[Federal Register: August 8, 2008 (Volume 73, Number 154)]
[Rules and Regulations]
[Page 46191-46192]
[DOCID:fr08au08-3]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-0785]

Drawbridge Operation Regulations; Shrewsbury River, Route 36
Bridge, Highlands, NJ, Schedule Change

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for
comments.

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

SUMMARY: The Commander, First Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Route 36 Bridge, across the Shrewsbury River, mile 1.8, at Highlands,
New Jersey. This deviation will test a change to the drawbridge
operation schedule to determine whether a permanent change to the
schedule is needed. This deviation will allow the bridge to open on
signal for all marine traffic once an hour on the hour between 4 p.m.
and 7 p.m. on weekends and holidays.

DATES: This deviation is effective from 4 p.m. on August 2, 2008,
through 7 p.m. on September 1, 2008. Comments must reach the Coast
Guard on or before November 1, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0785 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building ground floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    (4) Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mr. Gary Kassof, Project Officer,
First Coast Guard District,<PHONE_NUMBER>.
    If you have questions on viewing or submitting material to the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related material. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation to use the Docket Management Facility.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0785), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and materials by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and materials by only one
means. If you submit them by mail or 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 them 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. We may change this
proposed rule in view of them.

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 at
any time. Enter the docket number for this rulemaking (USCG-2008-0785)
in the Search box, and click ``Go>>.'' You may also visit either 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 20590-0001, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays; or First Coast Guard District,
Bridge Branch, One South Street, New York, NY 10004, between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of all 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, system of
records notice regarding our public dockets in the January 17, 2008,
issue of the Federal Register (73 FR 3316).

Public Meeting

    We do not plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one 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.

Background and Purpose

    The Route 36 Bridge has a vertical clearance in the closed position
of 35 feet at mean high water and 39 feet at mean low water. The
existing drawbridge operation regulations are listed at 33 CFR
117.755(a). The bridge presently opens on the hour and half hour
between 7 a.m. and 8 p.m. from May 15 through October 15, and on signal
from 8 p.m. to 11 p.m. From 11 p.m. to 7 a.m. the bridge opens on
signal after a four-hour advance notice is given.
    The Shrewsbury River is navigated predominantly by recreational
power boats and sail boats of various sizes.
    Currently only one lane of vehicular traffic is open northbound on
the Route 36 Bridge due to the Highlands Bridge replacement project
presently underway. Two lanes of vehicular traffic were closed in early
July 2008, to facilitate the new bridge construction.
    As a result of the vehicular travel lane closures traffic
congestion has become a major concern to motorists and local officials.
The nearby Gateway National Recreation Area, operated by the National
Park Service, has been particularly impacted on weekends by traffic
delays as a result of the bridge construction and drawbridge openings
for vessel traffic.
    The National Park Service, the New Jersey Department of
Transportation, and local officials have made various adjustments to
traffic control to help mitigate the vehicular traffic congestion;
however, the traffic congestion on weekends in the afternoon continues
to be a major safety concern when motorists are exiting the Sandy Hook
area and the Gateway National Recreation Park.
    As a result, the National Park Service requested a temporary
deviation from the drawbridge operation regulations to test an
alternate drawbridge operation schedule to help better balance the
needs between vehicular land traffic and marine vessel traffic.
    Under this temporary deviation, in effect from August 2, 2008
through September 1, 2008, the Route 36 Bridge at mile 1.8, across the
Shrewsbury River, shall operate as follows:
    Monday through Friday, the draw shall open on signal, from 7 a.m.
to 8 p.m., on the hour and half hour only. From 8 p.m. to 11 p.m. the
draw shall open on signal. From 11 p.m. to 7 a.m. the draw shall open
on signal after at least a four-hour notice is given by calling 732-
872-1052.
    Saturday, Sunday and Labor Day, the draw shall open on signal from
7 a.m. to 4 p.m., and 7 p.m. to 8 p.m. on the hour and half hour only.
From 4 p.m. to 7 p.m. the draw shall open on signal once an hour, on
the hour only. From 8 p.m. to 11 p.m. the draw shall open on signal.
From 11 p.m. to 7 a.m. the draw shall open on signal after at least a
four-hour advance notice is given by calling<PHONE_NUMBER>.
    In accordance with 33 CFR 117.35(e), the bridge must return to its
regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: July 31, 2008.
Gary Kassof,
Bridge Program Manager, First Coast Guard District.
[FR Doc. E8-18312 Filed 8-7-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Notices]
[Page 52148]
[FR Doc No: 2023-16709]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-131-000]

East Tennessee Natural Gas, LLC; Notice of Waiver Period for
Water Quality Certification Application

    On July 20, 2023, East Tennessee Natural Gas, LLC submitted to the
Federal Energy Regulatory Commission (Commission) a copy of its
application for a Clean Water Act section 401(a)(1) water quality
certification filed with the Tennessee Department of Environment and
Conservation, in conjunction with the above captioned project. Pursuant
to 40 CFR 121.6 and section 157.22(b) of the Commission's
regulations,\1\ we hereby notify the Tennessee Department of
Environment and Conservation of the following:
---------------------------------------------------------------------------

    \1\ 18 CFR 157.22.
---------------------------------------------------------------------------

    Date of Receipt of the Certification Request: June 26, 2023.
    Reasonable Period of Time to Act on the Certification Request: June
26, 2024.
    If the Tennessee Department of Environment and Conservation fails
or refuses to act on the water quality certification request by the
above waiver date, then the agency certifying authority is deemed
waived pursuant to section 401(a)(1) of the Clean Water Act, 33 U.S.C.
1341(a)(1).

    Dated: July 31, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-16709 Filed 8-4-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Proposed Rules]
[Pages 41632-41633]
[FR Doc No: 2022-14779]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0824; Airspace Docket No. 21-ASO-33]
RIN 2120-AA66

Proposed Amendment and Revocation of Area Navigation (RNAV)
Routes; Southeastern and Northeastern United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: This action proposes to amend Area Navigation (RNAV) route Q-
81 to realign a portion of the route to improve traffic flows, and to
remove Canadian RNAV route Q-947 at the request of NavCanada. These
changes would support the Northeast Corridor Atlantic Coast Route
Project.

DATES: Comments must be received on or before August 12, 2022.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 1
(800) 647-5527 or<PHONE_NUMBER>. You must identify FAA Docket No. FAA-
2022-0824; Airspace Docket No. 21-ASO-33 at the beginning of your
comments. You may also submit comments through the internet at http://www.regulations.gov.
    FAA Order JO 7400.11F, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it expands the availability of RNAV routes in the National
Airspace System, increases airspace capacity, and reduces complexity in
high air traffic volume areas.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2022-0824; Airspace Docket No. 21-ASO-33) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2022-0824; Airspace Docket No. 21-ASO-33.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRM

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/. You may
review the public docket containing the proposal, any comments received
and any final disposition in person in the Dockets Office (see
ADDRESSES section for address and phone number) between 9:00 a.m. and
5:00 p.m., Monday through Friday, except Federal holidays. An informal
docket may also be examined during normal business hours at the office
of the Eastern Service Center, Federal Aviation Administration, Room
210, 1701 Columbia Ave., College Park, GA 30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, Airspace
Designations and Reporting Points, issued August 10. 2021, and
effective September 15, 2021. FAA Order JO 7400.11F is publicly
available as listed in the ADDRESSES section of this proposed rule. FAA
Order JO 7400.11F lists Class A, B, C, D, and E airspace areas, air
traffic service routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to modify Q-81
in the southeastern United States, and removing Canadian route Q-947 in
the northeastern United States.
    Q-81: Q-81 currently extends from the TUNSL, FL., waypoint (WP), to
the HONID, GA, WP. This proposal would amend the current route segments
between the FIPES, OG, WP and the FARLU, FL, WP, by removing the THMPR,
FL, WP and the LEEHI, FL, WP, and inserting the ZEILR, FL, Fix, and the
PIKKR, OG, WP. The effect of this change would be to realign the track

of Q-81 by between one nautical mile (NM) and 10.5 NM to the west of
its current path. This change would assist with traffic flow, conflict
avoidance, and prevent excessive coordination for air traffic
controllers. In addition, the FAA proposes to remove the following WPs
from the legal description of Q-81: MGNTY, FL; BITNY, OG; SNAPY, FL;
and IPOKE, GA. Because they do not denote a route turn point, these WPs
are not required to be included in the Q-81 legal description. However,
these points will continue to be depicted on the IFR En Route charts
because they are used for air traffic control purposes. The proposed
full route description of Q-81 is set out in the amendments to part 71
below.
    The abbreviation ``OG'' is used in place of a state abbreviation
for the FIPES, PIKKR, and BITNY WPs. OG means ``Offshore Gulf of
Mexico'' indicating that those points overlie international waters.
    This action also proposes to remove portions of Canadian RNAV route
Q-947.
    Q-947: Segments of Q-947 extend from the REVEN, Canada, WP; to the
TOPPS, ME, WP; to the CUZWA, ME, WP; then back into Canada at the
DUVOK, Canada, WP. NavCanada requested that these segments be removed
due to potential conflicts with aircraft departures from Halifax, Nova
Scotia (YHZ).
    United States Area Navigation Routes are published in paragraph
2006 and Canadian Area Navigation Routes are published in paragraph
2007 of FAA Order JO 7400.11F, dated August 10, 2021, and effective
September 15, 2021, which is incorporated by reference in 14 CFR 71.1.
RNAV routes listed in this document would be subsequently published in
and removed from FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this rule, when
promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

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

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

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021 and effective September 15, 2021, is amended as follows:

Paragraph 2006 United States Area Navigation Routes.

* * * * *

Q-81 TUNSL, FL to HONID, GA [Amended]

TUNSL, FL                     WP                  (Lat. 24[deg]54'02.43'' N, long. 081[deg]31'02.80'' W)
KARTR, FL                     FIX                 (Lat. 25[deg]29'45.76'' N, long. 081[deg]30'46.24'' W)
FIPES, OG                     WP                  (Lat. 25[deg]41'30.15'' N, long. 081[deg]37'13.79'' W)
ZEILR, FL                     WP                  (Lat. 26[deg]38'13.17'' N, long. 082[deg]22'27.71'' W)
PIKKR, OG                     WP                  (Lat. 26[deg]56'24.43'' N, long. 082[deg]41'25.28'' W)
FARLU, FL                     WP                  (Lat. 27[deg]45'32.56'' N, long. 082[deg]50'43.77'' W)
ENDEW, FL                     WP                  (Lat. 28[deg]18'01.73'' N, long. 082[deg]55'56.70'' W)
NICKI, FL                     WP                  (Lat. 29[deg]15'20.19'' N, long. 083[deg]20'31.80'' W)
BULZI, FL                     WP                  (Lat. 30[deg]22'24.93'' N, long. 084[deg]04'34.47'' W)
HONID, GA                     WP                  (Lat. 31[deg]38'50.31'' N, long. 084[deg]23'42.60'' W)

* * * * *

Paragraph 2007 Canadian Area Navigation Routes.

* * * * *

Q-947 [Remove]

* * * * *

    Issued in Washington, DC, on July 6, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-14779 Filed 7-12-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 48 (Monday, March 12, 2012)]
[Notices]
[Pages 14583-14584]
[FR Doc No: 2012-5806]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice to Manufacturers of Alternative Fuel Vans

AGENCY: Federal Aviation Administration (FAA), U.S. DOT.

ACTION: Notice to Manufacturers of Alternative Fuel Vans.

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

SUMMARY: Projects funded under the Airport Improvement Program (AIP)
must meet the requirements of 49 U.S.C. 50101, Buy American
Preferences. The Federal Aviation Administration (FAA) is considering
issuing waivers to foreign manufacturers of alternative fuel vans. This
notice requests information from manufacturers of alternative fuel vans
meeting Vehicle 1 Category requirements established in the Voluntary
Airport Low Emission Program (VALE) to determine whether a waiver to
the Buy American Preferences should be issued.

FOR FURTHER INFORMATION CONTACT: Mr. Daniel Favarulo, Airports
Financial Assistance, APP 520, Room 619, FAA, 800 Independence Avenue
SW., Washington, DC 20591, Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Aviation Administration (FAA)
manages a federal grant program for airports called the Airport
Improvement Program (AIP). AIP grant recipients must follow 49 U.S.C.
50101, Buy American Preferences. Under 49 U.S.C. 50101(b)(3), the
Secretary of Transportation may waive the Buy American Preference
requirement if the goods are not produced in a sufficient and
reasonably available amount or are not of a satisfactory quality.
    The purpose of this notice is to request foreign as well as
domestic manufacturers of alternative fuel vans to advise the FAA if
they manufacture vans meeting Vehicle Category 1 requirements under the
FAA's Voluntary Airport Low Emission Program (VALE). The detailed
instructions for submitting the qualifications statement, including
forms, may be found on the FAA Web site at: http://www.faa.gov/airports/aip/procurement/ at the Buy American Requirements Web page.
The FAA wants to determine if there is sufficient quantity of domestic
alternative fuel van manufacturers capable of meeting the requirements
under Vehicle Category 1 of the FAA's Voluntary Airport Low Emission
Program (VALE). If the FAA cannot find that there is sufficient
quantity of domestic manufacturers, it will issue a nationwide waiver
to the foreign manufacturers identified as being capable of meeting the
Vehicle Category 1 requirements.
    Technical Requirements: The FAA's Voluntary Airport Low Emission
Program (VALE) Technical Report Version 7.0 Section 3.1.1, AIP Eligible
Fuels, defines the eligible alternative fuels. In addition, the FAA's
Voluntary Airport Low Emission Program (VALE) Technical Report Version
7.0, Section 5.2, defines the requirements for Vehicle Category 1.
    After review, the FAA may issue a nationwide waiver to Buy American
Preferences for foreign manufacturers or United States manufacturers
that do not meet the Buy American Preference requirements. Waivers will
not be issued for manufacturers that do not fully meet the technical
requirements. This ``nationwide waiver'' allows equipment to be used on
airport projects without having to receive separate project waivers.
Having a nationwide waiver allows projects to start quickly

without have to wait for the Buy American analysis to be completed for
every project, while still assuring the funds used for airport projects
meet the requirements of the Act. Items that have been granted a
``nationwide waiver'' can be found on the FAA Web site at: http://www.faa.gov/airports/aip/procurement/federal_contract_provisions/ at
the tab entitled, Equipment Meeting Buy American Requirements.

    Issued in Washington, DC on March 5, 2012.
Frank J. San Martin,
Manager, Airports Financial Assistance Division.
[FR Doc. 2012-5806 Filed 3-9-12; 8:45 am]
BILLING CODE P


[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Notices]
[Pages 5446-5447]
[FR Doc No: 2020-01655]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2018-N-3442; FDA-2013-N-0557; FDA-2013-N-0514; FDA-
2013-N-0190; FDA-2013-N-1428; FDA-2019-N-0075; FDA-2016-N-2544; FDA-
2019-N-2778; FDA-2012-N-0977; FDA-2013-N-0823; FDA-2009-N-0380; FDA-
2013-N-1147; FDA-2010-N-0117; FDA-2010-D-0350; FDA-2010-D-0319; FDA-
2012-D-0530; and FDA-2016-N-2683]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approvals

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is publishing a list of
information collections that have been approved by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St. North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The following is a list of FDA information
collections recently approved by OMB under section 3507 of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3507). The OMB control
number and expiration date of OMB approval for each information
collection are shown in table 1. Copies of the supporting statements
for the information collections are available on the internet at http://www.reginfo.gov/public/do/PRAMain. An Agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.

        Table 1--List of Information Collections Approved By OMB
------------------------------------------------------------------------
                                            OMB control    Date approval
           Title of collection                number          expires
------------------------------------------------------------------------
Web-Based Pilot Survey to Assess Allergy       0910-0881       1/31/2021
 to Cosmetics in the United States......
Postmarket Surveillance of Medical             0910-0449      11/30/2022
 Devices................................
Administrative Procedures for Clinical         0910-0607      11/30/2022
 Laboratory Improvement Amendments
 Categorization.........................

Requirements Under the Comprehensive           0910-0671      11/30/2022
 Smokeless Tobacco Health Education Act
 of 1986, as Amended by the Family
 Smoking Prevention and Tobacco Control
 Act....................................
Electronic Drug Product Reporting for          0910-0827      11/30/2022
 Human Drug Compounding Outsourcing
 Facilities Under Section 503B of the
 Federal Food, Drug, and Cosmetic Act...
Experimental Study on Measuring Consumer       0910-0880      11/30/2022
 Comprehension of Displays of Harmful
 and Potentially Harmful Constituents in
 Tobacco Products and Tobacco Smoke.....
Medical Devices; Current Good                  0910-0073      12/31/2022
 Manufacturing Practice Quality System
 Regulation.............................
Threshold of Regulation for Substances         0910-0298      12/31/2022
 Used in Food-Contact Articles..........
Regulations Restricting the Sale and           0910-0312      12/31/2022
 Distribution of Cigarettes and
 Smokeless Tobacco to Protect Children
 and Adolescents........................
Format and Content Requirements for Over-      0910-0340      12/31/2022
 the-Counter Drug Product Labeling......
Product Jurisdiction: Assignment of            0910-0523      12/31/2022
 Agency Component for Review of
 Premarket Applications.................
Preparing a Claim of Categorical               0910-0541      12/31/2022
 Exclusion or an Environmental
 Assessment for Submission to the Center
 for Food Safety and Applied Nutrition..
Hypertension Indication: Drug Labeling         0910-0670      12/31/2022
 for Cardiovascular Outcome Claims......
Guidance for Tobacco Retailers on              0910-0745      12/31/2022
 Tobacco Retailer Training Programs.....
Dear Health Care Provider Letters:             0910-0754      12/31/2022
 Improving Communication of Important
 Safety Information.....................
Requests for Feedback on Medical Device        0910-0756      12/31/2022
 Submissions............................
Data to Support Social and Behavioral          0910-0847      12/31/2022
 Research as Used by the Food and Drug
 Administration.........................
------------------------------------------------------------------------

    Dated: January 24, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-01655 Filed 1-29-20; 8:45 am]
 BILLING CODE 4164-01-P


Meeting Notes

EPA and the American Paper and Forest Association

February 3, 2004

On February 3, 2004, EPA met with representatives of the American Forest
and Paper Association to discuss their comments on the proposed rule to
redefine solid waste. In attendance:

Ingrid Rosencrantz		EPA/HWID

Mike Franklin			Temple-Inland, Inc

Amy Schaffer			Weyerhaeuser

Saul Furstein			Georgia-Pacific

Rich Wasserstrom		AF&PA

Dave Fagan			EPA/HWID

MaryBeth Sheridan		EPA/HWID

Charlotte Mooney		EPA/HWID

Bob Dellinger			EPA/HWID

Van Maltby			NCASI

The American Forest and Paper Association met with EPA to discuss some
comments on the proposed definition of solid waste rulemaking,
particularly that they support leaving the existing exclusion relevant
to their operations in place in the regulations and to discuss the
toxics along for the ride provision of the proposed legitimacy criteria
when there is no analogous product to compare a product from secondary
materials to.


[Federal Register Volume 79, Number 14 (Wednesday, January 22, 2014)]
[Rules and Regulations]
[Pages 3504-3506]
[FR Doc No: 2014-01069]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0675; FRL-9905-62-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Section 110(a)(2) Infrastructure Requirements for the
2010 Nitrogen Dioxide National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of West
Virginia pursuant to the Clean Air Act (CAA). Whenever new or revised
National Ambient Air Quality Standards (NAAQS) are promulgated, the CAA
requires states to submit a plan for the implementation, maintenance,
and enforcement of such NAAQS. The plan is required to address basic
program elements, including, but not limited to regulatory structure,
monitoring, modeling, legal authority, and adequate resources necessary
to assure attainment and maintenance of the standards. These elements
are referred to as infrastructure requirements. The State of West
Virginia has made a submittal addressing the infrastructure
requirements for the 2010 nitrogen dioxide NAAQS.

DATES: This final rule is effective on February 21, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2013-0675. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the West Virginia Department of
Environmental Protection, Division of Air Quality, 601 57th Street SE.,
Charleston, West Virginia 25304.

FOR FURTHER INFORMATION CONTACT: Ellen Schmitt,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Summary of SIP Revision

    On November 1, 2013 (78 FR 65593), EPA published a notice of
proposed rulemaking (NPR) for the State of West Virginia proposing
approval of West Virginia's December 13, 2012 submittal to satisfy
several requirements of section 110(a)(2) of the CAA for the 2010
nitrogen dioxide NAAQS. The NPR proposed approval of the following
infrastructure elements: CAA section 110(a)(2)(A), (B), (C), (D), (E),
(F), (G), (H), (J), (K), (L), and (M), or portions thereof. EPA is
taking separate action on the portions of section 110(a)(2)(C),
(D)(i)(II), and (J) as they relate to West Virginia's prevention of
significant deterioration (PSD) program and on section 110(a)(2)(E)(ii)
as it relates to section 128 (State Boards). West Virginia did not
submit section 110(a)(2)(I) which pertains to the nonattainment
requirements of part D, Title I of the CAA, since this element is not
required to be submitted by the 3-year submission deadline of section
110(a)(1), and will be addressed in a separate process.
    The rationale supporting EPA's proposed rulemaking action,
including the scope of infrastructure SIPs in general, is explained in
the NPR and the technical support document (TSD) accompanying the NPR
and will not be restated here. The TSD is available online at
www.regulations.gov, Docket ID Number EPA-R03-OAR-2013-0675. No public
comments were received on the NPR.

II. Final Action

    EPA is approving West Virginia's SIP revision regarding the
infrastructure

program elements specified in CAA section 110(a)(2)(A), (B), (C), (D),
(E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof,
necessary to implement, maintain, and enforce the 2010 nitrogen dioxide
NAAQS. EPA is taking separate rulemaking action on the portions of
section 110(a)(2)(C), (D)(i)(II), and (J) as they relate to West
Virginia's PSD program and section 110(a)(2)(E)(ii) as it relates to
section 128 (State Boards). This rulemaking action does not include
section 110(a)(2)(I) of the CAA which pertains to the nonattainment
requirements of part D, Title I of the CAA, since this element is not
required to be submitted by the 3-year submission deadline of section
110(a)(1), and will be addressed in a separate process.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 24, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action, which approves the CAA section 110(a)(2)
infrastructure requirements of West Virginia for the 2010 nitrogen
dioxide NAAQS, may not be challenged later in proceedings to enforce
its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Reporting and recordkeeping requirements, nitrogen dioxide.

    Dated: December 23, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart XX--West Virginia

0
2. In Sec.  52.2520, the table in paragraph (e) is amended by adding an
entry at the end of the table for Section 110(a)(2) Infrastructure
Requirements for the 2010 nitrogen dioxide NAAQS. The amendments read
as follows:

Sec.  52.2520   Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                                          State
   Name of non-regulatory SIP          Applicable       submittal    EPA approval date    Additional explanation
            revision                geographic area        date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 110(a)(2) Infrastructure  Statewide..........     12/13/12  1/22/14 [Insert      This action addresses
 Requirements for the 2010                                           Federal Register     the following CAA
 nitrogen dioxide NAAQS.                                             page number where    elements:
                                                                     the document         110(a)(2)(A), (B),
                                                                     begins and date].    (C), (D), (E), (F),
                                                                                (G), (H), (J), (K),
                                                                                (L), and (M), or
                                                                                portions thereof.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2014-01069 Filed 1-21-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 194 (Friday, October 7, 2022)]
[Notices]
[Page 61109]
[FR Doc No: 2022-22073]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: Notice is hereby given, pursuant to the provisions of
the Government in the Sunshine Act, Public Law 94-409, that the
Securities and Exchange Commission will hold an Open Meeting on
Wednesday, October 12, 2022 at 10:00 a.m.

PLACE: The meeting will be webcast on the Commission's website at
www.sec.gov.

STATUS: This meeting will begin at 10:00 a.m. (ET) and will be open to
the public via webcast on the Commission's website at www.sec.gov.

MATTERS TO BE CONSIDERED: The Commission will consider whether to adopt
certain rule amendments regarding the electronic recordkeeping and
prompt production of records requirements for broker-dealers, security-
based swap dealers, and major-security based swap participants under
the Securities Exchange Act of 1934.

CONTACT PERSON FOR MORE INFORMATION: For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact Vanessa A. Countryman from the Office of the Secretary
at<PHONE_NUMBER>.

    (Authority: 5 U.S.C. 552b.)

    Dated: October 5, 2022.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2022-22073 Filed 10-5-22; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Rules and Regulations]
[Pages 55697-55699]
[FR Doc No: 2022-19552]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2021-0855; FRL-8941-02-R3]

Air Plan Approval; Virginia; Negative Declaration Certification
for the 2015 Ozone National Ambient Air Quality Standard for the 2016
Oil and Natural Gas Control Techniques Guidelines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Commonwealth of
Virginia. The revision provides Virginia's determination for the 2015
Ozone national ambient air quality standards (NAAQS), via a negative
declaration, that there are no sources within the Northern Virginia
volatile organic compound (VOC) Emissions Control Area subject to EPA's
2016 Oil and Natural Gas control techniques guidelines (2016 Oil and
Gas CTG). The negative declaration covers only the 2016 Oil and Gas CTG
and asserts that there are no sources subject to this CTG located in
the Northern Virginia VOC Emissions Control Area. EPA is approving
these revisions to the Virginia SIP in accordance with the requirements
of the Clean Air Act (CAA).

DATES: This final rule is effective on October 12, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2021-0855. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through //
www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Om P. Devkota, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, Four Penn Center, 1600
John F. Kennedy Boulevard, Philadelphia, Pennsylvania 19103. The
telephone number is<PHONE_NUMBER>. Mr. Devkota can also be reached via
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On June 27, 2022 (87 FR 38046), EPA published a notice of proposed
rulemaking (NPRM) for the Commonwealth of Virginia. In the NPRM, EPA
proposed approval of a state implementation plan (SIP) revision
submitted by the Commonwealth of Virginia. This revision provides
Virginia's determination for the 2015 Ozone NAAQS, via a negative
declaration, that there are no sources within the Northern Virginia VOC
Emissions Control Area subject to EPA's 2016 Oil and Gas CTG. The 2016
Oil and Gas CTG provides information to state, local, and tribal air
agencies to assist them in determining reasonably available control
technology (RACT) for VOC emissions from select oil and natural gas
industry emission sources. Section 182(b)(2)(A) of the CAA requires
that for ozone nonattainment areas classified as Moderate or above,
states must revise their SIPs to include provisions to implement RACT
for each category of VOC sources covered by a CTG document issued
between November 15, 1990, and the date of attainment. Section
184(b)(1)(B) of the CAA extends this requirement to states and areas in
the Ozone Transport Region (OTR). The term ``negative declaration''
means that the State has explored whether any facilities meeting the
applicability requirements of the CTG exist within the State and
concluded that there are no such sources. The negative declaration
covers only the 2016 Oil and Gas CTG and asserts that there are no
sources subject to this CTG located in the Northern Virginia VOC
Emissions Control Area. The formal SIP revision was submitted by
Virginia on August 9, 2021. States with no applicable sources for a
specific CTG may submit as a SIP revision a negative declaration
stating that there are no applicable sources in the state.

II. Summary of SIP Revision and EPA Analysis

    The Northern Virginia area consisting of Arlington County, Fairfax
County, Loudoun County, Prince William County, Stafford County,
Alexandria City, Fairfax City, Falls Church City, Manassas City, and
Manassas Park City is in the OTR and is subject to this 2016 Oil and
Natural Gas CTG. According to Virginia's August 9, 2021 submittal,
VADEQ conducted a review of potential sources subject to the 2016 Oil
and Gas CTG and found that there are no sources located in the Northern
Virginia area subject to the terms of this CTG for purposes of the 2015
ozone NAAQS. Notwithstanding VADEQ's finding that there are no VOC
sources in the Northern Virginia area subjected to RACT by the 2016 Oil
and Gas CTG, VADEQ identified facilities in Northern Virginia defined
by the 2016 Oil and Gas CTG as part of the oil and natural gas
industry. Specifically, VADEQ identified certain natural gas compressor
stations in the Northern Virginia area, but determined that these are
``downstream'' of the point of custody transfer to the natural gas
transmission and storage segment. Compressor stations located in the
transmission and storage segment of the oil and gas industry are not
subject to any RACT requirements specified by the 2016 Oil and Gas CTG.
    Other specific requirements of Virginia's negative declaration
certification for the 2016 Oil and Natural Gas CTG for the 2015 Ozone
NAAQS and the rationale for EPA's proposed action are explained in the
NPRM, and will not be restated here. No public comments were received
on the NPRM.

III. Final Action

    EPA is approving the Negative Declaration Certification for the
2016 Oil and Natural Gas Control Techniques Guidelines for the 2015
Ozone NAAQS as a revision to the Virginia SIP.

IV. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to

certain conditions, for a penalty waiver for violations of
environmental laws when a regulated entity discovers such violations
pursuant to a voluntary compliance evaluation and voluntarily discloses
such violations to the Commonwealth and takes prompt and appropriate
measures to remedy the violations. Virginia's Voluntary Environmental
Assessment Privilege Law, Va. Code Sec. 10.1-1198, provides a privilege
that protects from disclosure documents and information about the
content of those documents that are the product of a voluntary
environmental assessment. The Privilege Law does not extend to
documents or information that: (1) are generated or developed before
the commencement of a voluntary environmental assessment; (2) are
prepared independently of the assessment process; (3) demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts. . . .'' The opinion
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the CAA is likewise unaffected by
this, or any, state audit privilege or immunity law.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land as
defined in 18 U.S.C. 1151 or in any other area where EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 14, 2022. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action which is a negative declaration for the 2016 Oil
and Gas CTG for the Commonwealth of Virginia may not be challenged
later in

proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

Diana Esher,
Acting Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (e)(1) is amended by adding
the entry ``CTG Negative Declarations Certification for the 2015 Ozone
National Ambient Air Quality Standard for the 2016 Oil and Gas CTG'' at
the end of the table to read as follows:

Sec.  52.2420   Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
    Name of non-regulatory SIP          Applicable           State                                Additional
             revision               geographical area   submittal date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
CTG Negative Declaration           Northern Virginia            8/9/21  9/12/22, [Insert     Certifies negative
 Certification for the 2015 Ozone   VOC emissions                        Federal Register     declaration for
 National Ambient Air Quality       control area.                        citation].           the 2016 Oil and
 Standard for the 2016 Oil and                                                                Gas CTG.
 Gas CTG.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2022-19552 Filed 9-9-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 205 (Monday, October 24, 2011)]
[Notices]
[Pages 65713-65714]
[FR Doc No: 2011-27315]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

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

    Docket Numbers: EC12-8-000.
    Applicants: Plymouth Rock Energy, LLC.
    Description: Application for Approval Under Section 203 of Plymouth
Rock Energy, LLC.
    Filed Date: 10/13/2011.
    Accession Number: 20111013-5161.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 03, 2011.

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

    Docket Numbers: ER10-1577-001.
    Applicants: Dogwood Energy LLC.
    Description: Notification of Change in Status of Dogwood Energy
LLC.
    Filed Date: 10/13/2011.
    Accession Number: 20111013-5124.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 03, 2011.

    Docket Numbers: ER11-4330-001.
    Applicants: ISO New England Inc., Vermont Electric Cooperative,
Inc.
    Description: ISO New England Inc. submits tariff filing per
35.17(b): Supplemental Filing to Schedule 21-VEC Revisions to be
effective 4/1/2011.
    Filed Date: 10/13/2011.
    Accession Number: 20111013-5033.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 03, 2011.

    Docket Numbers: ER11-4673-002.
    Applicants: Air Liquide Large Industries U.S. LP.
    Description: Air Liquide Large Industries U.S. LP submits tariff
filing

per 35: MBR Tariff to be effective 10/12/2011.
    Filed Date: 10/13/2011.
    Accession Number: 20111013-5125.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 03, 2011.

    Docket Numbers: ER12-71-000.
    Applicants: ISO New England Inc., The United Illuminating Company.
    Description: ISO New England Inc. submits tariff filing per
35.13(a)(2)(iii: United Illuminating Company Schedule 21 Tariff
Revisions to be effective 12/1/2011.
    Filed Date: 10/13/2011.
    Accession Number: 20111013-5038.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 03, 2011.

    Docket Numbers: ER12-72-000.
    Applicants: Public Service Company of New Mexico.
    Description: Public Service Company of New Mexico submits tariff
filing per 35.13(a)(2)(iii: PNM Revised NITSA and Revised NOA with
Navopache Electric Cooperative to be effective 11/14/2011.
    Filed Date: 10/13/2011.
    Accession Number: 20111013-5137.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 03, 2011.

    Docket Numbers: ER12-73-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Company submits tariff filing
per 35.13(a)(2)(iii: Section 205 Filing to Recover Abandonment Costs
and TO Tariff Modification to be effective 12/13/2011.
    Filed Date: 10/13/2011.
    Accession Number: 20111013-5146.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 03, 2011.

    Docket Numbers: ER12-74-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii: Incorporate Formulaic Process to Update Transmission
Owner Formula Rates to be effective 12/13/2011.
    Filed Date: 10/13/2011.
    Accession Number: 20111013-5151.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 03, 2011.

    Docket Numbers: ER12-75-000.
    Applicants: Public Power & Utility, Inc.
    Description: Public Power & Utility, Inc. submits tariff filing per
35.1: Market Based Rate Tariff Baseline to be effective 10/13/2011.
    Filed Date: 10/14/2011.
    Accession Number: 20111014-5000.
    Comment Date: 5 p.m. Eastern Time on Friday, November 04, 2011.

    Docket Numbers: ER12-75-001.
    Applicants: Public Power & Utility, Inc.
    Description: Public Power & Utility, Inc. submits tariff filing per
35: Revised Tariff to be effective 10/13/2011.
    Filed Date: 10/14/2011.
    Accession Number: 20111014-5002.
    Comment Date: 5 p.m. Eastern Time on Friday, November 04, 2011.

    Docket Numbers: ER12-76-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Company submits tariff filing
per 35.13(a)(2)(iii: Balancing Account Update 2012 (TRBAA, RSBAA, and
ECRBAA) to be effective 1/1/2012.
    Filed Date: 10/14/2011.
    Accession Number: 20111014-5005.
    Comment Date: 5 p.m. Eastern Time on Friday, November 04, 2011.

    Docket Numbers: ER12-77-000.
    Applicants: California Independent System Operator Corporation.
    Description: Petition for Approval of Disposition of Proceeds of
Penalty Assessment of the California Independent System Operator
Corporation.
    Filed Date: 10/13/2011.
    Accession Number: 20111013-5164.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 03, 2011.

    Docket Numbers: ER12-78-000.
    Applicants: Carolina Power & Light Company.
    Description: Carolina Power & Light Company submits tariff filing
per 35.13(a)(2)(iii: Rate Schedule No. 134 of Carolina Power and Light
Company to be effective 12/13/2011.
    Filed Date: 10/14/2011.
    Accession Number: 20111014-5030.
    Comment Date: 5 p.m. Eastern Time on Friday, November 04, 2011.

    Docket Numbers: ER12-79-000.
    Applicants: Carolina Power & Light Company.
    Description: Carolina Power & Light Company submits tariff filing
per 35.13(a)(2)(iii: Revised Rate Schedule No. 173 of Carolina Power
and Light Company to be effective 12/13/2011.
    Filed Date: 10/14/2011.
    Accession Number: 20111014-5031.
    Comment Date: 5 p.m. Eastern Time on Friday, November 04, 2011.

    Docket Numbers: ER12-80-000.
    Applicants: Carolina Power & Light Company.
    Description: Carolina Power & Light Company submits tariff filing
per 35.13(a)(2)(iii: Revised Rate Schedule No. 182 of Carolina Power
and Light Company to be effective 12/13/2011.
    Filed Date: 10/14/2011.
    Accession Number: 20111014-5033.
    Comment Date: 5 p.m. Eastern Time on Friday, November 04, 2011.

    Docket Numbers: ER12-81-000.
    Applicants: Public Service Company of Colorado.
    Description: Notice of Termination of Service Agreement 280-PSCo
bewteen PSCo and TSGT.
    Filed Date: 10/14/2011.
    Accession Number: 20111014-5072.
    Comment Date: 5 p.m. Eastern Time on Friday, November 04, 2011.

    Docket Numbers: ER12-82-000.
    Applicants: Public Service Company of Colorado.
    Description: Public Service Company of Colorado submits tariff
filing per 35.13(a)(2)(iii: 2011-10-14--PSCo--WAPA Malta SS Maint Agrmt
319 to be effective 10/15/2011.
    Filed Date: 10/14/2011.
    Accession Number: 20111014-5076.
    Comment Date: 5 p.m. Eastern Time on Friday, November 04, 2011.

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

    Docket Numbers: ES11-48-000.
    Applicants: Kentucky Utilities Company.
    Description: Amendment to Application of Kentucky Utilities
Company.
    Filed Date: 10/05/2011.
    Accession Number: 20111005-5115.
    Comment Date: 5 p.m. Eastern Time on Monday, October 24, 2011.

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

    Dated: October 14, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-27315 Filed 10-21-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: February 23, 2007 (Volume 72, Number 36)]
[Notices]
[Page 8217-8218]
[DOCID:fr23fe07-99]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55306; File No. SR-DTC-2006-21]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify Fee in Connection With Its Offering of a Mechanism by Which It
Collects and Passes-Through Fees Owed by Participants to American
Depositary Receipt Agents for Certain Issues

February 15, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on December 29, 2006, The
Depository Trust Company (``DTC'') 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 DTC. DTC filed the proposed rule change pursuant to Section
19(b)(3)(A)(ii) of the Act \2\ and Rule 19b-4(f)(2) \3\ thereunder so
that the proposal was effective upon filing with the Commission. The
Commission is publishing this notice to solicit comments on the rule
change from interested parties.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \3\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    The purpose of the rule change is to modify DTC's fee for offering
the mechanism by which it collects and passes-through fees owed by
participants to American Depositary Receipt (``ADR'') agents for
certain issues.

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

    In its filing with the Commission, DTC 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. DTC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.\4\
---------------------------------------------------------------------------

    \4\ The Commission has modified the text of the summaries
prepared by DTC.
---------------------------------------------------------------------------

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

    Typically, an ADR agent is authorized under its agreement with the
issuer to impose a custody fee on holders of the issue. A common
practice for collection of this fee is for the ADR agent to subtract
the amount of the fee from the gross dividend payable to the ADR
holders. This practice is effectuated by DTC announcing to participants
both the gross dividend rate and the net dividend rate after deduction
of the ADR custody fee, and the ADR agent paying DTC the net dividend
and DTC allocating the net dividend to participants. However, a number
of ADR issues do not pay periodic dividends, which prevents the
associated fees from being collected through the above-described
mechanism.
    Pursuant to discussions with industry representatives and in order
to facilitate a more efficient ADR fee collection process, DTC recently
introduced a mechanism by which it collects from participants and
passes through to ADR agents custody fees for issues that do not pay
periodic dividends as such fees are reported to DTC by the ADR
agents.\5\ DTC discussed that proposal with three divisions of the
Securities Industry Association (``SIA''), the Corporate Actions
Division, Dividends Division, and Securities Operations Divisions
(``SOD''). The SOD Regulatory and Clearance Committee prepared and sent
to DTC a memorandum on DTC's proposal. The memorandum concluded that
DTC should collect such fees through its normal monthly billing
process.\6\
---------------------------------------------------------------------------

    \5\ Securities Exchange Act Release No. 34-53970 (June 12,
2006), 71 FR 34974 (June 16, 2006) [File No. SR-DTC-2006-08].
    \6\ Memorandum from Albert Howell, Chairman, Regulatory &
Clearance Committee, Securities Operations Division, Securities
Industry Association, to William Hodash, Managing Director, The
Depository Trust and Clearing Company (March 7, 2006).
---------------------------------------------------------------------------

    In order to cover costs incurred in collecting fees associated with
ADR issues that do not pay periodic dividends, DTC currently retains a
collection charge equal to three percent (3%) of the ADR agent fee
amount collected from each participant up to a maximum of $4,000 per
CUSIP per participant position. DTC does not retain a fee if the
computed collection charge is less than $50.
    Due to recently implemented processing improvements, DTC has
determined that the costs incurred in providing the collection function
have decreased. DTC is modifying the fee it retains for this service by
changing the frequency of the charge from one levied per CUSIP per
participant position to one levied per CUSIP only. DTC is also changing
the maximum amount collected from $4,000 per CUSIP per participant
position to $10,000 per CUSIP. DTC projects that these changes will
result in an overall reduction in the charges DTC retains for this
service in an amount consistent with the overall reduction in the cost
of offering the service. The modified fee became effective January 2,
2007.
    DTC believes the proposed rule change is consistent with Section
17A of the Act,\7\ as amended, because it updates its fee schedule. As
such, it provides for the equitable allocation of fees among its
participants and aligns fees for services with the associated cost to
deliver the service.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

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

    DTC does not believe that the proposed rule change will have any
impact 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

    Written comments relating to the proposed rule change have not yet
been solicited or received. DTC will notify the Commission of any
written comments received by DTC.

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

    The foregoing proposed rule change has become effective upon filing
pursuant to Section 19(b)(3)(A)(ii) of the Act \8\ and Rule 19b-4(f)(2)
\9\ thereunder because the rule establishes a due, fee, or other
charge. 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 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-DTC-2006-21 on the subject line.

Paper Comments

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

    All submissions should refer to File Number SR-DTC-2006-21. 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. Copies of such filings also will be
available for inspection and copying at the principal office of DTC and
on DTC's Web site at https://login.dtcc.com/dtcorg/. 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-DTC-2006-21 and should be
submitted on or before March 16, 2007.

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-3072 Filed 2-22-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 84, Number 76 (Friday, April 19, 2019)]
[Proposed Rules]
[Pages 16419-16420]
[FR Doc No: 2019-07976]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0243]
RIN 1625-AA00

Safety Zone; Lower Mississippi River; New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone between mile marker (MM) 99.5 and MM 100.5 Above Head of Passes,
Lower Mississippi River, New Orleans, LA. This action is necessary to
provide for the safety of life on these navigable waters near New
Orleans, LA, during a fireworks display on June 20, 2019. This proposed
rulemaking would prohibit persons and vessels from being in the safety
zone unless authorized by the Captain of the Port New Orleans or a
designated representative. We invite your comments on this proposed
rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before May 20, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0243 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Commander Benjamin
Morgan, Sector New Orleans, U.S. Coast Guard; telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

AHP Above Head of Passes
COTP Captain of the Port New Orleans
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On April 11, 2019, MIP Inc. notified the Coast Guard that they will
be conducting a fireworks display at 9:45 on June 20, 2019. The
fireworks are to be launched from a barge at approximately MM 100 Above
Head of Passes, Lower Mississippi River, New Orleans, LA. Hazards from
firework displays include accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris. The Captain of the
Port New Orleans (COTP) has determined that potential hazards
associated with the fireworks to be used in this display would be a
safety concern for anyone within a half mile upbound and downbound of
the barge.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a mile span of the river before,
during, and after the scheduled event. The Coast Guard is proposing
this rulemaking under authority in 46 U.S.C. 70034 (previously 33
U.S.C. 1231).]

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from 9:30 to 10:30
p.m. on June 20, 2019. The safety zone would cover all navigable waters
between mile marker (MM) 99.5 and 100.5 Above Head of Passes, Lower
Mississippi River, New Orleans, LA. The duration of the zone is
intended to ensure the safety of vessels and these navigable waters
before, during, and after the scheduled 9:45 p.m. fireworks display. No
vessel or person would be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative. The
regulatory text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the location,
time, and duration of the safety zone. The safety zone will be enforced
for one hour on one day on a one mile span of the Lower Mississippi
River.

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
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    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 proposed 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
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination 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 proposed rule involves a safety zone lasting one hour
on a one mile span of the Lower Mississippi River. Normally such
actions are categorically excluded from further review under paragraph
L 60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 01. A preliminary Record of Environmental Consideration supporting
this determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 165

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 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.T08-0243 to read as follows:

Sec.  165.T08-0243  Safety Zone; Lower Mississippi River, New Orleans,
LA.

    (a) Location. The following area is a safety zone: All navigable
waters between mile marker (MM) 99.5 and 100.5 Above Head of Passes
(AHP), Lower Mississippi River, New Orleans, LA.
    (b) Effective period. This section is effective from 9:30 p.m. on
June 20, 2019 through 10:30 p.m. on June 20, 2019.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into or remaining within this zone is prohibited
unless authorized by the Captain of the Port Sector New Orleans (COTP)
or designated representative. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector New
Orleans.
    (2) Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 16 or 67 or by telephone at<PHONE_NUMBER>.
    (3) Persons and vessels permitted to enter this safety zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
    (d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners (BNMs), Local Notices
to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs)
as appropriate.

    Dated: April 16, 2019.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2019-07976 Filed 4-18-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: July 29, 2008 (Volume 73, Number 146)]
[Notices]
[Page 43928]
[DOCID:fr29jy08-42]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

 [Project No. 13179-000; Project No. 13180-000]

FFP Missouri; FFP Missouri 2, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

July 22, 2008.
    On April 18, 2008, FFP Missouri 1, LLC and FFP Missouri 2, LLC
(Free Flow Power Corporation) each filed an application, pursuant to
section 4(f) of the Federal Power Act, proposing to study the
feasibility of the Missouri River 1 and the Missouri River 2 Projects,
to be located in the Missouri River in St. Charles and St. Louis
Counties, Missouri.
    The proposed Missouri River 1 project consists of: (1) 2,760
proposed 20-kilowatt Free Flow generating units having a total
installed capacity of 55.2-megawatts, (2) a mooring system, (3) a
proposed transmission line, and (4) appurtenant facilities. The
proposed Missouri River 1 Project would have an average annual
generation of 241,776-gigawatt-hours and be sold to a local utility.
    The proposed Missouri River 2 project consists of: (1) 3,180
proposed 20-kilowatt Free Flow generating units having a total
installed capacity of 63.6-megawatts, (2) a mooring system, (3) a
proposed transmission line, and (4) appurtenant facilities. The
proposed Missouri River Project 2 would have an average annual
generation of 278,568-gigawatt-hours and be sold to a local utility.
    Applicant Contact: Mr. Daniel R. Irwin, Free Flow Power
Corporation, 33 Commercial Street, Gloucester, MA 01930, phone: 978-
232-3536.
    FERC Contact: Patricia W. Gillis<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's website
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of Commission's Web site at http://
www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-13179
or P-13180) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-17284 Filed 7-28-08; 8:45 am]

BILLING CODE 6717-01-P