[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)]
[Notices]
[Page 53642]
[FR Doc No: 2018-23243]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2018-0963]

Area Maritime Security Advisory Committee (AMSC), Eastern Great
Lakes Northwestern Pennsylvania Regional Sub-Committee Vacancy

AGENCY: Coast Guard, DHS.

ACTION: Notice of Solicitation for Membership.

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SUMMARY: This notice requests individuals interested in serving on the
AMSC, Eastern Great Lakes regional sub-committee Northwestern
Pennsylvania Region submit their applications for membership to the
Captain of the Port, Buffalo. The Committee assists the Captain of the
Port as the Federal Maritime Security Coordinator (FMSC), Buffalo, in
developing, reviewing, and updating the Area Maritime Security Plan
(AMSP) for their area of responsibility.

DATES: Requests for membership should reach the U.S. Coast Guard
Captain of the Port, Buffalo, by November 23, 2018.

ADDRESSES: Applications for membership should be submitted to the
Captain of the Port at the following address: Captain of the Port,
Buffalo, Attention: LCDR Marvin Kimmel, 1 Fuhrmann Boulevard, Buffalo,
NY 14203-3189.

FOR FURTHER INFORMATION CONTACT: For questions about submitting an
application, or about the AMSC in general, contact Mr. Joseph Fetscher,
Northwestern Pennsylvania Region Sub-Committee Executive Coordinator,
at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority

    Section 102 of the Maritime Transportation Security Act (MTSA) of
2002 (Pub. L. 107-295) added section 70112 to Title 46 of the U.S.
Code, and authorized the Secretary of the Department in which the Coast
Guard is operating to establish Area Maritime Security Advisory
Committees for any port area of the United States. (See 33 U.S.C. 1226;
46 U.S.C.; 33 CFR 1.05-1, 6.01; Department of Homeland Security
Delegation No. 0170.1.) The MTSA includes a provision exempting these
AMSCs from the Federal Advisory Committee Act (FACA), Public Law 92-
436, 86 Stat. 470 (5 U.S.C. App.2). The AMSCs shall assist the Federal
Maritime Security Coordinator in the development, review, update, and
exercising of the Area Maritime Security Plan for their area of
responsibility. Such matters may include, but are not limited to:
Identifying critical port infrastructure and operations; Identifying
risks (threats, vulnerabilities, and consequences); Determining
mitigation strategies and implementation methods; Developing strategies
to facilitate the recovery of the Maritime Transportation System after
a Transportation Security Incident; Developing and describing the
process to continually evaluate overall port security by considering
consequences and vulnerabilities, how they may change over time, and
what additional mitigation strategies can be applied; and Providing
advice to, and assisting the Federal Maritime Security Coordinator in
developing and maintaining the Area Maritime Security Plan.

AMSC Membership

    Members of the AMSC should have at least five years of experience
related to maritime or port security operations. The Northwestern
Pennsylvania Region Sub-Committee of the Eastern Great Lakes AMSC has
23 members. We are seeking to fill one (1) vacancy with this
solicitation, an Executive Board member to serve as Vice-Chairperson of
the Sub-Committee and concurrently as a member of the Eastern Great
Lakes AMSC when so convened by the FMSC.
    Applicants may be required to pass an appropriate security
background check prior to appointment to the committee. Applicants must
register with and remain active as a Coast Guard Homeport user if
appointed. Member's term of office will be for five years; however, a
member is eligible to serve additional terms of office. Members will
not receive any salary or other compensation for their service on an
AMSC. In accordance with 33 CFR 103, members may be selected from
Federal, Territorial, or Tribal governments; State government and
political subdivisions of the State; local public safety, crisis
management, and emergency response agencies; law enforcement and
security organizations; maritime industry, including labor; other port
stakeholders having a special competence in maritime security; and port
stakeholders affected by security practices and policies.
    The Department of Homeland Security does not discriminate in
selection of committee members on the basis of race, color, religion,
sex, national origin, political affiliation, sexual orientation, gender
identity, marital status, disability, and genetic information, age,
membership in an employee organization, or any other non-merit factor.
The Department of Homeland Security strives to achieve a widely diverse
candidate pool for all of its recruitment actions.

Request for Applications

    Those seeking membership are not required to submit formal
applications to the local Captain of the Port, however, because we do
have an obligation to ensure that a specific number of members have the
prerequisite maritime security experience, we encourage the submission
of resumes highlighting experience in the maritime and security
industries.

    Dated: October 18, 2018.
J.S. DuFresne,
Captain, U.S. Coast Guard, Captain of the Port/Federal Maritime
Security Coordinator, Buffalo.
[FR Doc. 2018-23243 Filed 10-23-18; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 7 (Tuesday, January 12, 2021)]
[Notices]
[Pages 2412-2413]
[FR Doc No: 2021-00406]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL21-38-000]

City of Springfield, Illinois, City Water, Light and Power;
Notice of Filing

    Take notice that on December 31, 2020, The City of Springfield,
Illinois, City Water, Light and Power (CWLP), filed its proposed rate
schedule, which specified CWLP's cost-based revenue requirements for
Reactive Supply and Voltage Control from Generation or other Sources
Service supplied by CWLP generating units, pursuant to the Open Access
Transmission and Energy Markets Tariff of the Midwest Independent
Transmission System Operator, Inc, along with supporting testimony and
data.
    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. Hand delivered submissions in docketed proceedings should be
delivered to Health and Human Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, The Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Comment Date: 5:00 p.m. Eastern Time on January 21, 2021.

    Dated: January 6, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-00406 Filed 1-11-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 67 (Tuesday, April 8, 2014)]
[Rules and Regulations]
[Pages 19289-19292]
[FR Doc No: 2014-07839]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0034]
RIN 1625-AA00

Safety Zone, Texas City Channel; Texas City, TX

AGENCY: Coast Guard, DHS.

ACTION: Direct final rule.

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SUMMARY: By this direct final rule, the Coast Guard is removing the
regulation

for the safety zone at Snake Island, also known as Shoal Point, within
the Texas City Channel. The Coast Guard is removing the regulation
because it places general restrictions on vessels which are no longer
necessary.

DATES: This rule is effective on July 7, 2014, unless the Coast Guard
receives written adverse comments or written notice of intent to submit
adverse comments on or before May 8, 2014. If the Coast Guard receives
a written adverse comment or written notice of intent to submit a
written adverse comment, the Coast Guard will publish a timely
withdrawal of this Direct Final Rule.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for further instructions on
submitting comments. To avoid duplication, please use only one of these
three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LTJG William Stewart, Marine Safety Unit Texas City, U.S.
Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Cheryl F. Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulation
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
VTS Vessel Traffic Service

A. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, 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 at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone 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,
type the docket number [USCG-2014-0034] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    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 the rule
based on your comments.

2. 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,
type the docket number (USCG-2014-0034) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. 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).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please 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.

B. Regulatory History and Information

    The Coast Guard proposed to establish a safety zone at Snake Island
on July 31, 1981 to assist in managing port congestions. The safety
zone became a final rule on July 8, 1982 [47 FR 13802]. On June 29,
2000, the safety zone was amended to reflect a name change from Captain
of the Port, Galveston to Captain of the Port, Houston-Galveston. The
safety zone is currently codified as amended at 33 CFR 165.804.
    We are publishing this direct final rule under 33 CFR 1.05-55
because this rule removes a regulatory burden found no longer necessary
and no adverse comments are expected. If no adverse comment or notice
of intent to submit an adverse comment is received by May 8, 2014, this
rule, removing an existing safety zone regulation, will become
effective as stated in the DATES section. In that case, approximately
30 days before the effective date, we will publish a document in the
Federal Register stating that no adverse comment was received and
confirming that this rule will become effective as scheduled. However,
if we receive an adverse comment or notice of intent to submit an
adverse comment, we will publish a document in the Federal Register
announcing the withdrawal of all or part of this direct final rule. If
an adverse comment applies only to part of this rule (e.g., to an
amendment, a paragraph, or a section) and it is possible to remove that
part without defeating the purpose of this rule, we may adopt, as
final, those parts of this rule on which no adverse comment was
received. We will withdraw the part of this rule that was the subject
of an adverse comment. If we decide to proceed with a rulemaking
following receipt of an adverse comment, we will publish a separate
notice of proposed

rulemaking (NPRM) and provide a new opportunity for comment.
    A comment is considered ``adverse'' if the comment explains why
this rule or a part of this rule would be inappropriate, including a
challenge to its underlying premise or approach, or would be
ineffective or unacceptable without a change.

C. Basis and Purpose

    The legal basis and authorities for this rule are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat.
2064; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to propose, establish, and
define regulatory safety zones.
    The purpose of this direct final rule is to remove the regulation
found in 33 CFR 165.804 that established a safety zone restriction in
the Texas City Channel. The Coast Guard finds that the present
regulation imposes a continuous prohibition from mooring and fleeting
on Snake Island that is no longer necessary.

D. Discussion of the Final Rule

    On June 3, 2013, the Port of Texas City requested the Captain of
the Port Houston-Galveston remove the safety zone currently enforced on
the west and northwest shores of Snake Island. The Port of Texas City
petitioned for the safety zone removal for ``the safety of the users of
the Texas City Harbor and to assist in managing the vessel traffic in
the Port of Texas City''. With the significant increase in vessel size
and traffic during the past thirty years, the Texas City Harbor is not
wide enough to accommodate barge traffic passing while ships are
docking or sailing. Thus, under the current regulation found under 33
CFR 165.804, barge traffic is subject to queuing in the Texas City
Channel for multiple hours, often navigating amongst other vessel
traffic and adverse weather conditions. By removing the safety zone on
Snake Island, barge traffic will be afforded the opportunity to moor
along the shoreline, lessening harbor congestion and reducing the risk
for marine casualties.
    A regulation that imposes a continuous prohibition from mooring and
fleeting on Snake Island is no longer necessary for the following
reasons: (1) The Coast Guard established a Vessel Traffic Service (VTS)
in 1994 [Federal Register Volume 59, Number 135 (Friday, July 15,
1994)] which adequately manages vessel movements; (2) the Port of Texas
City has established a Harbormaster, who further facilitates traffic
movements and berthing arrangements; and (3) the Coast Guard
implemented a permanent security zone in Texas City, Texas established
under 33 CFR 165.814 which encompasses the west and northwest
approaches to Snake Island. This security zone restricts certain
vessels from entering specified areas and facilities within the port,
which effectively helps to manage traffic. Over time, by establishing a
Harbormaster, VTS, and certain other regulations the subject safety
zone under 33 CFR 165.804, has become unnecessary for its original
purpose to manage congestion.
    The Port of Texas City's request to remove this safety zone has
received broad support and has been endorsed by the Galveston-Texas
City Pilot's Association, Lone Star Harbor Safety Committee, and Sector
Houston-Galveston Vessel Traffic Service. Additionally, the owner of
Snake Island, the City of Texas City has no objections to this
proposal.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Because this rule is
removing all safety zone restrictions under 33 CFR 165.804, it is not a
significant regulatory action. No new restrictions or actions are being
imposed by this rule.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    This rule removes all restrictions imposed by the safety zone
regulation under 33 CFR 165.804. Therefore, the Coast Guard finds that
this rule will not have a significant economic impact on a substantial
number of small entities.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires

Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

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

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental checklist and categorical exclusion determination are not
required under 34(g), for regulations disestablishing a safety zone. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this rule.

List of Subjects in 33 CFR Part 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--[AMENDED]

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

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

Sec.  165.804  [REMOVED]

0
2. Remove Sec.  165.804.

    Dated: February 21, 2014.
Brian K. Penoyer,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. 2014-07839 Filed 4-7-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: October 28, 2010 (Volume 75, Number 208)]
[Notices]
[Page 66405-66407]
[DOCID:fr28oc10-71]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63161; File No. SR-EDGA-2010-15]

Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
EDGA Rule 11.5

October 22, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 20, 2010, the EDGA Exchange, Inc. (the ``Exchange'' or
the ``EDGA'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which items have been prepared by the 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\ 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 EDGA Rule 11.5(a)(2) to provide
system functionality that will cancel any portion of a market order
submitted to the Exchange that would execute at a price that is more
than $0.50 or 5 percent worse than last sale at the time the order
initially reaches the Exchange, whichever is greater. The text of the
proposed rule change is available on the Exchange's Internet Web site
at http://www.directedge.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 these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in sections A, B and C below, of the
most significant aspects of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to protect market
participants from executions at prices that are significantly worse
than the last sale at the time of order entry by providing Exchange
system functionality that will cancel any portion of a market order (as
defined in Rule 11.5(a)(2)) that would execute at a price that is 50
cents or 5 percentage points worse than the consolidated last sale,
whichever is greater. Any portion of a market order that would
otherwise execute outside of these thresholds will be immediately
cancelled back to the User.\3\ The Exchange believes that Users who
submit market orders to the Exchange generally intend to receive
executions for the full size of their orders at or near the
consolidated last sale and are not always aware that there may not be
enough liquidity at that price to fill the entire size of their orders.
The Exchange believes that the market order thresholds proposed in this
rule filing will help avoid executions of market orders at prices that
are significantly worse than the consolidated last sale and avoid
potentially creating clearly erroneous situations.
---------------------------------------------------------------------------

    \3\ As defined in Exchange Rule 1.5(cc).
---------------------------------------------------------------------------

    Those Users who intend to trade against liquidity at multiple price
points from the consolidated last sale beyond the market order
thresholds proposed in this rule filing can clearly and unambiguously
specify that intent by submitting a marketable limit order to the
Exchange.
2. Statutory Basis
    The statutory basis for the proposed rule change is Section 6(b)(5)
of the Act,\4\ which requires the rules of an exchange to promote just
and equitable principles of trade, to remove impediments to and perfect
the mechanism of a free and open market and a national market system
and, in general, to protect investors and the public interest. The
proposed rule change also is designed to support the principles of
Section 11A(a)(1) \5\ of the Act in that it seeks to assure fair
competition among brokers and dealers and among exchange markets. The
Exchange believes that the proposed rule meets these requirements in
that it seeks to promote transparency for how order flow will be
handled during a trading pause.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b)(5).
    \5\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Because the foregoing proposed rule change does not: (1)
Significantly affect the protection of investors or the public
interest; (2) impose any significant burden on competition; and (3)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate if consistent with
the protection of investors and the public interest, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \6\ and Rule 19b-
4(f)(6) thereunder.\7\
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6). In addition, EDGA has given the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five business days prior to the date on which the
Exchange filed the proposed rule change, or such shorter time as
designated by the Commission.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.\8\
However, Rule 19b-4(f)(6) \9\ permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay so that the proposal may
become operative upon filing. The Commission notes (i) the proposal is
similar to existing thresholds on market orders adopted by The NASDAQ
Stock Market LLC, NASDAQ OMX BX, Inc., BATS Exchange, Inc., and NYSE
Arca, Inc; (ii) it presents no novel issues; and (iii) it may provide a
benefit to market participants. For these reasons, the Commission
believes it is consistent with the protection of investors and the
public interest to waive the 30-day operative delay, and hereby grants
such waiver.\10\
---------------------------------------------------------------------------

    \8\ 17 CFR 240.19b-4(f)(6)(iii).
    \9\ Id.
    \10\ For the purposes only of waiving the operative date of this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of 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.

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 e-mail to<EMAIL_ADDRESS>Please include
File

Number SR-EDGA-2010-15 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-EDGA-2010-15. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission,\11\ all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street, NE., Washington,
DC 20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of the filing also will be available for inspection and
copying at the principal office of the Exchange. 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-EDGA-2010-15 and should be submitted on
or before November 18, 2010.
---------------------------------------------------------------------------

    \11\ The text of the proposed rule change is available on
Exchange's Web site at http://www.directedge.com, on the
Commission's Web site at http://www.sec.gov, at EDGA, and at the
Commission's Public Reference Room.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-27243 Filed 10-27-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 7 (Tuesday, January 12, 2021)]
[Notices]
[Pages 2414-2415]
[FR Doc No: 2021-00324]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0308; FRL-10017-94]

United States Department of Justice and Parties to Certain
Litigation; Transfer of Data

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces that pesticide related information
submitted to the Environmental Protection Agency (EPA) pursuant to the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the
Federal Food, Drug, and Cosmetic Act (FFDCA), including information
that may have been claimed as Confidential Business Information (CBI)
by the submitter, will be transferred to the U.S. Department of Justice
(DOJ) and parties to certain litigation. This transfer of data is in
accordance with the CBI regulations governing the disclosure of
potential CBI in litigation.

DATES: Access to this information by DOJ and the parties to certain
litigation is ongoing and expected to continue during the litigation as
discussed in this Notice.

FOR FURTHER INFORMATION CONTACT: Patricia Biggio, Pesticide Re-
Evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This notice is being provided pursuant to 40
CFR 2.209(d) to inform affected

businesses that EPA, via DOJ, will provide certain information to the
parties and the Court in the matter of Natural Resources Defense
Council v. U.S. Environmental Protection Agency et al., Case No. 20-
72794 (9th Cir.) (``TCVP litigation''). The information is contained in
documents that have been submitted to EPA pursuant to FIFRA and FFDCA
by pesticide registrants or other data-submitters, including
information that has been claimed to be, or determined to potentially
contain, CBI. In the TCVP Litigation, the Petitioner seeks judicial
review of EPA's July 21, 2020 denial of the Natural Resources Defense
Council's 2009 petition requesting that EPA cancel all pet uses of the
pesticide tetrachlorvinphos (TCVP) registered under FIFRA.
    The documents are being produced as part of the Administrative
Record of the decision at issue and include documents that registrants
or other data-submitters may have submitted to EPA regarding the
pesticide TCVP, and that may be subject to various release restrictions
under federal law. The information includes documents submitted with
pesticide registration applications and may include CBI as well as
scientific studies subject to the disclosure restrictions of FIFRA
section 10(g), 7 U.S.C. 136h(g).
    All documents that may be subject to release restrictions under
federal law will be designated as ``Confidential or Restricted
Information'' in the certified list of record materials that EPA will
file in this case. Further, EPA intends to seek a Protective Order that
would preclude public disclosure of any such documents by the parties
in this action who have received the information from EPA, and that
would limit the use of such documents to litigation purposes only. EPA
would only produce such documents in accordance with the Protective
Order. The anticipated Protective Order would require that such
documents would be filed under seal and would not be available for
public review, unless the information contained in the document has
been determined to not be subject to FIFRA section 10(g) and all CBI
has been redacted.

    Authority: 7 U.S.C. 136 et seq.; 21 U.S.C. 301 et seq.

    Dated: December 1, 2020.
Mary Reaves,
Acting Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2021-00324 Filed 1-11-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: August 31, 2009 (Volume 74, Number 167)]
[Notices]
[Page 44896-44899]
[DOCID:fr31au09-132]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2009-0185]

Notice of Funding Availability for Disadvantaged Business
Enterprise American Recovery and Reinvestment Act Bonding Assistance
Reimbursable Fee Program (DBE ARRA BAP)

AGENCY: Office of the Secretary of Transportation (OST), Office of
Small and Disadvantaged Business Utilization (OSDBU), Department of
Transportation (DOT).

ACTION: Notice of funding availability.

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SUMMARY: The Department of Transportation (DOT), Office of the
Secretary (OST), Office of Small and Disadvantaged Business Utilization
(OSDBU) announces the availability of $20 million provided by the
American Recovery and Reinvestment Act of 2009 (ARRA) for the
reimbursement of bonding premiums and fees incurred by Disadvantaged
Business Enterprises (DBE) competing for, or performing on,
transportation infrastructure projects receiving DOT ARRA funding.
    Catalog of Federal Domestic Assistance (CFDA) Number: 20.904
Bonding Assistance Program.
    Type of Award: DBE Financial Assistance.
    Estimated Average Size of Award: $11,300.
    Estimated Number of Awards: 1,770.
    DOT is not bound by any estimates in this notice. Awards will be
made in the order of application receipt until funding is fully
expended or the program closes on September 8, 2010.
    Program Authority: Funding for the DBE ARRA BAP has been provided
to DOT by ARRA (Pub. L. 111-5, Feb. 17, 2009) to be administered
pursuant to 49 U.S.C. 332(e).
    DOT established its OSDBU in accordance with Public Law 95-507, an
amendment to the Small Business Act and the Small Business Investment
Act of 1958. OSDBU administers the provisions of Title 49, United
States Code, Section 332.
    DOT/OSDBU has posted a synopsis of this announcement on http://
www.govbenefits.gov.

DATES: Applications will be available beginning August 28, 2009.
Applications must be received by mail or electronically transmitted to
DOT OST OSDBU on or before September 8, 2010 for bond issue dates for
ARRA projects on or after the date of this notice, August 28, 2009.
Provided OSDBU is given an email address, applicants should receive a
confirmation email. Regardless, the applicant is advised to request
delivery confirmation for mail submissions or return receipt for email
submissions. In the event funding is fully expended prior to September
8, 2010, OSDBU will cease to accept new applications.

ADDRESSES: Applications may be submitted to OSDBU electronically via
email at<EMAIL_ADDRESS>Mailed applications may be submitted to DOT/
OSDBU, 1200 New Jersey Avenue, SE., Suite W56-497, Washington, DC
20590, Attn: DBE ARRA BAP.

FOR FURTHER INFORMATION CONTACT: For further information concerning
this

notice, contact OSDBU at U.S. Department of Transportation, 1200 New
Jersey Ave., SE., Room W56-497, Washington, DC 20590. Telephone: 1-800-
532-1169. E-mail<EMAIL_ADDRESS>Additional guidance may be found at
http://www.dot.gov/recovery/ost/.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Overview
II. Eligibility Information and Program Requirements
III. Application Process
IV. Application Content
V. Application Approval
VI. Reporting Requirements
VII. Technical Assistance

Full Text of Announcement

I. Overview

    On February 17, 2009, the President of the United States signed the
American Recovery and Investment Act of 2009 (Pub. L. 111-5) (ARRA) to,
among other purposes, (1) preserve and create jobs and promote economic
recovery, (2) invest in transportation infrastructure that will provide
long-term economic benefits, and (3) assist those most affected by the
current economic downturn. Pursuant to ARRA, DOT was appropriated a
combined $48.1 billion in funding for the purpose of stimulating the
economy and investing in the nation's transportation infrastructure.
ARRA also appropriated $20 million to the Department of Transportation
for Disadvantaged Business Enterprise bonding assistance.
    The DOT OSDBU has established the DBE ARRA Bonding Assistance
Reimbursable Fee Program (DBE ARRA BAP) to distribute the DBE bonding
assistance provided by the ARRA. The term ``Disadvantaged Business
Enterprise'' (DBE), includes a for-profit small business concern that
is owned and controlled by a socially and economically disadvantaged
individual, including women, and is set forth in Title 49 Code of
Federal Regulations Part 26 (49 CFR part 26).
    The Miller Act (40 U.S.C. 3131 to 3134) provides that, before a
contract that exceeds $100,000 in amount for the construction,
alteration, or repair of any building or public work of the United
States is awarded to any person, that person shall furnish the Federal
government with a performance bond in an amount that the contracting
officer regards as adequate for the protection of the Federal
government and; a separate payment bond for the protection of suppliers
of labor and materials. A bid/proposal bond may also be required.
States have enacted ``Little Miller Acts'' that impose similar bond
requirements for state and local projects.
    Surety companies charge a premium fee to all contractors to ensure
the surety company's financial backing and guarantee. These premium
rates vary between 2 percent and 3 percent of the contract amount. If a
contractor wants to use SBA's Surety Bond Guarantee Program (SBGP), SBA
charges the contractor or small business concern (principal) a fee of
.729 percent of the contract price to finance potential claims against
the bond.
    The purpose of the DBE ARRA program is to assist DBEs to
participate in the ARRA investment in transportation infrastructure and
to address the disproportionate effect that the increase in
unemployment has had on minority-owned and women-owned businesses by
assisting them to obtain transportation infrastructure contracts at the
local, state and federal levels through a reduction in the cost of
bonding.
    The bonding assistance provided by the DBE ARRA BAP will allow DBEs
with traditionally less working capital than large transportation-
related contractors to perform on transportation infrastructure
projects receiving ARRA funding from any DOT mode of transportation,
such as Federal Highway Administration, (FHWA), Federal Transit
Administration (FTA), Federal Aviation Administration (FAA), Federal
Railroad Administration (FRA), and the Maritime Administration (MARAD).
In addition, the assistance provided to the DBE to compete for, and
execute contracts for ARRA projects, will position the DBE to compete
for future transportation contracts at any tier from any Federal,
state, or local transportation agency.
    The DBE ARRA BAP is bonding assistance in the form of a bonding fee
cost reimbursement. DOT will directly reimburse DBEs the premiums paid
to the surety company for performance, payment or bid/proposal bonds.
In the event the DBE also obtains a bond guarantee from Small Business
Administration's (SBA) Surety Bond Guarantee Program (SBGP), the DOT
will also reimburse the DBE for the small business concern (principal)
fee of .729 percent of the contract price.

II. Eligibility Information and Program Requirements

A. General Requirements

    1. Civil Rights Act of 1964, as amended (42 U.S.C. 2000d).
Compliance with civil rights statutes is required, including compliance
with equity in service.
    2. Section 504 of the Rehabilitation Act of 1973, as amended (29
U.S.C. 794), and the Americans with Disabilities Act (ADA) requirements
in 49 CFR parts 27, 37, and 38.
    3. A DBE must execute a Certificate Regarding Lobbying in
compliance with 49 CFR Part 20.
    4. An application must include a certification, signed by the
applicant, stating that it will comply with the requirements of
subchapter IV of chapter 31 of title 40, United States Code (Federal
wage rate requirements), as required by the Recovery Act.
    5. Certification Regarding Debarment, Suspension in compliance with
29 CFR Part 98.

B. ARRA BAP Reimbursement Program Eligibility

    To be eligible for a performance, payment, or bid/proposal bond fee
cost reimbursement under the DBE ARRA BAP, a contractor must:
    1. Be a certified DBE in accordance with Title 49 Code of Federal
Regulations Part 26 (49 CFR 26);
    2. Have a current Dun and Bradstreet Number (DUNS);
    3. Be registered in the Central Contractor Registration (CCR),
CCR.gov, complete with bank information for electronic payment; and
    4. Provide goods or services on a contract for a transportation-
related project receiving DOT funding pursuant to ARRA or if a bid/
proposal bond is required, bid on a contract for a transportation
infrastructure project receiving DOT funding pursuant to ARRA.
    5. Applications must be received by mail or electronically
submitted to DOT OST OSDBU on or before September 8, 2010 for bonds
issued on ARRA projects with issue dates on or after August 28, 2009.
In the event funding is fully expended prior to September 8, 2010,
OSDBU will cease to accept new applications. Bonding premiums and fees
incurred by the DBE prior to this notice are not eligible for
reimbursement under the DBE ARRA BAP.

C. Types of Surety Bonds Eligible for Reimbursement of Bond Premiums
and Fees Under the DBE ARRA BAP

    A surety bond is a three-party instrument between a surety, the
contractor and the project owner. The agreement binds the contractor to
comply with the terms and conditions of a contract. If the contractor
is unable to successfully perform the contract, the surety assumes the
contractor's responsibilities. The following are types of surety bonds
eligible for

reimbursement of bond premiums and fees:
    1. Bid/Proposal--A bond which guarantees that the bidder on a
contract will enter into the contract and furnish the required payment
and performance bonds. A proposal bond also guarantees that the offeror
on a contract will enter into the contract and furnish the required
payment and performance bonds. It is used in response to a Request for
Proposal (RFP).
    2. Payment--A bond which guarantees payment from the contractor to
persons who furnish labor, materials equipment and/or supplies for use
in the performance of the contract.
    3. Performance--A bond which guarantees that the contractor will
perform the contract in accordance with its terms.

III. Application Process

    A. The DBE will select an approved surety company listed in
Department of the Treasury's Listing of Approved Sureties (Department
Circular 570) and establish a business relationship.
    B. The DBE will submit a bond application to the surety company in
accordance with the surety company's requirements. In the event the DBE
is participating in the SBA's SBGP, the contractor will comply with
SBA's requirements.
    C. Upon approval, the DBE will pay all required bonding premiums.
In the event the DBE is participating in the SBA's SBGP, the DBE will
also pay SBA's principal fee.
    D. To receive reimbursement from DOT for the bonding premium/fees
paid to the surety company and possibly SBA, the DBE will be required
to submit an Application for Reimbursement of Bond Fees to DOT. A
separate application must be submitted for each bond for which the
applicant is seeking reimbursement of the bond premiums and fees paid
by the applicant. Applications submitted by mail may be delayed due to
mail screening security requirements. For faster reimbursement, the DBE
should consider electronic submission by email. The application is an
electronically fillable application form. We strongly suggest
applicants utilize the electronically fillable form to complete the
application entries. Illegible applications will delay processing time.
The DBE will be required to submit the following information on the
form:
    1. Legal name of the company and full street address of the primary
business location.
    2. TIN (Federal Tax ID Number).
    3. Dun & Bradstreet Number (DUNS).
    4. Affirmation that the DBR is registered in central contractor
registration (ccr.gov), inclusive of banking information.
    5. Surety bond information:
    (a) Bond number;
    (b) Date of issue;
    (c) Name of surety company;
    (d) Type of bond;
    (e) Bond amount;
    (f) Total bond premiums and fees for which the DBE is seeking
reimbursement.
    6. Transportation-related contract information:
    (a) Contract Awarder (Agency/Prime/Subcontractor);
    (b) Contract number;
    (c) Federal project number and Name;
    (d) Contract amount;
    (e) Contract start date;
    (f) Contract estimated completion date.
    7. DBE certification information:
    (a) Certification that the applicant is a DBE and the contract
being bonded is a transportation-related contract;
    (b) Name of the entity which certified the contractor's business as
a DBE;
    (c) State of certification;
    (d) Certification expiration/renewal date;
    (e) The most current annual affidavit date. A current annual
affidavit is not required in the event the DBE is certified less than
one (1) year.
    8. Signature of applicant and contact information.
    9. Certification that the DBE has not sought reimbursement for the
bond fees for which they are seeking reimbursement from DOT, nor will
the DBE seek reimbursement in the event they receive reimbursement from
DOT. The DBE will also provide consent for DOT to contact the agency/
prime/subcontractor to confirm non-reimbursement of the bond fees.
    E. The DBE will be required to submit the following documentation
with the application:
    1. A copy of the bond.
    2. A copy of the contract.
    3. DBE certification letter from the DBE certification office in
their state and a current annual affidavit. A current annual affidavit
is not required in the event the DBE is certified less than one (1)
year.
    4. Regardless of whether the DBE is a prime contractor or a
subcontractor, a letter from the federal, state or local transportation
authority, on their letterhead, indicating the DBE is a prime
contractor or a subcontractor and the federal project number. In the
event the DBE is already in possession of other documentation from the
federal, state or local transportation authority indicating the federal
project number, that documentation may be submitted in lieu of the
letter.
    5. A copy of their invoice(s) from the surety company and if
applicable, SBA and cancelled checks or other proof of payment of the
bond fees in support of the total amount claimed for reimbursement.
    The Application for Reimbursement of Bond Fees, application
instructions, and additional guidance is located at http://www.dot.gov/
recovery/ost/.

IV. Application Content

    Submitted Applications must contain:
    A. A completed and signed application.
    B. Supporting Documentation outlined in Section III.E.
    C. Certificate Regarding Lobbying in compliance with 49 CFR Part
20.
    D. Certification stating that the DBE will comply with the
requirements of subchapter IV of chapter 31 of title 40, United States
Code (Federal wage rate requirements), as required by the Recovery Act.
    E. Certification Regarding Debarment, Suspension in compliance with
29 CFR Part 98.

V. Application Approval

    OSDBU will review submitted applications in the order of receipt.
Applications will be reviewed for eligibility and completeness.
Applications that are incomplete or contain inaccurate information will
not be considered for approval. OSDBU will verify supporting
documentation and the DBE's registration status on http://www.ccr.gov.
Incomplete applications will not be considered for approval. OSDBU will
notify the applicant in the event of approval or disapproval of an
application. The Director or OSDBU or his designee will provide
signatory approval on applications approved for cost reimbursement. DOT
intends to expedite payment of approved applications. Payment will not
be made for approved applications until the DBE's bank information is
completed in their registration profile on http://www.ccr.gov.

VI. Reporting Requirements

    A. ARRA Section 1512 Recipient Reporting: DBEs that receive bonding
assistance under DBE ARRA BAP are not subject to reporting requirements
under Section 1512 unless such awards of assistance exceed the
reporting threshold of $25,000 for prime recipients. DOT also notes
that eligible recipients are already subject to ARRA Section 1512
recipient reporting requirements by the DOT modes of

transportation, such as FHWA, FTA, FAA, FRA, and MARAD. Please
reference additional guidance located http://www.dot.gov/recovery/ost/
for specific Section 1512 reporting instructions for recipients of
bonding assistance under the DBE ARRA BAP
    B. Other Reporting: To satisfy the needs for transparency and
accountability related to funding appropriated under the ARRA, DBEs may
be required to provide additional information not yet specified in this
notice to satisfy requests from the Office of Management and Budget
(OMB), the Congressional Budget Office (CBO), the Government
Accountability Office (GAO, or the DOT Office of Inspector General
(IG). DOT/OSDBU will inform the DBEs if and when such additional
reports are required. Through its participation in the DBE ARRA BAP,
the DBE agrees to provide the additional required information.

VII. Technical Assistance

    Technical assistance pertaining to the DBE ARRA BAP is available
from OSDBU headquarters, S-40, 1200 New Jersey Avenue SE., Washington,
DC 20590 1-800-532-1169 or through the regional DOT Small Business
Transportation Resource Centers (SBTRC).
    Small Business Transportation Resource Centers (SBTRCs):
    Northeast Region:

New York, Headquarters, New Jersey, Massachusetts, Connecticut, Rhode
Island, Maine, New Hampshire, Vermont

    Contact: LaGuardia Community College:

Elizabeth Perdomo, Project Director, SBTRC, LaGuardia Community
College, 29-10 Thompson Avenue, 9th Floor, Long Island City, NY 11101,
Telephone:<PHONE_NUMBER>, FAX:<PHONE_NUMBER>, E-mail:
<EMAIL_ADDRESS>
    Mid Atlantic Region:

Pennsylvania, Headquarters, Maryland, Virginia, District of Columbia,
Delaware, West Virginia

    Contact: Greater Philadelphia Minority Business Strategic Alliance:

Tiffany L. King, Project Director, 105 N. 22nd Street, Philadelphia,
Pennsylvania 19103, Telephone:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>, E-
mail<EMAIL_ADDRESS>
    South Atlantic Region:

North Carolina, Headquarters, Tennessee, South Carolina, Kentucky
    Contact: North Carolina Agricultural and Technical (NC A&T) State
University:

George C. Jones, Jr., Project Director, SBTRC, Rm 312-G Craig Hall, The
Transportation Institute, NC A&T State University, 1601 E. Market
Street, Greensboro, NC 27411, Ph:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>,
E-mail<EMAIL_ADDRESS>
    Southeast Region:

Florida, Headquarters, Georgia, Alabama, Mississippi, Puerto Rico, U.S.
Virgin Islands

    Contact: Miami Dade College:

Adrianna Clark, Project Director, SBTRC, Miami Dade College, Homestead,
500 College Terrace, Office B230, Homestead, FL 33160, Telephone: (305)
237-5115, Fax<PHONE_NUMBER>, E-mail<EMAIL_ADDRESS>
    Gulf Region:

Texas, Headquarters, Louisiana, Oklahoma, New Mexico, Arkansas

    Contact: Greater Dallas Hispanic Chamber of Commerce:

Yolanda Tafoya, Diana L. Flores, Project Director, SBTRC, 4622 Maple
Ave., 207, Dallas, Texas 75219-1101, Telephone: (214) 523-
3432, Fax:<PHONE_NUMBER>, E-mail<EMAIL_ADDRESS>
    Great Lakes Region:

Illinois, Headquarters, Indiana, Michigan, Ohio, Wisconsin

    Contact: Hispanic American Construction Industry Association:

Jackie Gomez, Project Director, SBTRC, 901 W. Jackson Blvd., Suite 205,
Chicago, Illinois 60607, Telephone:<PHONE_NUMBER>, ext 22, Fax: (312)
666-5692, E-mail<EMAIL_ADDRESS>
    Central Region:

Missouri, Headquarters, Colorado, Minnesota, Iowa, Kansas, Nebraska,
South Dakota, North Dakota, Wyoming

    Contact: University of Missouri--Columbia:

Rhonda K. Wilson, Project Director, SBTRC, W1026 Lafferre Hall 400
South 6th Street, Columbia, Missouri 65211, Phone:<PHONE_NUMBER>, Fax:
(573) 882-9931 E-mail<EMAIL_ADDRESS>
    Southwest Region:

California, Headquarters, Arizona, Utah, Nevada, Hawaii

    Contact: U.S. Pan Asian American Chamber of Commerce:

Carrolyn Kubota, Project Director, SBTRC, 275 5th Street, San
Francisco, CA 94103, Phone:<PHONE_NUMBER>, Toll Free: 1-866-928-6289
x9, Fax:<PHONE_NUMBER>, E-mail<EMAIL_ADDRESS>
    Northwest Region:

Washington, Headquarters, Oregon, Alaska, Idaho, Montana

    Contact: Economic Development Council of Snohomish County:

Lily Keeffe, Project Director, SBTRC, 728 134th St., SW., Ste 128,
Everett, WA 98204, Telephone:<PHONE_NUMBER>, Fax<PHONE_NUMBER>, E-
mail<EMAIL_ADDRESS>
    Issued in Washington, DC, on August 25, 2009.
Brandon Neal,
Director, Office of Small and Disadvantaged Business Utilization.
[FR Doc. E9-20919 Filed 8-28-09; 8:45 am]

BILLING CODE 4910-9X-P


[Federal Register Volume 84, Number 205 (Wednesday, October 23, 2019)]
[Rules and Regulations]
[Pages 56702-56703]
[FR Doc No: 2019-23116]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0849]
RIN 1625-AA00

Safety Zone; Kanawha River, Charleston, WV

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters on the Kanawha River from mile marker (MM) 60.8 to MM
61.3. The safety zone is needed to protect personnel, vessels, and the
marine environment from hazards created by repair work on several large
power lines crossing the river. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port Sector Ohio Valley or a designated representative.

DATES: This rule is effective without actual notice from October 23,
2019 until through November 23, 2019. For the purposes of enforcement,
actual notice will be used from October 19, 2019 until October 23,
2019. This rule will be enforced from 9 a.m. through 3 p.m. on Mondays
through Saturdays, and from 7 a.m. through 11 p.m. on Sundays from
October 19, 2019 through November 23, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0849 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 MST3 Wesley Cornelius, MSU Huntington, U.S. Coast Guard;
304-733-0198<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because we must establish the safety zone by
October 19, 2019 and lack sufficient time to request public comments
and respond to those comments before the zone must be established.
    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 contrary to the public interest because immediate
action is needed to respond to the potential safety hazards associated
with the power line crossing on the Kanawha River between mile marker
(MM) 60.8 and MM 61.3.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Ohio
Valley (COTP) has determined that potential hazards associated with the
power line crossing on October 19 through November 23, 2019, will be a
safety concern for anyone on the Kanawha River from mile marker (MM)
60.8 to MM 61.3. This rule is needed to protect personnel, vessels, and
the marine environment in the navigable waters within the safety zone
while the power line are being replaced.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9 a.m. through 3 p.m. on
Mondays through Saturdays, and from 7 a.m. through 11 p.m. on Sundays
from October 19, 2019 through November 23, 2019. The safety zone covers
all navigable waters from MM 60.8 to MM 61.3 on the Kanawha River. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters for the duration of the
power line crossing is being repaired. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative. Persons and vessels permitted
to enter the safety zone must transit at the slowest safe speed and
comply with all lawful directions issued by the COTP or a designated
representative.

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 size and
location of the safety zone. This rule involves a safety zone lasting
for less than a month and covering the limited area of less than two
miles. In addition, vessel traffic will be able to reach out to the
safety boat on scene to coordinate safe passage through the safety zone
which will impact one-half mile stretch of the Kanawha River. The Coast
Guard will publish a Local Notice to Mariners (LNMs), and issue a
Broadcast Notice to Mariners (BNMs) via VHF-FM marine channel 16 about
the 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. If
you believe this rule has implications for federalism or Indian tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section above.

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 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969(42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone lasting from October 19,
2019 through November 23, 2019 that will limit access of the Kanawha
River from MM 60.8 to MM 61.3. It is categorically excluded from
further review under paragraph L60(d) in Table 3-1 of U.S. Coast Guard
Environmental Planning Implementing Procedures. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.

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 (waters), 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.T08-0849 to read as follows:

Sec.  165.T08-0849  Safety Zone; Kanawha River, Charleston, WV.

    (a) Location. The following area is a safety zone: all navigable
waters of the Kanawha River from Mile Marker (MM) 60.8 to MM 61.3 near
Charleston, WV.
    (b) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the Captain of the
Port Sector Ohio Valley (COTP) or a designated representative. Persons
or vessels desiring to enter into or pass through the zone must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM radio channel 16 or phone at 1-800-253-7465.
    (2) Persons and vessels permitted to enter the safety zone must
transit at the slowest safe speed and comply with all lawful directions
issued by the COTP or a designated representative.
    (c) Effective period. This rule is effective without actual notice
from October 23, 2019 until through November 23, 2019. For the purposes
of enforcement, actual notice will be used from October 19, 2019 until
October 23, 2019.
    (d) Enforcement periods. This section will be enforced from 9 a.m.
through 3 p.m. on Monday through Saturday, and from 7 a.m. through 11
a.m. on Sundays, from October 19, 2019, through November 23, 2019.
    (e) Information broadcasts. The COTP or a designated representative
will inform the public when the safety zone is being enforced via a
Local Notice to Mariners (LNMs) and a Broadcast Notice to Mariners
(BNMs) via VHF-FM marine channel 16.

    Dated: October 18, 2019.
M.A. Wike,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Ohio
Valley.
[FR Doc. 2019-23116 Filed 10-22-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: July 10, 2008 (Volume 73, Number 133)]
[Notices]
[Page 39758-39759]
[DOCID:fr10jy08-117]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58104; File No. SR-NSCC-2008-05]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Lower Fees for Certain NSCC Services

July 7, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on June 26, 2008, National
Securities Clearing Corporation (``NSCC'') filed with the Securities
and Exchange Commission (``Commission'') the proposed rule change
described in Items I, II, and III below, which items have been prepared
primarily by NSCC. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested parties.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The purpose of the proposed rule change is to revise NSCC's fee
schedule to lower fees for certain NSCC services.

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

    In its filing with the Commission, NSCC included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. NSCC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\2\
---------------------------------------------------------------------------

    \2\ The Commission has modified the text of the summaries
prepared by NSCC.
---------------------------------------------------------------------------

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

    The purpose of the proposed rule change is to lower fees for
certain services provided by NSCC to align them with the costs of
delivering the services. These changes are:\3\
---------------------------------------------------------------------------

    \3\ The specific changes to NSCC's fee schedule are attached as
an exhibit to the filing.
---------------------------------------------------------------------------

    (1) A decrease in the unit-based equity trade recording fee from
$.001436 per side to $.000402 per side.
    (2) A decrease in the unit-based equity netting fee from $.000916
per side to $.000256 per side.
    (3) A decrease in both the trade comparison fee and the trade
recording fee for corporate bonds, municipal bonds, and unit investment
trusts from $1.00 per side to $0.65 per side.
    The effective date for these fee adjustments was July 1, 2008.
    NSCC believes that the proposed rule change is consistent with the
requirements of Section 17A(b)(3)(D) of the Act\4\ and the rules and
regulations thereunder applicable to NSCC because it provides for the
equitable allocation of reasonable dues, fees, and other charges among
NSCC's participants.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

(B) Self-Regulatory Organization's Statement on Burden on Competition

    NSCC does not believe that the proposed rule change will have any

impact on or impose any burden on competition.

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

    No written comments relating to the proposed rule change have been
solicited or received. NSCC will notify the Commission of any written
comments received by NSCC.

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

    The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A)(ii) of the Act \5\ and Rule 19b-4(f)(2) \6\
thereunder because the proposed rule change establishes or changes a
due, fee, or other charge applicable only to a participant. At any time
within sixty days of the filing of the proposed rule change, the
Commission may summarily abrogate 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.
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    \5\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \6\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NSCC-2008-05 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-NSCC-2008-05. This file
number should be included on the subject line if e-mail 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 inspection and copying in the
Commission's Public Reference Section, 100 F Street, NE., Washington,
DC 20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of such filing also will be available for inspection and
copying at the principal office of NSCC and on NSCC's Web site at
http://www.dtcc.com/legal/rule_filings/nscc/2008.php. 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-NSCC-2008-05 and
should be submitted on or before July 31, 2008.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-15706 Filed 7-9-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: November 3, 2006 (Volume 71, Number 213)]
[Notices]
[Page 64698-64700]
[DOCID:fr03no06-57]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-464-000]

ANR Pipeline Company; Notice of Intent To Prepare an
Environmental Assessment for the Proposed Storage Enhancement Project--
2008 and Request for Comments on Environmental Issues

October 27, 2006.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Storage Enhancement Project--
2008 (STEP-2008 Project) involving construction and operation of
facilities by ANR Pipeline Company (ANR) in Kalkaska County, Michigan.
The STEP-2008 Project would convert the nearly depleted Cold Springs 1
production reservoir into a gas storage facility.
    This notice announces the opening of the scoping period that will
be used to gather environmental input from the public and interested
agencies on the project. Please note that the scoping period will close
on November 28, 2006.
    This notice is being sent to potentially affected landowners;
Federal, State, and local government agencies; elected officials;
environmental and public interest groups; Native American Tribes, other
interested parties; local libraries and newspapers. State and local
government representatives are asked to notify their constituents of
this planned project and encourage them to comment on their areas of
concern.
    If you are a landowner receiving this notice, you may be contacted
by a pipeline company representative about the acquisition of an
easement to construct, operate, and maintain the proposed facilities.
The pipeline company would seek to negotiate a mutually acceptable
agreement. However, if the project is approved by the Commission, that
approval conveys with it the right of eminent domain. Therefore, if
easement negotiations fail to produce an agreement, the pipeline
company could initiate condemnation

proceedings in accordance with State law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' is available for
viewing on the FERC Internet Web site (http://www.ferc.gov). This fact

sheet addresses a number of typically asked questions, including the
use of eminent domain and how to participate in the Commission's
proceedings.

Summary of the Proposed Project \1\
---------------------------------------------------------------------------

    \1\ ANR's application was filed with the Commission under
section 7 of the Natural Gas Act and Part 157 of the Commission's
regulations.
---------------------------------------------------------------------------

    To achieve the conversion of the nearly depleted Cold Springs 1
production reservoir into a gas storage facility and to provide the
increased deliverability, ANR proposes to drill six new injection/
withdrawal wells, construct a 7,000-horsepower compressor station,
install a 500-foot-long gathering pipeline, install 700 feet of 20-
inch-diameter transmission pipeline, install a 500-foot-long liquid re-
injection pipeline, and convert the existing State Blue Lake No. 1-6
Well to an observation well. An existing 2.4-mile-long, 24-inch-
diameter pipeline would connect the storage field to ANR's interstate
pipeline system. The STEP-2008 Project would provide 14.7 billion cubic
feet of incremental storage capacity and increased deliverability to
satisfy the market demand for storage services. The maximum reservoir
pressure would be 4,680 pounds per square inch absolute at the base of
the caprock which is about 6,500 feet deep.
    The general location of ANR's proposed facilities is shown on the
map attached as Appendix 1.\2\
---------------------------------------------------------------------------

    \2\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of all appendices, other
than Appendix 1 (maps), are avaialble on the Commission's Web site
at the ``eLibary'' link or from the Commission's Public Reference
Room, 888 First Street, NE., Washington, DC 20426, or call (202)
502-8371. For instructions on connecting to eLibary refer to the
last page of this notice. Copies of the appendices were sent to all
those receiving this notice in the mail.
---------------------------------------------------------------------------

Land Requirements for Construction

    Construction and operation of ANR's proposed facilities would
require about 26.2 acres of land. The amount of land required for
installation of the new wells, connecting pipelines, and access roads
would be about 13.5 acres. Following construction, about 2.4 acres
would be maintained as graveled well pads and access roads, and the
remaining 11.1 acres would be maintained as herbaceous cover along the
pipeline rights-of-way. The compressor station would require about 12.7
acres for both construction and operation on land that has been
previously disturbed. The proposed Cold Springs 1 storage field
boundary would encompass about 810 acres, including 155 acres within
the reservoir proper and about 655 acres of buffer area. Construction
of the proposed facilities would occur on land currently owned by ANR
or on state land that ANR plans to purchase.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impacts that could
result from an action whenever it considers the issuance of a
Certificate of Public Convenience and Necessity. The EA will be used by
the Commission in its decision-making process to determine whether the
project is in the public convenience and necessity. NEPA also requires
us \3\ to discover and address concerns the public may have about
proposals to be considered by the Commission. This process is referred
to as ``scoping''. The main goal of the scoping process is to focus the
analysis in the EA on the important environmental issues. By this
Notice of Intent, the Commission staff requests public comments on the
scope of the issues to address in the EA. All comments received are
considered during the preparation of the EA.
---------------------------------------------------------------------------

    \3\ ``We'', ``us'', and ``our'', refer to the environmental
staff of the Office of Energy Projects (OEP).
---------------------------------------------------------------------------

    By this notice, we are also asking Federal, State, and local
agencies with jurisdiction and/or special expertise with respect to
environmental issues to formally cooperate with us in the preparation
of the EA. Agencies that would like to request cooperating status
should follow the instructions for filing comments below (see Public
Participation).
    Our independent analysis of the issues will be included in the EA.
Depending on the comments received during the scoping process, the EA
may be published and mailed to Federal, State, and local agencies,
public interest groups, interested individuals, affected landowners,
newspapers, libraries, and the Commission's official service list for
this proceeding. A comment period will be allotted for review if the EA
is published. We will consider all comments on the EA before we make
our recommendations to the Commission.

Currently Identified Environmental Issues

    In the EA, we will discuss impacts that could occur as a result of
the construction and operation of the project. We will also evaluate
possible alternatives to the proposed project or portions of the
project.
    We have already identified some issues that we think deserve
attention based on a preliminary review of the proposed facilities and
environmental information provided by ANR. This preliminary list of
issues may be changed based on your comments and our analysis.
     Potential noise levels due to the operation of the
compressor stations; and
     Conversion of about 13.5 acres of state owned land to
private land.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. By becoming a commenter, your
concerns will be addressed in the EA and considered by the Commission.
Your comments should focus on the potential environmental effects of
the proposal, reasonable alternatives to the proposal (including
alternative locations and routes), and measures to avoid or lessen
environmental impact. The more specific your comments, the more useful
they will be. Please carefully follow these instructions to ensure that
your comments are received in time and properly recorded:
     Send an original and two copies of your letter to: Magalie
R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First
St., NE., Room 1A, Washington, DC 20426.
     Label one copy of the comments for the attention of Gas
Branch 1;
     Reference Docket No. CP06-464-000; and
     Mail your comments so that they will be received in
Washington, DC on or before November 28, 2006.
    Please note that the Commission strongly encourages electronic
filing of any comments or interventions or protests to this proceeding.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site at http://www.ferc.gov under the ``e-Filing'' link and the

link to the User's Guide. Before you can file comments you will need to
create an account which can be created on-line.

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an official party to the

proceeding, or ``intervenor''. To become an intervenor you must file a
motion to intervene according to Rule 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.214). Intervenors have the right to
seek rehearing of the Commission's decision. Motions to Intervene
should be electronically submitted using the Commission's eFiling
system at http://www.ferc.gov. Persons without Internet access should

send an original and 14 copies of their motion to the Secretary of the
Commission at the address indicated previously. Persons filing Motions
to Intervene on or before the comment deadline indicated above must
send a copy of the motion to the Applicant. All filings, including late
interventions, submitted after the comment deadline must be served on
the Applicant and all other intervenors identified on the Commission's
service list for this proceeding. Persons on the service list with e-
mail addresses may be served electronically; others must be served a
hard copy of the filing.
    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your environmental comments considered.

Environmental Mailing List

    An effort is being made to send this notice to all individuals,
organizations, and government entities interested in and/or potentially
affected by the proposed project. This includes all landowners who are
potential right-of-way grantors, whose property may be used temporarily
for project purposes, or who own homes within distances defined in the
Commission's regulations of certain aboveground facilities. If you wish
to remain on our environmental mailing list, please return the
Information Request form included in Appendix 2. If you do not return
this form, you will be removed from our mailing list.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link.

Click on the eLibrary link, click on ``General Search'' and enter the
docket number excluding the last three digits in the Docket Number
field (i.e., CP06-464). Be sure you have selected an appropriate date
range. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,

contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.

Magalie R. Salas,
Secretary.
[FR Doc. E6-18540 Filed 11-2-06; 8:45 am]

BILLING CODE 6717-01-P