21-1982-000.
    Applicants: American Transmission Systems, Incorporated, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: ATSI submits ECSAs, SA Nos.
5941, 5942, and 5949 to be effective 7/24/2021.
    Filed Date: 5/24/21.
    Accession Number: 20210524-5042.
    Comments Due: 5 p.m. ET 6/14/21.

    Docket Numbers: ER21-1983-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2021-05-21_SA 3387 ATXI-
Prairie Wolf Solar 1st GIA (J949) to be effective 5/7/2021.
    Filed Date: 5/24/21.
    Accession Number: 20210524-5047.
    Comments Due: 5 p.m. ET 6/14/21.

    Docket Numbers: ER21-1984-000.
    Applicants: Tampa Electric Company.
    Description: Sec.  205(d) Rate Filing: Emergency Interchange
Service Schedule A&B-2021 to be effective 5/1/2021.
    Filed Date: 5/24/21.
    Accession Number: 20210524-5067.
    Comments Due: 5 p.m. ET 6/14/21.

    Docket Numbers: ER21-1985-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2021-05-24_SA 3622 NIPSCO-
ComEd Certificate of Concurrence to be effective 4/2/2021.
    Filed Date: 5/24/21.
    Accession Number: 20210524-5077.
    Comments Due: 5 p.m. ET 6/14/21.

    Docket Numbers: ER21-1986-000.
    Applicants: PacifiCorp.
    Description: Tariff Cancellation: Termination of BPA Metering
Agreement--WEID to be effective 7/28/2021.
    Filed Date: 5/24/21.
    Accession Number: 20210524-5088.
    Comments Due: 5 p.m. ET 6/14/21.

    Docket Numbers: ER21-1987-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revisions to Sch. 12-Appx A:
April 2021 RTEP, 30-day Comment Period Requested to be effective 8/22/
2021.
    Filed Date: 5/24/21.
    Accession Number: 20210524-5091.
    Comments Due: 5 p.m. ET 6/14/21.

    Docket Numbers: ER21-1988-000.
    Applicants: SP Garland Solar Storage, LLC.
    Description: Baseline eTariff Filing: Application for MBR Authority
and Initial Baseline Tariff Filing to be effective 5/31/2021.
    Filed Date: 5/24/21.
    Accession Number: 20210524-5098.
    Comments Due: 5 p.m. ET 6/14/21.

    Docket Numbers: ER21-1988-001.
    Applicants: SP Garland Solar Storage, LLC.
    Description: Tariff Amendment: Amendment to MBR Authority
Application and Initial Baseline Tariff Filing to be effective 5/31/
2021.
    Filed Date: 5/24/21.
    Accession Number: 20210524-5144.
    Comments Due: 5 p.m. ET 6/14/21.

    Docket Numbers: ER21-1989-000.
    Applicants: SP Tranquillity Solar Storage, LLC.
    Description: Baseline eTariff Filing: Application for MBR Authority
and Initial Baseline Tariff Filing to be effective 5/31/2021.
    Filed Date: 5/24/21.
    Accession Number: 20210524-5100.
    Comments Due: 5 p.m. ET 6/14/21.

    Docket Numbers: ER21-1989-001.
    Applicants: SP Tranquillity Solar Storage, LLC.
    Description: Tariff Amendment: Amendment to MBR Authority
Application and Initial Baseline Tariff Filing to be effective 5/31/
2021.
    Filed Date: 5/24/21.
    Accession Number: 20210524-5147.
    Comments Due: 5 p.m. ET 6/14/21.

    Docket Numbers: ER21-1990-000.
    Applicants: Blackwell Wind Energy, LLC.
    Description: Baseline eTariff Filing: Blackwell Wind Energy, LLC
Application for MBR Authorization to be effective 7/24/2021.
    Filed Date: 5/24/21.
    Accession Number: 20210524-5112.
    Comments Due: 5 p.m. ET 6/14/21.

    Docket Numbers: ER21-1991-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 2881R12 City of Chanute, KS
NITSA NOA to be effective 1/1/2021.
    Filed Date: 5/24/21.
    Accession Number: 20210524-5126.
    Comments Due: 5 p.m. ET 6/14/21.

    Docket Numbers: ER21-1992-000.
    Applicants: Midcontinent Independent System Operator, Inc.,
Michigan Electric Transmission Company, LLC, Wolverine Power Supply
Cooperative, Inc., Consumers Energy Company, Michigan Public Power
Agency.
    Description: Sec.  205(d) Rate Filing: 2021-05-24_MI JPZ RAA and
Settlement Agreement Filing to be effective 6/1/2021.
    Filed Date: 5/24/21.
    Accession Number: 20210524-5156.
    Comments Due: 5 p.m. ET 6/14/21.

    Take notice that the Commission received the following qualifying
facility filings:

    Docket Numbers: QF97-48-006.
    Applicants: Vicinity Energy Kansas City, Inc.
    Description: Form 556 of Vicinity Energy Kansas City, Inc.
    Filed Date: 5/24/21.
    Accession Number: 20210524-5072.
    Comments Due: 5 p.m. ET 6/14/21.

    Take notice that the Commission received the following PURPA
210(m)(3) filings:

    Docket Numbers: QM21-21-000.
    Applicants: Big Rivers Electric Corporation.
    Description: Application of Big Rivers Electric Corporation to
Terminate Mandatory Purchase Obligation under the Public Utility
Regulatory Policies Act of 1978.
    Filed Date: 5/21/21.
    Accession Number: 20210521-5273.
    Comments Due: 5 p.m. ET 6/18/21.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 24, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-11361 Filed 5-27-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 223 (Monday, November 19, 2018)]
[Notices]
[Page 58244]
[FR Doc No: 2018-25176]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RC11-6-008]

North American Electric Reliability Corporation; Notice of Filing

    Take notice that on November 1, 2018, the North American Electric
Reliability Corporation submitted an annual report on Find, Fix, Track
and Report and Compliance Exception programs, in accordance with the
Federal Energy Regulatory Commission's (Commission) Orders.\1\
---------------------------------------------------------------------------

    \1\ North American Electric Reliability Corp, 143 FERC ] 61,253
(2013); North American Electric Reliability Corp, 148 FERC ] 61,214
(2014); North American Electric Reliability Corp, Docket No. RC11-6-
004 (Nov. 13, 2015) (delegated letter order).
---------------------------------------------------------------------------

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the website that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
[email protected], or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on November 28, 2018.

    Dated: November 13, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-25176 Filed 11-16-18; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 146 (Wednesday, July 29, 2020)]
[Rules and Regulations]
[Pages 45521-45523]
[FR Doc No: 2020-16367]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0444]
RIN 1625-AA87

Security Zone; North Atlantic Ocean, Approaches to Ocean City, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary security zone
encompassing certain waters of the North Atlantic Ocean. The security
zone is necessary to prevent waterside threats before, during, and
after National Geospatial-Intelligence Agency equipment testing
conducted offshore near Ocean City, MD. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port Maryland-National Capital Region or his designated
representative.

DATES: This rule is effective without actual notice from July 29, 2020
through 9:30 p.m. on August 28, 2020. For the purposes of enforcement,
actual notice will be used from 9 a.m. on July 27, 2020, through July
29, 2020.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0444 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ron Houck, Sector Maryland-National Capital Region
Waterways Management Division, U.S. Coast Guard; telephone 410-576-
2674<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5

U.S.C. 553(b)). This provision authorizes an agency to issue a rule
without prior notice and opportunity to comment when the agency for
good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Under 5 U.S.C.
553(b)(B), the Coast Guard finds that good cause exists for not
publishing a notice of proposed rulemaking (NPRM) with respect to this
rule because it would be impracticable and contrary to the public
interest. The Coast Guard was unable to publish an NPRM and hold a
comment period for this rulemaking due to the short time period between
event planners notifying the Coast Guard of the event and required
publication of this security zone. It is necessary for the Coast Guard
to establish this security zone by July 27, 2020, in order to ensure
the appropriate level of waterborne protection for the public,
mitigation of potential terrorist acts, and enhancing maritime safety
and security in order to safeguard life, property, and the environment.
    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. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
for the same reasons discussed above for forgoing notice and comment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP Maryland-National Capital
Region has determined that a security zone is needed for waterborne
protection of the public, mitigation of potential terrorist acts, and
the enhancing of public and maritime safety and security in order to
safeguard life, property, and the environment on or near the navigable
waters near Ocean City, MD.

IV. Discussion of the Rule

    This rule establishes a security zone from 9 a.m. on July 27, 2020,
through 9:30 p.m. on August 28, 2020. The security zone will be
enforced from 9 a.m. to 9:30 p.m. on July 27, 2020, and those same
hours on July 28, 2020, July 29, 2020, July 30, 2020, July 31, 2020,
August 24, 2020, August 25, 2020, August 26, 2020, August 27, 2020, and
August 28, 2020. The security zone will cover all waters of the North
Atlantic Ocean, from surface to bottom, encompassed by a line
connecting the following points beginning at 38[deg]23'56'' N,
074[deg]48'06'' W, thence south to 38[deg]21'40'' N, 074[deg]48'33'' W,
thence south to 38[deg]17'54'' N, 074[deg]49'57'' W, thence southwest
to 38[deg]15'04'' N, 074[deg]51'44'' W, thence northwest to
38[deg]18'52'' N, 074[deg]54'24'' W, thence north to 38[deg]22'55'' N,
074[deg]52'44'' W, and northeast back to the beginning point. The zone
is approximately 9.3 nautical miles yards in length and 3.6 nautical
miles yards in width. If a person or vessel has been granted permission
to enter the zone, while they are operating in the zone that they must
not enter waters within 1,000 yards of the on scene Coast Guard vessel
or test equipment being used by Coast Guard personnel.
    The duration of the rule and enforcement of the zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters while the Coast Guard vessel and test equipment are
being used. All vessels and persons must obtain permission from the
COTP Maryland-National Capital Region or his designated representative
before entering the security zone. Equipment testing operations may
occur anywhere within the security zone during the enforcement periods.
Vessels and persons will not be permitted to enter the security zone
within 1,000 yards of the Coast Guard vessel or test equipment. While
this 1,00- yards area lies within the security zone, its exact location
within the security zone may change.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the location and
duration of the security zone. This security zone will be enforced 125
hours over the course of a one month period. Vessels will be able to
safely transit around the security zone, which impacts a small area of
the North Atlantic Ocean, where vessel traffic is normally low.
Additionally, the Coast Guard will make notifications to the maritime
community via marine information broadcasts. The Coast Guard will
update such notifications as necessary to keep the maritime community
informed of the status of the security zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the

Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
security zone lasting only 125 total enforcement hours that will
prohibit entry within a small portion of the North Atlantic Ocean. It
is categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T05-0444 to read as follows:

Sec.  165.T05-0444   Security Zone; North Atlantic Ocean, Approaches to
Ocean City, MD.

    (a) Location. The following is a security zone: All waters of the
North Atlantic Ocean, from surface to bottom, encompassed by a line
connecting the following points beginning at 38[deg]23'56'' N,
074[deg]48'06'' W, thence south to 38[deg]21'40'' N, 074[deg]48'33'' W,
thence south to 38[deg]17'54'' N, 074[deg]49'57'' W, thence southwest
to 38[deg]15'04'' N, 074[deg]51'44'' W, thence northwest to
38[deg]18'52'' N, 074[deg]54'24'' W, thence north to 38[deg]22'55'' N,
074[deg]52'44'' W, and northeast back to the beginning point. All
coordinates are based on datum NAD 83.
    (b) Definitions. As used in this section--
    Captain of the Port (COTP) means the Commander, U.S. Coast Guard
Sector Maryland-National Capital Region.
    Designated representative means the Coast Guard commissioned,
warrant, or petty officer operating the on scene Coast Guard vessel
designated by or assisting the Captain of the Port Maryland-National
Capital Region (COTP) in the enforcement of the security zone.
    (c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security zone described
in paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter the security zone described in
paragraph (a) of this section, contact the COTP or the COTP's
representative by telephone at<PHONE_NUMBER> or on Marine Band Radio
VHF-FM channel 16 (156.8 MHz). The Coast Guard vessel enforcing this
section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8
MHz). Those in the security zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
    (3) A person or vessel operating in the security zone described in
paragraph (a)(1) of this section must not enter waters within 1,000
yards of the on scene Coast Guard vessel or test equipment being used
by Coast Guard personnel.
    (d) Enforcement periods. This section will be enforced 9 a.m. to
9:30 p.m. on July 27, 2020, and those same hours on July 28, 2020, July
29, 2020, July 30, 2020, and July 31, 2020, August 24, 2020, August 25,
2020, August 26, 2020, August 27, 2020, and August 28, 2020.

    Dated: July 23, 2020.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2020-16367 Filed 7-28-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 99 (Tuesday, May 25, 2021)]
[Notices]
[Page 28125]
[FR Doc No: 2021-11011]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4595-DR; Docket ID FEMA-2021-0001]

Kentucky; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Kentucky (FEMA-4595-DR), dated April 23, 2021,
and related determinations.

DATES: This amendment was issued May 14, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Commonwealth of Kentucky is hereby amended to include the
following area among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of April 23, 2021.

    Greenup County for Public Assistance.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2021-11011 Filed 5-24-21; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Rules and Regulations]
[Page 51737]
[FR Doc No: 2023-16655]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 169

[Docket No. USCG-2020-0107]
RIN 1625-AC51

Survival Craft Equipment-Update To Type Approval Requirements;
Correction

AGENCY: Coast Guard, DHS.

ACTION: Final rule; correcting amendment.

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

SUMMARY: The Coast Guard is correcting a final rule published in the
Federal Register on November 14, 2022. The final rule updated type
approval requirements for certain types of survival craft equipment.
The final rule had a typographical error in one of the sections. This
document corrects that error.

DATES: Effective August 4, 2023.

FOR FURTHER INFORMATION CONTACT: For information about this document
call or email Ms. Stephanie Groleau, Lifesaving & Fire Safety Division
(CG-ENG-4), Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION: On November 14, 2022, the Coast Guard
published a final rule titled ``Survival Craft Equipment-Update to Type
Approval Requirements'' at 87 FR 68270. The final rule updated type
approval requirements for certain types of survival craft equipment,
including hatchets. The final rule contained a spelling error in the
regulatory text of 46 CFR 169.527(c)(4) where ``Hatch'' was used
instead of ``Hatchet''. This document corrects that error and adopts
the correct spelling for Sec.  169.527(c)(4).
    We find good cause under provisions in 5 U.S.C. 553(d)(3) to make
this correction effective upon publication because delaying the
effective date is unnecessary and contrary to the public interest.
Waiting 30 days after publication to correct the error within the final
rule is unnecessary and contrary to the public's interest in having
access to accurate and current regulations. The November 14, 2022,
final rule preamble discussion indicated the changes were intended for
hatchets, but the spelling was inaccurate.

List of Subjects in 46 CFR Part 169

    Fire prevention, Incorporation by reference, Marine safety,
Reporting and recordkeeping requirements, Schools, Vessels.

    For the reasons stated in the preamble, the Coast Guard is
correcting 46 CFR part 169 with the following correcting amendment:

PART 169--SAILING SCHOOL VESSELS

0
1. The authority citation for part 169 continues to read as follows:

    Authority: 33 U.S.C. 1321(j); 46 U.S.C. 3306, 6101; E.O. 11735,
38 FR 21243, 3 CFR, 1971-1975 Comp., p. 793; DHS Delegation 00170.1,
Revision No. 01.2; Sec.  169.117 also issued under the authority of
44 U.S.C. 3507.

Sec.  169.527  [Amended]

0
2. In Sec.  169.527(c)(4), remove the text ``Hatch'' and add, in its
place, the text ``Hatchet''.

    Dated: August 1, 2023.
Michael T. Cunningham,
Chief, Office of Regulations and Administrative Law, U.S. Coast Guard.
[FR Doc. 2023-16655 Filed 8-3-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: April 25, 2007 (Volume 72, Number 79)]
[Notices]
[Page 20522]
[DOCID:fr25ap07-56]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP96-359-034]

Transcontinental Gas Pipe Line Corporation; Notice of Negotiated
Rate

April 19, 2007.
    Take notice that on April 13, 2007, Transcontinental Gas Pipe Line
Corporation (Transco) tendered for filing a copy of an executed service
agreement between Transco and Southern Company Services, Inc. as agent
for Southern Power Company which includes a negotiated rate for firm
transportation service under Transco's Momentum Expansion Project. The
effective date of the agreement is January 1, 2011.
    Any person desiring to intervene or to protest this filing 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). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is 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>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-7868 Filed 4-24-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 33 (Thursday, February 17, 2011)]
[Proposed Rules]
[Pages 9276-9278]
[FR Doc No: 2011-3568]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 154 and 155

[Docket No. USCG-1998-4354 and USCG-1999-5705]
RIN 2115-AE87 and 2115-AE88

Tank Vessel and Marine Transportation-Related Facility Response
Plans for Hazardous Substances

AGENCY: Coast Guard, DHS.

ACTION: Proposed rules; reopening of comment period.

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

SUMMARY: The Coast Guard is reopening the comment periods on two
proposed rules before issuing final rules regarding Tank Vessel
Response Plans for Hazardous Substances (USCG-1998-4354) and Marine
Transportation-Related Facility Response Plans for Hazardous Substances
(USCG-1999-5705). The Coast Guard previously published two notices of
proposed rulemaking (NPRMs) proposing to require response plans for
certain tank vessels operating on the navigable waters of the United
States, as well as marine transportation-related facilities, that could
reasonably be expected to cause substantial harm to the environment by
discharging a hazardous substance. The proposed regulations were
published to implement the requirements put into place by the Oil
Pollution Act of 1990, but were never published as final rules. Because
of the lapse in time since the NPRM publications, the Coast Guard is
reopening the comment period to allow for any additional or updated
comments from the public before publishing the final rules.

DATES: Comments and related material must either be submitted to the
appropriate online docket via http://www.regulations.gov on or before
May 18, 2011 or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
1998-4354 and/or USCG-1999-5705 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) 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.
    (4) 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>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. Please submit comments to the appropriate docket;
if your comments apply to both proposed rules, please submit them to
both dockets.
    Viewing incorporation by reference material: You may inspect the
material proposed for incorporation by reference at room 2100, U.S.
Coast Guard Headquarters, 2100 Second Street, SW., Washington, DC
20593-0001 between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The telephone number is<PHONE_NUMBER>. Copies of the
material are available as indicated in the ``Incorporation by
Reference'' section of this preamble.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Raymond Martin, Coast Guard; telephone 202-372-
1449, e-mail<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-1998-4354 and/or USCG-1999-5705), indicate the
specific section of this document to which each comment applies, and
provide a reason for each suggestion or recommendation. You may submit
your comments and material online or by fax, mail, or hand delivery,
but please use only one of these means. We recommend that you include
your name and a mailing address, an e-mail address, or a phone number
in the body of your document so that we can contact you if we have
questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will

then become highlighted in blue. In the ``Document Type'' drop down
menu select ``Proposed Rule'' and insert ``USCG-1998-4354'' or ``USCG-
1999-5705'' in the ``Keyword'' box. Click ``Search'' then click on the
balloon shape in the ``Actions'' column. If you submit your comments by
mail or hand delivery, submit them in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you
submit comments by mail and would like to know that they reached the
Facility, please enclose a stamped, self-addressed postcard or
envelope.
    We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-1998-4354'' or ``USCG-
1999-5705'' and click ``Search.'' Click the ``Open Docket Folder'' in
the ``Actions'' column. If you do not have access to the internet, you
may view the docket online by visiting 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. We have an agreement with the Department of Transportation to
use the Docket Management Facility.

C. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

D. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one to either docket using one of the methods specified
under ADDRESSES. In your request, explain why you believe a public
meeting would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.

II. Background

    The Clean Water Act (CWA), as amended by section 4202(a)(6) of the
Oil Pollution Act of 1990 (OPA 90), requires owners or operators of
tank vessels, offshore facilities, and onshore facilities to prepare
response plans to mitigate spills of both oils and hazardous
substances. Specifically, it requires the owners and operators of those
vessels and facilities that could reasonably be expected to cause
substantial or significant and substantial harm to the environment to
prepare and submit response plans. These plans must address measures to
respond, to the maximum extent practicable, to a worst-case discharge
or a substantial threat of such a discharge, of oil or a hazardous
substance into or on navigable waters, adjoining shorelines, or the
exclusive economic zone of the United States. The primary purpose of
requiring response plans is to minimize impact of a discharge of oil or
hazardous substances into the navigable waters of the United States.
    In response to the Congressional statute, the Coast Guard
promulgated several rules regarding response plans for oil spills. The
Final Rule for oil spill response plans for vessels was published on
January 12, 1996 (61 FR 1052), and the rule for facilities followed on
February 29, 1996 (61 FR 7890).
    In addition to publication of oil spill response plan regulations,
we published proposals regarding response plans for hazardous
substances. On May 3, 1996, we published an ANRPM addressing vessel and
facility response plans (61 FR 20084). The ANPRM discussed the
background, statutory requirements, and possible regulatory approaches
to developing plans for hazardous substance releases. It also posed 96
questions, and the Coast Guard Received 42 comment letters replying to
the ANPRM.
    The Coast Guard gathered additional information to formulate
hazardous substance response plans from the public during public
meetings and a response plan workshop. We conducted two public meetings
on July 30, 1996, in Washington, DC, and August 5, 1996, in Houston,
TX. The Coast Guard held a workshop and meeting in Houston, TX to
engage various stakeholders in issues that had been identified as
significant in response to the ANPRM. The workshop focused on four
specific issues identified in advance: (1) The role and contents of
first responders' guides; (2) the role and capabilities of decision
support systems; (3) chemical removal technology; and (4) public
responder versus private responder issues.
    Finally, the Coast Guard received recommendations from advisory
committees. Under the auspices of the Chemical Transportation Advisory
Committee (CTAC), the Hazardous Substances Response Plan Subcommittee
was formed to develop and recommend hazardous substance response plan
criteria for the agency's consideration in developing requirements for
response plans. The subcommittee formed working groups to address the
various aspects of response planning: Fate and effects, response
resources and methodology, and planning process. Based on the work done
by these groups, the subcommittee delivered a report containing
findings and recommendations, which was considered by the Coast Guard
in developing its proposed regulations.
    Based on the comments provided to the Coast Guard from the sources
listed above, we published two separate NPRMs proposing to require
hazardous substance response plans for tank vessels and marine
transportation-related facilities on March 22, 1999 and March 31, 2000,
respectively (64 FR 13734 and 65 FR 17416). The intent of the proposed
regulations was to ensure access to the necessary information and
equipment during a response to a spill of hazardous substances, as well
as to ensure the availability of appropriate technical expertise as
necessary. The proposed requirements allowed for flexibility in
determining how to respond to a particular spill, given that the
disparate nature of spills of hazardous substances do not lend
themselves to standardized procedures, unlike the comparatively
standardized procedures for oil spill responses.
    The premise of the proposed regulations is that, through an
analysis of the required information by area specialists, the most
appropriate response strategies for dealing with a particular spill
could be identified and performed. Furthermore, the proposed
regulations were intended to accommodate the use of the National
Response Team's Integrated Contingency Plan (ICP) Guidance, published
in the Federal Register on June 5, 1996 (61 FR 28642). This guidance
provided a mechanism for consolidating multiple plans into one
functional emergency response plan, minimizing or eliminating
duplication of information. In addition, the proposed regulations
allowed plans to be structured in such a way that oil response plans
for tank vessels and facilities could be amended or

augmented to meet the requirements for hazardous substances.
    At this time, we believe that the proposed regulations provide a
basis to develop strong, flexible plans to address spills of hazardous
substances. The proposals also encourage plans that make use of
industry best practices and comply with international standards. We
encourage readers to refer to the published NPRMs and their supporting
documents for a more complete discussion of the proposed regulations.

III. Discussion

    In the Coast Guard Authorization Act of 2010 (Pub. L. 111-281),
Congress mandated that the agency promulgate final rules pursuant to
section 311 of the CWA within 18 months. Despite publishing proposals
for hazardous substance response plans in 1999 and 2000, the Coast
Guard has not yet issued final rules on this issue. However, in
accordance with the legislative mandate, we are planning to publish
final rules based on these proposals within the required timeframe. The
final rules will consider all of the comments received in the course of
this rulemaking action, both written and presented in public meetings.
    In this notice, the Coast Guard is reopening the comment period for
the NPRMs on hazardous substance response plans for tank vessels and
marine transportation-related facilities. At this time, we are not yet
responding to comments received in response to the NPRMs, nor are we
changing the proposals in any way. Due to the length of time that has
elapsed since the publication of the proposed rules, we are reopening
the comment period to solicit additional or updated comments regarding
the proposed hazardous substance response plan regulations. Such
information may relate to changed market conditions, industry
practices, improvements in technology, or any other matter addressed by
the proposed regulations.
    One issue on which we are specifically not requesting comments at
this time is the expansion of the requirement for response plans to
noxious liquid substances not covered by 40 CFR part 116. In Section
701 of the Coast Guard and Maritime Transportation Act of 2004 (Pub. L.
108-219), Congress amended the CWA by adding paragraph (B) to 33 U.S.C.
1321(j)(5), which authorized the Coast Guard to require response plans
for noxious liquid substances not covered under other regulations.
However, because the agency is required to publish a final rule by
April of 2012, we will not be able to incorporate those chemicals into
the current response plan proposals. The agency is closely studying the
matter and intends to propose regulations in the future regarding those
additional chemicals.

IV. Incorporation by Reference

    Material proposed for incorporation by reference appears in Sec.
155.3035 of the proposed text. You may inspect this material at U.S.
Coast Guard Headquarters where indicated under ADDRESSES. Copies of the
material are available from the sources listed in Sec.  155.140.

    Dated: February 11, 2011.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2011-3568 Filed 2-16-11; 8:45 am]
BILLING CODE 9110-04-P