[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Notices]
[Pages 73750-73751]
[FR Doc No: 2015-29960]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD16-3-000]

Susan Raymond; Notice of Preliminary Determination of a
Qualifying Conduit Hydropower Facility and Soliciting Comments and
Motions To Intervene

    On November 12, 2015, Susan Raymond filed a notice of intent to
construct a qualifying conduit hydropower facility, pursuant to section
30 of the Federal Power Act (FPA), as amended by section 4 of the
Hydropower Regulatory Efficiency Act of 2013 (HREA). The proposed
Powell Mesa Micro-Hydropower Project would have an installed capacity
of 7.6 kilowatts (kW), and would be located at the end of an existing
12-inch pipeline used to control overflow from Susan Raymond's
irrigation system. The project would be located near the Town of
Hotchkiss, in Delta County, Colorado.
    Applicant Contact: Susan Raymond, 34670 Powell Mesa Road,
Hotchkiss, CO 81419, Phone No.<PHONE_NUMBER>.
    FERC Contact: Christopher Chaney, Phone No.<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>    Qualifying Conduit Hydropower Facility Description: The proposed
project would consist of: (1) A proposed powerhouse, approximately 8
feet by 10 feet, at the end of the existing 12-inch overflow pipeline;
(2) two short penstocks teeing off the existing 12-inch-diameter
overflow pipeline; (3) two Turgo turbine/generator units with a total
installed capacity of 7.6 kW; (4) an approximately 4 feet by 8 feet
underground tailrace, discharging to a short, 8-inch-diameter pipeline
that discharges to the same pond as the existing 12-inch overflow
pipeline; and (5) appurtenant facilities.
    The proposed project would have a total installed capacity of 7.6
kW.
    A qualifying conduit hydropower facility is one that is determined
or deemed to meet all of the criteria shown in the table below.

      Table 1--Criteria for Qualifying Conduit Hydropower Facility
------------------------------------------------------------------------
                                                              Satisfies
       Statutory provision               Description            (Y/N)
------------------------------------------------------------------------
FPA 30(a)(3)(A), as amended by    The conduit the facility            Y
 HREA.                             uses is a tunnel,
                                   canal, pipeline,
                                   aqueduct, flume, ditch,
                                   or similar manmade
                                   water conveyance that
                                   is operated for the
                                   distribution of water
                                   for agricultural,
                                   municipal, or
                                   industrial consumption
                                   and not primarily for
                                   the generation of
                                   electricity.
FPA 30(a)(3)(C)(i), as amended    The facility is                     Y
 by HREA.                          constructed, operated,
                                   or maintained for the
                                   generation of electric
                                   power and uses for such
                                   generation only the
                                   hydroelectric potential
                                   of a non-federally
                                   owned conduit.
FPA 30(a)(3)(C)(ii), as amended   The facility has an                 Y
 by HREA.                          installed capacity that
                                   does not exceed 5
                                   megawatts.
FPA 30(a)(3)(C)(iii), as amended  On or before August 9,              Y
 by HREA.                          2013, the facility is
                                   not licensed, or
                                   exempted from the
                                   licensing requirements
                                   of Part I of the FPA.
------------------------------------------------------------------------

    Preliminary Determination: The primary purpose of the overflow
pipeline is to assist the operation of Susan Raymond's irrigation
system, not for the generation of electricity. Therefore, based upon
the above criteria, Commission staff preliminarily determines that the
proposal satisfies the requirements for a qualifying conduit hydropower
facility, which is not required to be licensed or exempted from
licensing.
    Comments and Motions to Intervene: Deadline for filing comments
contesting whether the facility meets the qualifying criteria is 45
days from the issuance date of this notice.
    Deadline for filing motions to intervene is 30 days from the
issuance date of this notice.
    Anyone may submit comments or a motion to intervene in accordance
with the requirements of Rules of Practice and Procedure, 18 CFR
385.210 and 385.214. Any motions to intervene must be received on or
before the specified deadline date for the particular proceeding.
    Filing and Service of Responsive Documents: All filings must (1)
bear in all capital letters the ``COMMENTS CONTESTING QUALIFICATION FOR
A CONDUIT HYDROPOWER FACILITY'' or ``MOTION TO INTERVENE,'' as
applicable; (2) state in the heading the name of the applicant and the
project number of the application to which the filing responds; (3)
state the name, address, and telephone number of the person filing; and
(4) otherwise comply with the requirements of sections 385.2001 through
385.2005 of the Commission's regulations.\1\ All comments contesting
Commission staff's preliminary determination that the facility meets
the qualifying criteria must set forth their evidentiary basis.
---------------------------------------------------------------------------

    \1\ 18 CFR 385.2001-2005 (2015).
---------------------------------------------------------------------------

    The Commission strongly encourages electronic filing. Please file
motions to intervene and comments 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_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426. A copy of all other filings in
reference to this application 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 4.34(b)
and 385.2010.
    Locations of Notice of Intent: Copies of the notice of intent can
be obtained directly from the applicant or such copies can be viewed
and reproduced at the Commission in its Public Reference Room, Room 2A,
888 First Street NE., Washington, DC 20426. The filing may also be
viewed on the web at http://www.ferc.gov/docs-filing/elibrary.asp using
the ``eLibrary'' link. Enter the docket number (i.e., CD16-3) in the
docket number field to access the document. For assistance, call toll-
free 1-866-208-3676 or email<EMAIL_ADDRESS>For TTY, call
(202) 502-8659.

    Dated: November 19, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-29960 Filed 11-24-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Rules and Regulations]
[Pages 73511-73513]
[FR Doc No: 2011-30697]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0939]
RIN 1625-AA00

Safety Zone; M/V DAVY CROCKETT, Columbia River

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The U.S. Coast Guard is extending the enforcement period of a
safety zone established on the waters of the Columbia River surrounding
the remaining cofferdam at the M/V DAVY CROCKETT removal sight at
approximate river mile 117. The original safety zone was established on
January 28, 2011. The safety zone continues to be necessary to help
ensure the safety of the response workers and maritime public while
they conduct the removal of the cofferdam. All persons and vessels are
prohibited from entering or remaining in the safety zone unless
authorized by the Captain of the Port, Columbia River or his designated
representative.

DATES: This rule is effective from November 29, 2011 through November
30, 2011. This rule is effective with actual notice for purposes of
enforcement on November 1, 2011. This rule will remain in effect
through November 30, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0939 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0939 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email BM1 Silvestre Suga, Waterways Management
Division, Marine Safety Unit Portland, Coast Guard; telephone (503)
240-9319, email<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because to do so would be contrary to public
interest. The safety zone remains urgently necessary to help ensure the
safety of the response workers and the maritime public due to the
ongoing cofferdam removal operations and site cleanup.
    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 because the safety zone continues
to be immediately necessary to help ensure the safety of the response
workers and the maritime public due to the cofferdam removal
operations. Additionally, the consequences of the reduced publication
notice is diminished by the fact that a safety zone has already been in
place at this location.

Background and Purpose

    The remaining cofferdam at the M/V DAVY CROCKETT removal site is
located on the Washington State side of the Columbia River at
approximately river mile 117. The Coast Guard, other state and federal
agencies, and federal contractors are conducting cofferdam removal
operations. The cofferdam removal operations require a minimal wake in
the vicinity of the cofferdam to help ensure the safety of response
workers. Only authorized persons and/or vessels can be safely allowed
in the worksite cleanup area.
    A 300 ft safety zone is necessary to keep vessels clear of the
cofferdam removal operations. The previous 300 ft safety zone will
expire on October 31, 2011.

Discussion of Rule

    The Coast Guard is extending the enforcement of the safety zone
created by this rule until November 30, 2011. The safety zone will
cover all waters of the Columbia River encompassed within the following
four points: point one at 45[deg]34'59.74'' N/122[deg]28'35.00'' W on
the Washington bank of the Columbia River then proceeding into the
river to point two at 45[deg]34'51.42'' N/122[deg]28'35.47'' W, then
proceeding upriver to the third point at 45[deg]34'51.02'' N/
122[deg]28'07.32'' W, then proceeding to the shoreline to the fourth
point on the Washington Bank at 45[deg]34'56.06'' N/122[deg]28'07.36''
W, then back along the shoreline to point one. Geographically, this
encompasses all the waters within an area starting at approximately 300
ft upriver from the cofferdam removal area extending to 300 ft abreast
of the cofferdam removal area and then ending

300 ft down river of the cofferdam removal area.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    The Coast Guard has made this determination based on the fact that
the safety zones created by this rule will not significantly affect the
maritime public because the areas covered are limited in size and/or
have little commercial or recreational activity. In addition, vessels
may enter the safety zones with the permission of the Captain of the
Port, Columbia River or his designated representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities some of which may
be small entities: the owners and operators of vessels intending to
operate in the areas covered by the safety zones created in this rule.
The safety zones will not have a significant economic impact on a
substantial number of small entities because the areas covered are
limited in size. In addition, vessels may enter the safety zones with
the permission of the Captain of the Port, Columbia River or his
designated representative.

Assistance for Small Entities

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

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this rule under Department of Homeland Security

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

List of Subjects in 33 CFR Part 165

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

    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. Revise Sec.  165.T13-175 to read as follows:

Sec.  165.T13-175  Safety Zone; M/V DAVY CROCKETT, Columbia River

    (a) Location: The following area is a safety zone:
    (1) All waters of the Columbia River encompassed within the
following four points: point one at 45[deg]34'59.74'' N/
122[deg]28'35.00'' W on the Washington bank of the Columbia River then
proceeding into the river to point two at 45[deg]34'51.42'' N/
122[deg]28'35.47'' W, then proceeding upriver to the third point at
45[deg]34'51.02'' N/122[deg]28'07.32'' W, then proceeding to the
shoreline to the fourth point on the Washington Bank at
45[deg]34'56.06'' N/122[deg]28'07.36'' W, then back along the shoreline
to point one. Geographically this encompasses all the waters within an
area starting at approximately 300 ft upriver from the cofferdam
removal area extending to 300 ft abreast of the cofferdam removal area
and then ending 300 ft down river of the cofferdam removal area.
    (2) [Reserved]
    (b) Regulations. In accordance with the general regulations in 33
CFR Part 165, Subpart C, no person may enter or remain in the safety
zone created in this section or bring, cause to be brought, or allow to
remain in the safety zone created in this section any vehicle, vessel,
or object unless authorized by the Captain of the Port, Columbia River
or his designated representative.
    (c) Enforcement Period. The safety zone created in this section
will be in effect from November 1, 2011 through November 30, 2011
unless cancelled sooner by the Captain of the Port, Columbia River.

    Dated: October 28, 2011.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the Port, Columbia River.
[FR Doc. 2011-30697 Filed 11-28-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 245 (Monday, December 21, 2020)]
[Notices]
[Pages 83135-83136]
[FR Doc No: 2020-28007]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90672; File No. SR-NYSEArca-2020-56]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for Commission Action on Proceedings To
Determine Whether To Approve or Disapprove a Proposed Rule Change To
Amend NYSE Arca Rules 5.2-E(j)(3), 5.2-E(j)(8), 5.5-E(g)(2), 8.600-E,
and 8.900-E

December 15, 2020.
    On June 18, 2020, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend certain listing requirements relating to
maintaining a minimum number of beneficial holders and minimum number
of shares outstanding. The proposed rule change was published for
comment in the Federal Register on July 7, 2020.\3\ On August 17, 2020,
pursuant to Section

19(b)(2) of the Act,\4\ the Commission designated a longer period
within which to approve the proposed rule change, disapprove the
proposed rule change, or institute proceedings to determine whether to
disapprove the proposed rule change.\5\ On October 2, 2020, the
Commission instituted proceedings under Section 19(b)(2)(B) of the Act
\6\ to determine whether to approve or disapprove the proposed rule
change.\7\ The Commission has received no comment letters on the
proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 89197 (June 30,
2020), 85 FR 40720.
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 89584, 85 FR 51817
(August 21, 2020).
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ See Securities Exchange Act Release No. 90075, 86 FR 63597
(October 8, 2020).
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \8\ provides that, after initiating
disapproval proceedings, the Commission shall issue an order approving
or disapproving the proposed rule change not later than 180 days after
the date of publication of notice of filing of the proposed rule
change. The Commission may extend the period for issuing an order
approving or disapproving the proposed rule change by not more than 60
days if the Commission determines that a longer period is appropriate
and publishes reasons for such determination. The proposed rule change
was published for notice and comment in the Federal Register on July 7,
2020. January 3, 2021 is 180 days from that date, and March 4, 2021 is
240 days from that date.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the proposed
rule change so that it has sufficient time to consider the proposed
rule change. Accordingly, the Commission, pursuant to Section 19(b)(2)
of the Act,\9\ designates March 4, 2021 as the date by which the
Commission shall either approve or disapprove the proposed rule change
(File No. SR-NYSEArca-2020-56).
---------------------------------------------------------------------------

    \9\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-28007 Filed 12-18-20; 8:45 am]
BILLING CODE 8011-01-P