[Federal Register Volume 78, Number 194 (Monday, October 7, 2013)]
[Rules and Regulations]
[Pages 61937-61939]
[FR Doc No: 2013-24321]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 78, No. 194 / Monday, October 7, 2013 / Rules
and Regulations

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0698]
RIN 1625-AA00

Safety Zone; Port of Galveston, Pelican Island Bridge Repair

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone in
Galveston to maintain public safety during the Pelican Island Bridge
Repair Project. This action is necessary to protect public boaters and
their vessels from potential safety hazards. Entry into this zone is
prohibited unless specifically authorized by the Captain of the Port of
Houston-Galveston or a designated representative.

DATES: This rule is effective from October 1, 2013 to December 15,
2015.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0698. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on
``Open Docket Folder'' on the line associated with this rulemaking. You
may also visit the Docket Management Facility in Room W12-140 on the
ground floor of the Department of Transportation West Building, 1200
New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Xochitl Castaneda, Chief of Waterways Management
Division, U.S. Coast Guard Sector Houston Galveston; telephone (713)
671-5164, email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Barbara Hairston,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

BNTM Broadcast Notice to Mariners
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    The Coast Guard is issuing this Temporary Final Rule (TFR) without
prior notice and opportunity to comment pursuant to authority under
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)). This provision authorizes an agency to issue a rule without
prior notice and opportunity to comment when the agency for good cause
finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for not publishing a Notice of
Proposed Rulemaking (NPRM) with respect to this rule because publishing
an NPRM and delaying the rule's effective date would be contrary to
public interest. The Coast Guard was notified about this repair project
on April 14, 2013 therefore there was not enough time to publish an
NPRM. During the repair project, a crane and barge will be placed under
the Pelican Island Bridge; therefore immediate action is needed to
protect public boaters and their vessels from potential hazards
associated with this repair work.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064;
and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to propose, establish, and
define regulatory safety zones. The purpose of this safety zone is to
protect public boaters and their vessels from potential safety hazards
associated with the repair of the Pelican Island Bridge.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary Safety Zone in
Galveston Channel to ensure public safety during the Pelican Island
Bridge Repair Project. This area includes all waters of Galveston
Channel under and around the Pelican Island Bridge, enclosed within the
area extending 50 feet out from position 29[deg]18'38.23'' N,
094[deg]49'24.84 W. Entry into this zone is prohibited unless
specifically authorized by the Captain of the Port of Houston-Galveston
or a designated representative from October 1, 2013 to December 15.
2015.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under that Order.
    It is not ``significant'' under the regulatory policies and
procedures of the Department of Homeland Security (DHS) because this
regulation will only be enforced from October 1, 2013 to December 15,
2015. Notifications to the marine community will be made through Vessel
Traffic Services and Broadcast Notice to Mariners. The impacts on
routine navigation are expected to be minimal.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the

potential impact of regulations on small entities during rulemaking.
The term ``small entities'' comprises small business, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and governmental jurisdictions with
populations of less than 50,000. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities. This rule will affect
the following entities, some of which might be small entities: vessels
intending to transit or anchor in the Galveston Channel from October 1,
2013 to December 15, 2015. This safety zone will not have a significant
economic impact on a substantial number of small entities for the
following reasons: (1) Vessels are able to transit around the affected
area; (2) vessels may request permission from the Captain of the Port
to transit through the safety zone; and (3) the number of vessels
affected by the safety zone is expected to be minimal.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves establishing a temporary safety zone in
the Galveston Channel to maintain public safety during the Pelican
Island Bridge Repair Project. This action is necessary to protect
public boaters and their vessels. This rule is categorically excluded
from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. A new temporary Sec.  165.T08-0698 is added to read as follows:

Sec.  165.T08-0698--Safety  Zone; Port of Galveston, Pelican Island
Bridge Repair.

    (a) Definition. As used in this section, Public boaters means all
recreational boaters and their vessels.
    (b) Safety Zone. This area includes all waters of Galveston Channel
enclosed within an area extending 50 feet out from the position
29[deg]18'38.23'' N, 094[deg]49'24.84'' W. All coordinates are based on
NAD83.
    (c) Effective date. This rule is effective and will be enforced
from October 1, 2013 to December 15, 2015.
    (d) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited to all
vessels except participant vessels and those vessels specifically
authorized by the Captain of the Port, Houston-Galveston or a
designated representative.
    (2) Persons or vessels requiring entry into or passage through must
request permission from the Captain of the Port, Houston-Galveston, or
a designated representative. They may be contacted on VHF Channel 13 or
16, or by telephone at<PHONE_NUMBER>.
    (3) All persons and vessels shall comply with the instructions of
the Captain of the Port, Houston-Galveston, designated representatives
and designated on-scene U.S. Coast Guard patrol personnel. On-scene
U.S. Coast Guard patrol personnel include commissioned, warrant and
petty officers of the U.S. Coast Guard.

    Dated: September 23, 2013.
B.K. Penoyer,
Captain, U.S. Coast Guard, Captain of the Port Houston-Galveston.
[FR Doc. 2013-24321 Filed 10-4-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 215 (Wednesday, November 10, 2021)]
[Notices]
[Pages 62521-62522]
[FR Doc No: 2021-24596]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1971-134]

Idaho Power Company; Notice of Application Accepted for Filing
and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:

    a. Application Type: Amendment of License.
    b. Project No: P-1971-134.
    c. Date Filed: October 8, 2021.
    d. Applicant: Idaho Power Company (licensee).
    e. Name of Project: Hells Canyon Hydroelectric Project.
    f. Location: The project is located on the Snake River in Adams and
Washington counties, Idaho and in Wallowa, Malheur, and Baker counties,
Oregon. The project occupies federal lands administered by the U.S.
Forest Service and the Bureau of Land Management. (Payette and Wallowa
Whitman National Forests and Hells Canyon National Recreational Area.)
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. David Zayas, FERC Hydropower Coordinator,
Idaho Power Company, 1221 W. Idaho Street, P.O. Box 70, Boise, ID
83702,<PHONE_NUMBER>, [email protected].
    i. FERC Contact: Jennifer Polardino,<PHONE_NUMBER>,
[email protected].
    j. Deadline for filing comments, motions to intervene, and
protests: December 6, 2021.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at [email protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The first page of any filing should
include the docket number P-1971-134. Comments emailed to Commission
staff are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: In response to the Commission's March
29, 2021 letter, the licensee proposes to add the Oxbow Fish Hatchery
as a project feature to the existing license for the Hells Canyon
Project. However, the licensee explained that the existing hatchery
building has become increasingly difficult to maintain and/or repair,
due in part to its age. The hatchery building also does not meet modern
industry safety standards. As such, the licensee additionally requests
to amend the project license to demolish the existing hatchery
structures and construct a new and modern Oxbow Fish Hatchery in the
same location. The licensee does not propose to modify hatchery
operations or larger project operations.
    l. Location of the Application: This filing may be viewed on the
Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
[email protected], for TTY, call<PHONE_NUMBER>. Agencies may
obtain copies of the application directly from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing

responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: November 4, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-24596 Filed 11-9-21; 8:45 am]
BILLING CODE 6717-01-P


 MEMORANDUM

DATE:08/28/2014 FROM: 		Laura Farris/EPA Region 8 TO:CLEAN Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602 SUBJECT:	South Dakota 111d Call held on 08/27/2014

SUMMARY:         EPA participated in a conference call with the State of South Dakota on 08/27/2014 to discuss their questions about the Clean Power Plan for Existing Power Plants, which was proposed on June 2, 2014.

ATTENDEES:

EPA Headquarters Jeremy Marks, Bill Stevens, Erica Wilson, Jim Ketcham-Colwill, Jan Cortelyou, David Solomon, Nathan Topham, Marguerite McLamb, Brian Fisher, Matt Clouse, Chris Sherry, Gabrielle Stevens, Beth Conlin, Misha Vakoc

EPA Region 8 Carl Daly, Laura Farris

External Stakeholders SD Public Utilities Commission: Brian Rounds and Darren Kearney SD Department of Environment and Natural Resources: Brian Gustafson, Kyrik Rombough

Attachments SD's 111d Discussion Questions