[Federal Register Volume 77, Number 114 (Wednesday, June 13, 2012)]
[Notices]
[Pages 35471-35473]
[FR Doc No: 2012-14414]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2012-0016]

National Environmental Policy Act Implementation

AGENCY: Federal Railroad Administration (FRA), United States Department
of Transportation (DOT).

ACTION: Notice of intent to amend FRA's Procedures for Considering
Environmental Impacts by adding categorical exclusions.

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SUMMARY: FRA is publishing this notice to request comments on FRA's
proposed additions to the list of categorical exclusions (CEs)
contained in FRA's Procedures for Considering Environmental Impacts
(Environmental Procedures). CEs are actions that FRA has determined do
not individually or cumulatively have significant effects on the human
or natural environment and thus, do not require the preparation of an
environmental assessment (EA) or environmental impact statement (EIS)
under the National Environmental Policy Act (NEPA). FRA's Environmental
Procedures currently contain twenty CEs, and FRA is proposing to add
seven additional CEs.
    FRA is also making a Categorical Exclusion Substantiation Document
(Substantiation Document) available for public review. That document
supports the proposed CEs and demonstrates that the actions covered by
the proposed CEs are unlikely to have significant impacts on the human
or natural environment. The Substantiation Document is available on
FRA's Web site at http://www.fra.dot.gov/.

DATES: FRA invites the public to comment on the proposed CEs that will
be added to FRA's Environmental Procedures. Comments on this notice are
due on or before July 13, 2012. Comments received after that date will
be considered to the extent possible without incurring additional
expense or delay.

ADDRESSES: Please submit your comments by one of the following means,
identifying your submissions by docket number FRA-2012-0016. All
electronic submissions must be made to the U.S. Government electronic
site at http://www.regulations.gov. Commenters should follow the
instructions below for mailed and hand-delivered comments.
    (1) Web site: http://www.regulations.gov. Follow the instructions
for submitting comments on the U.S. Government electronic docket site;
    (2) Fax:<PHONE_NUMBER>;
    (3) Mail: U.S. Department of Transportation, 1200 New Jersey Avenue
SE., Docket Operations, M-30, Room W12-140, Washington, DC 20590-0001;
or
    (4) Hand Delivery: Room W12-140 on the first floor of the West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Instructions: All submissions must make reference to the ``Federal
Railroad Administration'' and include docket number FRA-2012-0016. Due
to security procedures in effect since October 2001, mail received
through the U.S. Postal Service may be subject to delays. Parties
making submissions responsive to this notice should consider using an
express mail firm to ensure the prompt filing of any submissions not
filed electronically or by hand. Note that all submissions received,
including any personal information therein, will be posted without
change or alteration to http://www.regulations.gov. For more
information, you may review DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477), or visit
http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For questions about this notice,
please contact Christopher Van Nostrand, Attorney Advisor, Office of
the Chief Counsel, Federal Railroad Administration, 1200 New Jersey
Ave. SE., W31-208, Washington, DC 20590, telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Process Used To Identify the Categorical Exclusions
III. Proposed Categorical Exclusions

I. Background

    FRA's Environmental Procedures were published in the Federal
Register on May 26, 1999 (64 FR 28545) and are available on the
agency's Web site at http://www.fra.dot.gov/Pages/252.shtml. The
Environmental Procedures establish the process for the assessment of
environmental impacts of actions and legislation proposed by FRA and
for the preparation and processing of documents based upon such
assessments. The Environmental Procedures supplement the Council on
Environmental Quality (CEQ) regulations (40 CFR parts 1500-1508).
Topics addressed in the Environmental Procedures include, among other
things, the preparation of environmental impact statements (EIS),
environmental assessments (EA), findings of no significant impact, and
section 4(f) analyses. Section 4(c) of the Environmental Procedures
identifies twenty classes of action that FRA has determined to be
categorically excluded from the EIS or EA preparation requirements of
NEPA and the Procedures because actions encompassed within these
classes or categories do not individually or cumulatively have a
significant effect on the human or natural environment. The Procedures
contain a process for identifying ``extraordinary circumstances,'' or
unusual situations where a particular action normally

included within one of these categories is determined to potentially
have significant environmental impacts and an EA or EIS is prepared.
    FRA has determined that additions to the existing list of CEs are
necessary to facilitate FRA's administration of laws relating to
railroad safety, development, rehabilitation, and railroad financial
assistance programs, particularly the High-Speed Intercity Passenger
Rail (HSIPR) grant program and the Railroad Rehabilitation and
Improvement Financing (RRIF) loan/loan guarantee program. After careful
consideration, FRA has determined that the actions included in the
proposed seven new CEs are not of the type or character as to cause
significant effects on the human or natural environment.
    Recent statutory initiatives have greatly expanded FRA's ability to
provide financial assistance to intercity passenger railroad projects
and contributed to the need for these proposed CEs. The Passenger Rail
Investment and Improvement Act (PRIIA) of 2008 (Division B of Pub. L.
110-432, 122 Stat. 4907, October 16, 2008) created three new passenger
rail capital assistance programs, the intercity passenger rail corridor
capital assistance program, high-speed rail corridor development, and a
congestion relief program. Additionally, in an effort to stimulate the
economy, create jobs and jumpstart a new era of high-speed rail in this
country, Congress provided $8 billion in grant funding for projects
that support high-speed intercity passenger rail programs in the
American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L.
111-5, 123 Stat. 115). Congress also appropriated additional funds for
high-speed and intercity rail projects in the Transportation, Housing
and Urban Development and Related Agencies Appropriations Act for 2010
(Div A of the Consolidated Appropriations Act, 2010) (Pub. L. 111-117).
    PRIIA, the Recovery Act, and other appropriations greatly expanded
FRA's capacity to fund rail projects in order to achieve a world class
high-speed and passenger rail program in the United States. The purpose
of the HSIPR Program is to address the nation's transportation
challenges by investing in efficient high-speed and intercity passenger
rail networks connecting communities across America.\1\ Many of these
investments involve large scale projects that FRA and project sponsors
(typically State transportation departments) will be preparing EISs and
EAs. However, other investments and components of multi-year programs
are smaller projects that FRA has concluded do not require either an
EIS or an EA and could be categorically excluded if the agency had the
appropriate CEs in place. Preparing EISs or EAs for projects that can
be categorically excluded is not an efficient use of resources of
either FRA or our state partners. Accordingly, the added CEs will
facilitate the responsible and efficient implementation of the HSIPR,
RRIF, and other FRA programs.
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    \1\ See Federal Railroad Administration, Vision for High-Speed
Rail in America (April 2009) (describing the general approach to
revitalizing high-speed and intercity passenger rail in the United
States) available at http://www.fra.dot.gov/downloads/Research/FinalFRA_HSR_Strat_Plan.pdf.
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    Some of the proposed CEs were chosen from the list of categorical
exclusions currently employed by both the Federal Highway
Administration (FHWA) and the Federal Transit Administration (FTA) (see
23 CFR 771). FRA has identified these specific actions for categorical
exclusion because they have direct applicability for many FRA programs
and a limited potential for environmental impacts. All of the actions
identified in this notice have been subject to prior extensive
environmental review by FRA, FHWA and FTA, are comparable to activities
categorically excluded by other Federal agencies, and were identified
through FRA's benchmarking effort (described in greater detail below).
These environmental reviews, mostly in the form of documented CEs and
EAs, demonstrate that the actions do not individually or cumulatively
have a significant effect on the human or natural environment. As
required under FRA's Environmental Procedures, FRA staff evaluates each
action individually to ensure that the action meets the criteria for
categorical exclusion, and whether extraordinary circumstances exist
that require additional environmental review.

II. Process Used To Identify the Categorical Exclusions

    FRA undertook a rigorous process to identify categories of actions
appropriate for new CEs. This evaluation process included an internal
review by FRA's Environment and Systems Planning Division as well as
FRA's Office of Chief Counsel, independent review and comment by
experts enlisted by FRA in coordination with FTA and the John A. Volpe
National Transportation Systems Center in Cambridge Massachusetts
(Volpe Center), submission to CEQ, and now publication for public
review and opportunity to comment. FRA undertook this process to ensure
that the types of projects covered by the new CEs presented in Section
III below do not cause significant impacts on the human or natural
environment.
    The list of new CEs was generated in close collaboration with FTA.
FRA and FTA each have responsibility for similar types of rail
projects. FTA has historically provided funding for commuter rail
projects, which have many similarities to intercity passenger rail
projects and to freight railroad projects. In addition to using
existing FTA CEs as templates, FRA has coordinated the effort to
develop new CEs with FTA and jointly submitted its CEs to NEPA experts
for independent review.
    FTA and FRA, in coordination with the Volpe Center, called on
several expert NEPA professionals to provide feedback on FTA's and
FRA's initial list of actions to be classified as CEs. The experts'
opinions were very valuable in refining the CEs, including identifying
appropriate limitations necessary to avoid covering activities that
have the potential to have significant environmental impacts. The
experts were asked to draw upon their general knowledge of and
experience/involvement with NEPA environmental processes. The
submission to the experts consisted of the proposed CE, a brief
explanation of the CE, and a list of comparative benchmarks or similar
CEs currently employed by other Federal agencies. After a period of
review, the experts submitted comments to FRA that included suggested
changes or modifications or, in most cases, an endorsement of the
proposed CE.
    After receiving the experts' comments and suggestions, FRA staff
met to discuss the comments and modified the CEs where appropriate. The
experts suggested ways in which to narrow the categories of actions to
ensure that all covered activities were likely to have less than
significant impacts. In addition, using their own professional
experience, they provided insights into the potential practical
application of many of the proposed CEs.
    Consistent with 40 CFR 1507.3 and the Memorandum for the Heads of
Federal Departments and Agencies from Nancy H. Sutley, Chair, Council
on Environmental Quality on Establishing and Applying Categorical
Exclusions Under the National Environmental Policy Act (Nov. 23, 2010),
FRA consulted with CEQ prior to publishing this notice and posting the
Substantiation Document for public review and comment. CEQ suggested
modifications to clarify FRA's intended application and the intended
scope of the proposed CEs, and the CEs proposed

in this notice and the accompanying Substantiation Documentation
reflect CEQ's comments and suggestions.
    FRA is making the Substantiation Document available on FRA's Web
site http://www.fra.dot.gov/rpd/passenger/33.shtml for public review
and comment for a period of 30 days running concurrently with this
notice. After the 30 day comment period, FRA will consider comments
received and make any necessary changes to address substantive issues
raised by the public.

III. Proposed Categorical Exclusions

    FRA is proposing to add the following seven CEs to section 4(c) of
FRA's Environmental Procedures as follows:
    (21) Alterations to existing facilities, locomotives, stations and
rail cars in order to make them accessible for the elderly and persons
with disabilities, such as modifying doorways, adding or modifying
lifts, constructing access ramps and railings, modifying restrooms, or
constructing accessible platforms.
    (22) Bridge rehabilitation, reconstruction or replacement, and the
construction of bridges, culverts, and grade separation projects,
predominantly within existing right-of-way and that do not involve
extensive in-water construction activities, such as projects replacing
bridge components including stringers, caps, piles, or decks, the
construction of roadway overpasses to replace at-grade crossings, or
construction or replacement of short span bridges.
    (23) Acquisition (including purchase or lease), rehabilitation, or
maintenance of vehicles and equipment that does not cause a substantial
increase in the use of infrastructure within the existing right-of-way
or other previously disturbed locations, including locomotives,
passenger coaches, freight cars, trainsets, and construction,
maintenance or inspection equipment.
    (24) Installation, repair and replacement of equipment and small
structures designed to promote transportation safety, security,
accessibility, communication or operational efficiency that take place
predominantly within the existing right-of-way and do not result in a
major change in traffic density on the existing rail line or facility,
such as the installation, repair or replacement of surface treatments
or pavement markings, small passenger shelters, railroad warning
devices, train control systems, signalization, electric traction
equipment and structures, electronics, photonics, and communications
systems and equipment, equipment mounts, towers and structures,
information processing equipment, or security equipment, including
surveillance and detection cameras.
    (25) Environmental restoration, remediation and pollution
prevention activities in or proximate to existing and former railroad
track, infrastructure, stations and facilities, including activities
such as noise mitigation, landscaping, natural resource management
activities, replacement or improvement to storm water systems,
installation of pollution containment systems, slope stabilization, and
contaminated soil removal in conformance with applicable regulations
and permitting requirements.
    (26) Assembly and construction of facilities and stations that are
consistent with existing land use and zoning requirements, do not
result in a major change in traffic density on existing rail or highway
facilities and result in approximately less than 10 acres of surface
disturbance, such as storage and maintenance facilities, freight or
passenger loading and unloading facilities or stations, parking
facilities, passenger platforms, canopies, shelters, pedestrian
overpasses or underpasses, paving, or landscaping.
    (27) Track and track structure maintenance and improvements when
carried out predominantly within the existing right-of-way and that do
not cause a substantial increase in rail traffic beyond existing or
historic levels, such as stabilizing embankments, installing or
reinstalling track, re-grading, replacing rail, ties, slabs and
ballast, improving or replacing interlockings, or the installation or
maintenance of ancillary equipment.

    Issued in Washington, DC, on June 5, 2012.
Joseph C. Szabo,
Administrator.
[FR Doc. 2012-14414 Filed 6-12-12; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 83, Number 191 (Tuesday, October 2, 2018)]
[Notices]
[Pages 49553-49554]
[FR Doc No: 2018-21412]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP18-1198-000.
    Applicants: Alliance Pipeline L.P.
    Description: Sec.  4(d) Rate Filing: APL 09-21-2018 MDU Delivery
Point Filing to be effective 10/22/2018.
    Filed Date: 9/21/18.
    Accession Number: 20180921-5108.
    Comments Due: 5 p.m. ET 10/3/18.

    Docket Numbers: RP18-1038-001.
    Applicants: Northern Border Pipeline Company.
    Description: Compliance filing Best Bid Evaluation--Compliance
Filing to be effective 9/24/2018.
    Filed Date: 9/24/18.
    Accession Number: 20180924-5021.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: RP18-1038-002.
    Applicants: Northern Border Pipeline Company.
    Description: Compliance filing Best Bid Evaluation--Compliance
Amended to be effective 9/1/2018.
    Filed Date: 9/24/18.
    Accession Number: 20180924-5136.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: RP18-1199-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Amendments to NC Agmts (BHP
31591 to MMGJ AR Upstream 31591) to be effective 9/28/2018.
    Filed Date: 9/24/18.
    Accession Number: 20180924-5034.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: RP18-1200-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate-Bay State to
BBPCs 797515 and 797514 to be effective 10/1/2018.
    Filed Date: 9/24/18.
    Accession Number: 20180924-5037.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: RP18-1201-000.
    Applicants: Gas Transmission Northwest LLC.
    Description: eTariff filing per 1430: GTN 501(g) Request for
Waiver.
    Filed Date: 9/24/18.
    Accession Number: 20180924-5079.
    Comments Due: 5 p.m. ET 9/28/18.

    Docket Numbers: RP18-1202-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 092418 Negotiated Rates--
Hartree Partners, LP R-7090-05 to be effective 11/1/2018.
    Filed Date: 9/24/18.
    Accession Number: 20180924-5081.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: RP18-1203-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 092418 Negotiated Rates--
Hartree Partners, LP R-7090-06 to be effective 11/1/2018.
    Filed Date: 9/24/18.
    Accession Number: 20180924-5082.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: RP18-1204-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Filing (SPS) to be effective 9/25/2018.
    Filed Date: 9/24/18.
    Accession Number: 20180924-5106.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: RP18-1205-000.
    Applicants: Dominion Energy Questar Pipeline, LLC.
    Description: Compliance filing Compliance filing in Docket CP18-
192-000 to be effective 9/25/2018.
    Filed Date: 9/25/18.
    Accession Number: 20180925-5002.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: RP18-1206-000.
    Applicants: PennEnergy Resources, LLC, R. E. Gas Development, LLC.
    Description: Joint Petition for Temporary Waiver of Capacity
Release Regulations and Related Tariff Provisions, et al. of PennEnergy
Resources, LLC, et al.
    Filed Date: 9/24/18.
    Accession Number: 20180924-5160.
    Comments Due: 5 p.m. ET 10/4/18.

    Docket Numbers: RP18-1207-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--Boston Gas to
BBPC 797549 to be effective 10/1/2018.
    Filed Date: 9/25/18.
    Accession Number: 20180925-5029.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: RP18-1208-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 092518 Negotiated Rates--Wells
Fargo Commodities, LLC R-7810-08 to be effective 11/1/2018.
    Filed Date: 9/25/18.
    Accession Number: 20180925-5032.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: RP18-1209-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 092518 Negotiated Rates--Wells
Fargo Commodities, LLC R-7810-09 to be effective 11/1/2018.
    Filed Date: 9/25/18.
    Accession Number: 20180925-5033.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: RP18-1210-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 092518 Negotiated Rates--Wells
Fargo Commodities, LLC R-7810-10 to be effective 11/1/2018.
    Filed Date: 9/25/18.
    Accession Number: 20180925-5034.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: RP18-1211-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 092518 Negotiated Rates--Wells
Fargo Commodities, LLC R-7810-11 to be effective 11/1/2018.
    Filed Date: 9/25/18.
    Accession Number: 20180925-5035.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: RP18-1212-000.
    Applicants: Southern Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Shell Negotiated Rate--October
2018 to be effective 10/1/2018.
    Filed Date: 9/25/18.
    Accession Number: 20180925-5036.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: RP18-1213-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 092518 Negotiated Rates--Wells
Fargo Commodities, LLC R-7810-12 to be effective 11/1/2018.
    Filed Date: 9/25/18.
    Accession Number: 20180925-5038.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: RP18-1214-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 092518 Negotiated Rates--Wells
Fargo Commodities, LLC R-7810-13 to be effective 11/1/2018.
    Filed Date: 9/25/18.
    Accession Number: 20180925-5039.

    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: RP18-1215-000.
    Applicants: Fayetteville Express Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Service
Agreement on 9-25-18 to be effective 9/28/2018.
    Filed Date: 9/25/18.
    Accession Number: 20180925-5054.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: RP18-1216-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--Eco-Energy
8953069 eff 10-1-18 to be effective 10/1/2018.
    Filed Date: 9/25/18.
    Accession Number: 20180925-5055.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: RP18-1217-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: TCO WBX NR and NC Agreements
to be effective 10/25/2018.
    Filed Date: 9/25/18.
    Accession Number: 20180925-5118.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: RP18-1218-000.
    Applicants: Dominion Energy Cove Point LNG, LP.
    Description: eTariff filing per 1430: DECP--Request for Waiver of
Requirement to File Form No. 501-G.
    Filed Date: 9/25/18.
    Accession Number: 20180925-5121.
    Comments Due: 5 p.m. ET 10/9/18.

    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 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 26, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-21412 Filed 10-1-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 187 (Friday, September 26, 2014)]
[Rules and Regulations]
[Pages 57802-57804]
[FR Doc No: 2014-22976]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0791]
RIN 1625-AA00

Safety Zone; University of Alabama vs. University of Alabama at
Huntsville Rowing Competition; Black Warrior River mm 339 to mm 341.65;
Tuscaloosa, AL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone
encompassing the waters of the Black Warrior River, Tuscaloosa, AL from
mm 339 to mm 341.65. This action is necessary for the protection of
persons and vessels on navigable waters during the University of
Alabama (U of AL) vs. University of Alabama at Huntsville (UAH) Rowing
Competition. Entry into or transiting in this zone is prohibited to all
vessels, mariners, and persons unless specifically authorized by the
Captain of the Port (COTP) Mobile or a designated representative.

DATES: This rule is effective on September 27, 2014 from 9:00 a.m. to
11:30 a.m.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0791. 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
temporary rule, call or email LT Stanley A. Tarrant, Sector Mobile,
Waterways Management Division, U.S. Coast Guard; telephone 251-441-
5940, email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Cheryl F. Collins,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

APA Administrative Procedures Act
BNM Broadcast Notice to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
NPRM Notice of Proposed Rulemaking
mm Mile marker

A. Regulatory History and 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)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because there is insufficient time to
publish an NPRM. The Coast Guard received notification on August 20,
2014 from the University of Alabama Women's Rowing team with intentions
to conduct a rowing competition on the Black Warrior River in
Tuscaloosa, AL on September 27, 2014. After reviewing the details of
the event, the Coast Guard determined that additional safety measures
are necessary during this rowing competition on the Black Warrior
River. A temporary safety zone is being established to provide for the
safety of participants, spectators, and other waterway users during
this rowing competition. Publishing a NPRM is contrary to public
interest because it would unnecessarily delay the required safety
zone's effective date. Additionally, delaying the safety zone for the
NPRM process would unnecessarily interfere with the scheduled rowing
competition.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register. Delaying the
effective date to provide a full 30 days' notice is contrary to public
interest because immediate action is needed to protect persons and
vessels from safety hazards associated with a rowing competition on the
Black Warrior River.

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; Public Law 107-295, 116 Stat.
2064; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to propose, establish, and
define regulatory safety zones.
    The University of Alabama Women's Rowing Team will conduct a rowing
competition on the Black Warrior River in Tuscaloosa, AL on September
27, 2014. The rowing competition will consist of 12 row boats on the
race course at a time. These row boats will impede normal vessel
traffic which poses significant safety hazards to the rowers and other
vessels and mariners during the course of the race on the Black Warrior
River. The COTP Mobile is establishing a temporary safety zone
encompassing the waters of Black Warrior River, Tuscaloosa, AL from mm
339 to mm 341.65, to protect persons and vessels, during the rowing
competition in Tuscaloosa, AL.
    The COTP anticipates minimal impact on vessel traffic due to this
regulation. However, this safety zone is deemed necessary for the
protection of life and property within the COTP Mobile zone.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone
encompassing the waters of Black Warrior River,

Tuscaloosa, AL from mm 339 to mm 341.65. This temporary rule will
protect the safety of life and property in this area. Entry into or
transiting in this zone is prohibited to all vessels, mariners, and
persons unless specifically authorized by the COTP Mobile or a
designated representative. The COTP may be contacted by telephone at
251-441-5976.
    The COTP Mobile or a designated representative will inform the
public through broadcast notice to mariners (BNM) of changes in the
effective period for the safety zone. This rule will be enforced for a
short period during the rowing competition occurring on September 27,
2014 between the hours of 9:00 a.m. and 11:30 a.m. BNMs will be used to
inform waterway users of the exact enforcement times and any changes in
this safety zones or its enforcement on the day of the rowing
competition, September 27, 2014.

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 those Orders.
    The safety zone listed in this rule will restrict vessel traffic
from entering or transiting in a small portion of Black Warrior River,
Tuscaloosa, AL. The effect of this regulation will not be significant
for several reasons: (1) This rule will only affect vessel traffic for
a short duration; (2) vessels may request permission from the COTP
Mobile or a designated representative to transit through the safety
zone; and (3) impacts on routine navigation are expected to be minimal.
Notifications to the marine community will be made through BNMs. These
notifications will allow the public to plan operations around the
affected area.

2. Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. 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 may be small entities: The owners or operators of vessels
intending to transit in the affected portions of Black Warrior River
during the rowing competition on the morning of September 27, 2014
between 9:00 and 11:30 a.m. This safety zone will not have a
significant economic impact on a substantial number of small entities
for the following reasons: The zone is limited in size, is of short
duration and vessel traffic may request permission from the COTP Mobile
or a designated representative to enter or transit through the zone.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,

because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule involves establishing a safety zone on a
waterway during a rowing competition and is not expected to result in
any significant adverse environmental impact as described in NEPA. 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 will be made 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.T08-0791 is added to read as follows:

Sec.  165.T08-0791  Safety Zone; University of Alabama vs. University
of Alabama at Huntsville Rowing Competition; Black Warrior River mm 339
to mm 341.65; Tuscaloosa, AL.

    (a) Location. The following area is a safety zone: all waters,
surface to bottom, extending the entire width of the Black Warrior
River, Tuscaloosa, AL from mm 339 to mm 341.65.
    (b) Effective dates and enforcement period. This section is
effective on September 27, 2014. Broadcast notices to mariners will be
used to inform the public of specific enforcement times expected to
occur between the hours of 9:00 a.m. and 11:30 a.m.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of
this part, entry into this zone is prohibited unless authorized by the
Captain of the Port Mobile or a designated representative.
    (2) Persons or vessels desiring to enter into or passage through
the zone must request permission from the Captain of the Port Mobile or
a designated representative. They may be contacted on VHF-FM channels
16 or by telephone at<PHONE_NUMBER>.
    (3) If permission is granted, all persons and vessels shall comply
with the instructions of the Captain of the Port Mobile or designated
representative.
    (d) Informational Broadcasts. The Captain of the Port Mobile or a
designated representative will inform the public through broadcast
notices to mariners of the enforcement period for the safety zone as
well as any changes in the safety zone or the planned schedule.

    Dated: August 26, 2014.
S. Walker,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2014-22976 Filed 9-25-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Notices]
[Page 33266]
[FR Doc No: 2021-13423]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-2128-000]

0HAM WHAM8 SOLAR, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
0HAM WHAM8 SOLAR, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is July 6, 2021.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: June 14, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-13423 Filed 6-23-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: December 31, 2008 (Volume 73, Number 251)]
[Notices]
[Page 80388-80389]
[DOCID:fr31de08-49]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8759-3]

Notice of Availability of Preliminary Residual Desigination of
Certain Storm Water Discharges in the State of Maine Under the National
Pollutant Discharge Elimination System of the Clean Water Act

AGENCY: Environmental Protection Agency.

ACTION: Notice and request for public comment.

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SUMMARY: The Regional Administrator of the Environmental Protection
Agency's (EPA) New England Regional Office is providing notice of
availability of a preliminary determination that certain storm water
discharges in the Long Creek watershed located in South Portland,
Westbrook, Scarborough, and Portland, Maine will be required to obtain
permit coverage under the National Pollutant Discharge Elimination
System (NPDES) permits under the Clean Water Act. EPA is seeking public
comment on the nature and scope of this preliminary residual
designation. The period for comment on this preliminary residual
designation will remain open until the close of the public comment
period on any NPDES general or individual permit related to this
preliminary residual designation. However, EPA strongly encourages
interested parties to submit their comments within 45 days of the
commencement of the comment period, after which EPA intends to review
this preliminary residual designation and to decide whether to make any
changes to it. It is EPA's intention to make a final residual
designation following the close of the comment period on any associated
NPDES permit. Copies of the preliminary residual designation are
available for inspection online and in hardcopy as described elsewhere
in this notice document.

DATES: Comments must be submitted on or before February 17, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OW-2008-0910 by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Mail and hand delivery: U.S. Environmental Protection
Agency, New England Region, One Congress Street, Suite 1100, Mail code
CWQ, Boston, MA 02114-2023. Deliveries are only accepted during the
Regional Office's normal hours of operation (8 a.m. to 5 p.m., Monday
through Friday, excluding legal holidays), and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OW-
2008-0910. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov, or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the U.S. Environmental
Protection Agency, New England Region, One Congress Street, Suite 1100,
Boston, Massachusetts. To inspect the hard copy materials, please
schedule an appointment during normal business hours with the contact
listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Jennie Bridge, EPA New England Region,
One Congress Street, Suite 1100, Mail code CWQ,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Regional Administrator of EPA's New
England Regional Office is providing notice of availability of a
preliminary determination that certain storm water discharges in the
Long Creek watershed located in South Portland, Westbrook, Scarborough,
and Portland, Maine will be required to obtain NPDES permits. Under
Clean Water Act (CWA) Section 402(p), 33 U.S.C. 1342(p), Congress
required the EPA to establish permitting requirements for certain storm
water discharges. In addition, CWA Sections 402(p)(2)(E) and 402(p)(6)
and implementing regulations at 40 CFR 122.26 (a)(9)(i)(D) provide that
the EPA Regional Administrator may designate additional storm water
discharges as requiring NPDES permits where he determines that the
discharge, or category of discharges within a geographic area,
contributes to a violation of a water quality standard or is a
significant contributor of pollutants to waters of the United States.
    The EPA Regional Administrator for the New England Region has made
a preliminary determination pursuant to Section 402(p) of the Clean
Water Act and 40 CFR 122.26 (9)(i)(D) that storm water controls and
NPDES permits are needed for discharges to waters of the United States
from impervious surfaces equal to or greater than one acre in the Long
Creek watershed located in South Portland, Westbrook, Scarborough, and
Portland, Maine. Details of the preliminary determination are available
in the preliminary residual designation document. This document may be
viewed on the EPA New England Regional Office's Web page http://
www.epa.gov/region01/npdes/stormwater/assets/pdfs/LongCreekRD.pdf and
at http://www.regulations.gov. Ancillary materials may be viewed at the
EPA New England Regional Office's Web page http://www.epa.gov/region01/
npdes/stormwater/index.html.

    Dated: December 16, 2008.
Robert W. Varney,
Regional Administrator, New England Region.
 [FR Doc. E8-31178 Filed 12-30-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 246 (Friday, December 21, 2012)]
[Notices]
[Page 75632]
[FR Doc No: 2012-30821]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9006-6]

Environmental Impacts Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or http://www.epa.gov/compliance/nepa/.

Weekly receipt of Environmental Impact Statements.
Filed 12/10/2012 Through 12/14/2012
Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

SUPPLEMENTARY INFORMATION: As of October 1, 2012, EPA will not accept
paper copies or CDs of EISs for filing purposes; all submissions on or
after October 1, 2012 must be made through e-NEPA. While this system
eliminates the need to submit paper or CD copies to EPA to meet filing
requirements, electronic submission does not change requirements for
distribution of EISs for public review and comment. To begin using e-
NEPA, you must first register with EPA's electronic reporting site--
https://cdx.epa.gov/epa_home.asp.

EIS No. 20120387, Draft EIS, FHWA, VA, I-64 Hampton Roads Bridge-
Tunnel, from I-664 in the City of Hampton to I-564 in the City of
Norfolk, VA, Comment Period Ends: 02/13/2013, Contact: Marisel Lopez-
Cruz<PHONE_NUMBER>.
EIS No. 20120388, Draft EIS, USACE, CA, Elverta Specific Plan Project,
Master Planned Community Development, Sacramento County, CA, Comment
Period Ends: 02/04/2013, Contact: Marc A. Fugler<PHONE_NUMBER>.
EIS No. 20120389, Final EIS, USFWS, WA, Malheur National Wildlife
Refuge Comprehensive Conservation Plan, Harney County, WA, Review
Period Ends: 01/22/2013, Contact: Tim Bodeen<PHONE_NUMBER>.
EIS No. 20120390, Draft EIS, USFWS, AK, Shadura National Gas
Development Project, Kenai National Wildlife Refuge and Kenai Peninsula
Borough, AK, Comment Period Ends: 02/04/2013, Contact: Peter Wikoff
907-786-3357.
EIS No. 20120391, Final EIS, BLM, CA, McCoy Solar Energy Project,
Proposed Plan Amendment, Riverside County, CA, Review Period Ends: 01/
22/2013, Contact: Jeffery K. Childers<PHONE_NUMBER>.
EIS No. 20120392, Draft EIS, USACE, 00, Lower Snake River Programmatic
Sediment Management Plan, Washington and Idaho, Comment Period Ends:
02/08/2013, Contact: Sandra Shelin<PHONE_NUMBER>.
EIS No. 20120393, Final EIS, WAPA, AZ, Quartzsite Solar Energy Project
and Proposed Yuma Field Office Resource Management Plan Amendment, La
Paz County, AZ, Review Period Ends: 01/22/2013, Contact: Matthew
Blevins<PHONE_NUMBER>.

    Dated: December 18, 2012.
Cliff Rader,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2012-30821 Filed 12-20-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: August 11, 2006 (Volume 71, Number 155)]
[Rules and Regulations]
[Page 46105-46106]
[DOCID:fr11au06-10]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R04-OAR-2005-TN-0007-200527(c) FRL-8208-9]

Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Tennessee; Redesignation of
the Montgomery County, Tennessee Portion of the Clarksville-
Hopkinsville 8-Hour Ozone Nonattainment Area to Attainment; Correcting
Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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SUMMARY: This action corrects the effective date for the 8-hour ozone
attainment designation for the Montgomery County, Tennessee portion of
the Clarksville-Hopkinsville 8-hour ozone nonattainment area. The
effective date for this attainment designation, which appears in title
40 Code of Federal Regulation (CFR) 81.343, was erroneously identified
as October 24, 2005, in the Part 81 chart at the end of EPA's September
22, 2005, direct final redesignation rulemaking (70 FR 55559). This
error is being corrected to reflect an effective date of November 21,
2005, for Montgomery County, Tennessee's 8-hour ozone attainment
designation.

DATES: Effective Date: This correcting amendment is effective on August
11, 2006.

ADDRESSES: Copies of the documentation used in the action being
corrected are available for inspection during normal business hours at
the following location: U.S. Environmental Protection Agency, Region 4,
61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Dr. Egide Louis, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number
is<PHONE_NUMBER>. Dr. Louis can also be reached via electronic mail at
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: On September 22, 2005 (70 FR 55559), EPA
published a direct final rulemaking action approving the redesignation
of the Montgomery County, Tennessee portion of the Clarksville-
Hopkinsville 8-hour ozone nonattainment area to attainment status. In
the ``Dates'' section and in section VIII of the September 22, 2005,
action, EPA stated that the rule would be effective on November 21,
2005, unless EPA received adverse written comments by October 24, 2005.
70 FR 55559, 55566. However, in the part 81 chart at the end of the
rulemaking action, EPA erroneously identified the effective date for
the attainment designation as October 24, 2005, instead of November 21,
2005. (70 FR 55568). Today, we are correcting the effective date of the
Montgomery County, Tennessee 8-hour ozone attainment redesignation that
appears in 40 CFR 81.343, so that it correctly reflects the effective
date of the redesignation rulemaking, which is November 21, 2005.
    EPA has determined that today's action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation where public notice and
comment procedures are impracticable, unnecessary or contrary to the
public interest. Public notice and comment for this action are
unnecessary because today's action to correct the effective date of the
8-hour ozone attainment redesignation for Montgomery County, Tennessee
has no substantive impact on EPA's September 22, 2005, redesignation
approval. That is, the correction of the 8-hour ozone attainment
redesignation effective date makes no substantive difference to EPA's
redesignation analysis as set out in our September 22, 2005, rule, and
merely corrects an error made in that prior rulemaking. In addition,
EPA can identify no particular reason why the public would be
interested in being notified of the correction of this error or in
having the opportunity to comment on the correction prior to this
action being finalized, since this correction action does not change
the redesignation approval and merely conforms the effective date of
the attainment redesignation to coincide with the effective date of the
redesignation rulemaking. See, 70 FR 55559, 55568.
    EPA also finds that there is good cause under APA section 553(d)(3)
for this correction to become effective on the date of publication of
this action. Section 553(d)(3) of the APA allows an effective date less
than 30 days after publication ``as otherwise provided by the agency
for good cause found and published with the rule.'' 5 U.S.C. 553(d)(3).
The purpose of the 30-day waiting period prescribed in APA section
553(d)(3) is to give affected parties a reasonable time to adjust their
behavior and prepare before the final rule takes effect. Today's rule,
however, does not create any new regulatory requirements such that
affected parties would need time to prepare before the rule takes
effect. Rather, today's rule merely corrects an inadvertent error by
conforming the effective date of the 8-hour ozone attainment
redesignation for Montgomery County, Tennessee to the effective date of
EPA's rulemaking approving the redesignation. For these reasons, EPA
finds good cause under APA section 553(d)(3) for this correction to
become effective on the date of publication of this action.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely corrects an inadvertent error by conforming the effective date
of the 8-hour ozone attainment redesignation for Montgomery County,
Tennessee to the effective date of EPA's rulemaking approving the
redesignation, and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.). Because this rule merely corrects an inadvertent error by
conforming the effective date of the 8-hour ozone attainment
redesignation for Montgomery County, Tennessee to the effective date of
EPA's rulemaking approving the redesignation, and does not impose any
additional enforceable duty beyond that required by state law, it 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).
    This rule also does not have tribal implications because it will
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, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This rule also does not have Federalism
implications because it does not have substantial direct effects 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, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This rule merely corrects an inadvertent
error by conforming the effective date of the 8-hour ozone attainment
redesignation for Montgomery County, Tennessee to the effective date of
EPA's rulemaking approving the redesignation, and does not alter the
relationship or the distribution of power and responsibilities
established in the Clean Air Act. This rule also is not subject to
Executive Order 13045 ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it is not economically significant. In addition, this rule does not
involve technical standards, thus the requirements of section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule also does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
    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 rule 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).
    Under section 307(b)(1) of the Clean Air Act (CAA), petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 10, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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 may not be challenged later in proceedings
to enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
Wilderness areas.

    Dated: July 20, 2006.
A. Stanley Meiburg,
Acting, Regional Administrator, Region 4.

0
40 CFR part 81 is amended as follows:

PART 81--[CORRECTED]

0
1. The authority citation for part 81 continues to read as follows:

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

0
2. In Sec.  81.343, the table entitled ``Tennessee--Ozone (8-Hour
Standard)'' is amended by revising the entry for ``Clarksville-
Hopkinsville, TN-KY: Montgomery County'' to read as follows:

Sec.  81.343  Tennessee.

* * * * *

                                       Tennessee--Ozone (8-Hour Standard)
----------------------------------------------------------------------------------------------------------------
                                             Designation\a\                      Category/classification
         Designated area         -------------------------------------------------------------------------------
                                     Date \1\             Type                Date \1\               Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Clarksville-Hopkinsville, TN-KY
 Area:
    Montgomery County...........       11/ 21/05  Attainment

                                                 * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.

* * * * *
[FR Doc. E6-13161 Filed 8-10-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: January 22, 2007 (Volume 72, Number 13)]
[Notices]
[Page 2678-2679]
[DOCID:fr22ja07-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application Accepted for Filing and Soliciting Motions
To Intervene, Protests, and Comments

January 12, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12743-000.
    c. Date filed: September 20, 2006.
    d. Applicant: Douglas County, Oregon.
    e. Name of Project: Douglas County Wave and Tidal Energy Project.
    f. Location: The project would be located in the Pacific Ocean in
Douglas County, Oregon.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contacts: Mr. Ronald S. Yocum, Douglas County, Oregon,
430 SE Main Street, P.O. Box 2456, Roseburg, OR 97470, phone: (541)
957-5900.
    i. FERC Contact: Robert Bell,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    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 in 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 Project: Oregon's offshore conditions present the
most optimal wave environment for extracting potential useful energy
according to the Electrical Power Research Institute (EPRI). The wave
energy project would be bounded on the north and south by a 3-mile-long
line, on the east by the shoreline defined by the border of Douglas
County, and on the west by a parallel line 3 miles offshore. Within
this area Douglas County together with the Central Lincoln People's
Utility District (CLPUD), has identified potential interconnections
between the existing CLPUD near shore substations on the power
distribution grid and possible ``wave energy park'' locations off the
coast of Lincoln County. A Bonneville Power Administration (BPA) can
distribute power beyond the county on the electrical grid. Douglas
County's project will comply with all interconnection requirements as
specified by CLPUD and BPA. In addition, there are potentially other
connections including utilizing an existing outfall for a major power
user and possible interconnections with Pacific Power in the northern
portion of Douglas County.
    Such wave parks have the potential of generating from 20 to 180
megawatts (MW) of power or more. Multiple sites would be beneficial to
the immediate area and to the Pacific Northwest in supplementing the
region's hydropower capacity and in providing generation to the west of
the Cascade Mountain Range, thereby easing congestion on the east-west
transmission grid in region. While recognizing that wave energy will be
an intermittent energy source, and mindful of integration needs, waves
are far less intermittent than wind energy and are predictable many
hours ahead of their occurrence.
    Douglas County will examine all the available wave power
technologies for each location within the project boundary. All the
alternative Wave and Tidal Energy Conversion devices capable of
generating commercially viable energy will be explored.
    Douglas County will seek investment of available economic
development dollars to locate businesses to both support wave parks off
our county shores and to create and test new technologies. The Port of
Umpqua has dock and facilities to support vessels servicing the wave
and tidal parks. Adequate industrial lands adjacent to those terminals,
with full infrastructure improvements including water, sewer, and
highways, are available to develop local wave park technology,
manufacturing, maintenance and repair businesses. Oregon State
University, which has launched an initiative to create the U.S. Ocean
Wave Energy Research, Development and Demonstration Center, maintains
the Hatfield Marine Science Center on Yaquina Bay in Newport, which
could become a primary center for creating and field testing new wave
power technologies.
    This project has amended its project boundary so that it does not
compete with the Reedsport OPT Wave Park Project No. 12713-000.
    The project is estimated to have an annual generation of 87.5 to
790 gigawatt-hours.
    l. Locations of Applications: A copy of the application is
available for inspection and reproduction at the Commission in the
Public Reference Room, located at 888 First Street NE., Room 2A,
Washington, DC 20426, or by calling<PHONE_NUMBER>. This filing may
also be viewed on the Commission's Web site 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. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item h
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Competing Preliminary Permit: Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR
4.30(b) and 4.36.
    o. Competing Development Application: Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30(b) and 4.36.
    p. Notice of Intent: A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.

    q. Proposed Scope of Studies under Permit: A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    r. 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. 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.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper; See 18 CFR 385.2001 (a)(1)(iii) and
the instructions on the Commission's Web site under ``e-filing'' link.
The Commission strongly encourages electronic filing.
    s. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'',``COMPETING APPLICATION'' OR
``MOTION TO INTERVENE'', as applicable, and the Project Number of the
particular application to which the filing refers. Any of the above-
named documents must be filed by providing the original and the number
of copies provided by the Commission's regulations to: The Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    t. Agency Comments: Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Magalie R. Salas,
Secretary.
[FR Doc. E7-789 Filed 1-19-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 51 (Friday, March 17, 2017)]
[Notices]
[Pages 14261-14263]
[FR Doc No: 2017-05339]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80224; File No. SR-BX-2017-017]

Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the
Exchange's Transaction Fees at Rule 7018

March 13, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 1, 2017, NASDAQ BX, Inc. (``BX'' or ``Exchange'') filed with
the Securities and Exchange Commission (``SEC'' or ``Commission'') the
proposed rule change as described in Items I, II, and III, below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend the Exchange's transaction fees at
Rule 7018 to add a new charge for providing liquidity on the BX equity
market.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqbx.cchwallstreet.com/, at the principal office
of the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to amend the Exchange's
transaction fees at Rule 7018 to add a reduced fee for providing
liquidity on the BX equity market if certain volume requirements are
met. The Exchange operates on the ``taker-maker'' model, whereby it
pays rebates to members that take liquidity and charges fees to members
that provide liquidity. Currently, a member that adds liquidity through
a displayed order and that does not qualify for one of the current
reduced fees would be assessed a charge of $0.0020 per share executed.
With this proposal, the Exchange proposes to charge $0.0018 per share
executed for a displayed order entered by a member that adds liquidity
equal to or exceeding the member's Growth Target. The Growth Target is
defined as the liquidity the member added in January 2017 as a percent
of total Consolidated Volume plus 0.04% of total Consolidated
Volume.\3\ As such, if the member added liquidity that represented
0.10% of total Consolidated Volume in January, the member's Growth
Target would be 0.14% of total Consolidated Volume. A member that added
0.14% of total Consolidated Volume in March would therefore qualify for
the reduced fee in March.\4\
---------------------------------------------------------------------------

    \3\ Rule 7018(a) defines ``Consolidated Volume'' as the total
consolidated volume reported to all consolidated transaction
reporting plans by all exchanges and trade reporting facilities
during a month in equity securities, excluding executed orders with
a size of less than one round lot. For purposes of calculating
Consolidated Volume and the extent of a member's trading activity,
the date of the annual reconstitution of the Russell Investments
Indexes shall be excluded from both total Consolidated Volume and
the member's trading activity.
    \4\ If a member was not active in the month of January, its
Growth Target would be 0.04% for purposes of determining the
eligibility for this fee.
---------------------------------------------------------------------------

    The purpose of this reduced fee is to incentivize members to add
additional liquidity to the Exchange, thereby increasing the market
quality of the Exchange and benefitting all participants.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\5\ in general, and furthers the objectives of Sections
6(b)(4) and 6(b)(5) of the Act,\6\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility, and is
not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes the proposed fee of $0.0018 per share
executed is reasonable. The charge for adding

displayed liquidity to the Exchange set forth in Rule 7018(a) ranges
from $0.0014 per share executed to $0.0020 per share executed,
depending on whether any required volume thresholds were met. The
Exchange believes that the proposed fee of $0.0018 is reasonable,
because it is consistent with other of the Exchange's charges for
adding liquidity, while it is sufficiently low that it incentivizes
members to add increased liquidity.
    The Exchange also believes that the corresponding volume threshold
to qualify for the fee, and the utilization of January 2017 as the base
for the Growth Target, is reasonable. The requirement that a member add
0.04% over its January added liquidity as a percent of Consolidated
Volume is a meaningful requirement which is designed to incentivize
members to add liquidity. In addition, the proposed volume threshold is
closely aligned with the amount of the transaction fee, and is
consistent with similar volume requirements assessed by the Exchange in
connection with other transaction fees.\7\ The Exchange believes that
using January 2017 as the base for the Growth Target is reasonable
because that month represents the most recent full month of trading,
and because the selection of a previous month as a baseline prevents
members from changing their behavior prospectively to influence their
baseline, and thus, their eligibility for the reduced fee.
---------------------------------------------------------------------------

    \7\ For example, the Exchange assesses a transaction fee of
$0.0017 per share executed for a Displayed order entered by a member
that adds liquidity equal to or exceeding 0.15% of total
Consolidated Volume during a month, and $0.0024 per share executed
for Non-displayed orders (other than orders with Midpoint pegging)
entered by a member that adds 0.06% of total Consolidated Volume of
non-displayed liquidity.
---------------------------------------------------------------------------

    The Exchange also notes that the proposal is consistent with
transaction fees and credits assessed by other exchanges. For example,
Bats BZX Exchange, which operates a maker-taker model, pays a credit of
$0.0030 per share for displayed orders if the member increases its
share of total Consolidated Volume for adding liquidity by 0.15% or
more in comparison to its volume in April 2016,\8\ and assesses a fee
of $0.00295 per share if the member increases its share of total
Consolidated Volume for removing liquidity by 0.05% or more in
comparison to its July 2016 volume.\9\ Similarly, Bats EDGX Exchange
pays a credit of $0.0032 per share if the member increases its share of
total Consolidated Volume for adding liquidity by 0.10% or more in
comparison to its volume in January 2017.\10\
---------------------------------------------------------------------------

    \8\ To be eligible for this rebate, the member must also have an
average daily added volume as a percentage of total Consolidated
Volume that equals or exceeds 0.20%.
    \9\ To be eligible for this fee, the member must also have
Customer orders that remove liquidity that equal or exceed 0.30% of
total Consolidated Volume.
    \10\ To be eligible for this fee, the member must also add an
average daily volume that equals or exceeds 0.40% of total
Consolidated Volume.
---------------------------------------------------------------------------

    BX also believes that the proposed change is equitably allocated
among members, and is not designed to permit unfair discrimination. BX
notes that participation on the Exchange, and eligibility for the
reduced fee, is voluntary, and that the proposed charge applies to all
members that otherwise qualify for the reduced fee, e.g., members that
add 0.04% in excess of the liquidity added in January in a given month.
    In adopting this fee, the Exchange is providing members with
another way in which they may qualify for a reduced transaction fee,
while incentivizing members to add increased liquidity, thereby
benefitting all participants. BX notes that a member that adds 0.04% in
excess of its January liquidity provided as a percent of total
Consolidated Volume would continue to be eligible for the reduced fee
for each month in which it met this requirement. BX believes this
aspect of the proposal is equitable and not unfairly discriminatory, as
this way to receive an ongoing reduced transaction fee is open to any
member that elects to meet the volume requirements.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. In terms of inter-market
competition, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive, or rebate opportunities available at other venues to be more
favorable.
    In such an environment, the Exchange must continually adjust its
fees to remain competitive with other exchanges and with alternative
trading systems that have been exempted from compliance with the
statutory standards applicable to exchanges. Because competitors are
free to modify their own fees in response, and because market
participants may readily adjust their order routing practices, the
Exchange believes that the degree to which fee changes in this market
may impose any burden on competition is extremely limited.
    In this instance, the proposed fee does not impose a burden on
competition because the Exchange's execution services are completely
voluntary and subject to extensive competition both from other
exchanges and from off-exchange venues. The new fee is consistent with
transaction fees and credits currently assessed by other exchanges. The
new fee applies equally to all members that meet the volume
requirements, and all similarly situated members are equally capable of
qualifying for the fee if they choose to meet the volume requirements.
Moreover, the same fee will be assessed to all members that qualify for
the volume requirement. Finally, the purpose of the reduced fee is to
incentivize members to add liquidity to the Exchange, potentially
attracting additional participants to the Exchange and thereby
promoting competition.
    In sum, if the changes proposed herein are unattractive to market
participants, it is likely that the Exchange will lose market share as
a result. Accordingly, the Exchange does not believe that the proposed
changes will impair the ability of members or competing order execution
venues to maintain their competitive standing in the financial markets.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\11\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing,

including whether the proposed rule change is consistent with the Act.
Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BX-2017-017 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2017-017. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly.
    All submissions should refer to File Number SR-BX-2017-017 and
should be submitted on or before April 7, 2017.

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

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

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-05339 Filed 3-16-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Notices]
[Pages 76061-76062]
[FR Doc No: 2012-30872]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4093-DR; Docket ID FEMA-2012-0002]

West Virginia; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of West Virginia (FEMA-4093-DR), dated November
27, 2012, and related determinations.

DATES: Effective Date: November 27, 2012.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated November 27, 2012, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of West Virginia resulting from Hurricane Sandy during the period of
October 29 to November 8, 2012, is of sufficient severity and
magnitude to warrant a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (the ``Stafford Act''). Therefore, I declare that such
a major disaster exists in the State of West Virginia.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.

    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State. Direct
Federal assistance is authorized. Consistent with the requirement
that Federal assistance is supplemental, any Federal funds provided
under the Stafford Act for Public Assistance and Hazard Mitigation
will be limited to 75 percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Dolph A. Diemont, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of West Virginia have been
designated as adversely affected by this major disaster:

    Barbour, Boone, Braxton, Clay, Fayette, Kanawha, Lewis,
Nicholas, Pendleton, Pocahontas, Preston, Raleigh, Randolph, Taylor,
Tucker, Upshur, Webster, and Wyoming Counties for Public Assistance.
Direct federal assistance is authorized.
    All counties within the State of West Virginia are eligible to
apply for assistance under the Hazard Mitigation Grant Program.

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2012-30872 Filed 12-21-12; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Notices]
[Page 44610]
[FR Doc No: 2012-18501]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR12-31-000]

Enbridge Pipelines (North Texas) L.P.; Notice of Compliance
Filing

    Take notice that on July 13, 2012, Enbridge Pipelines (North Texas)
L.P. filed a revised Statement of Operating Conditions to comply with a
Commission order issued in Docket No. PR09-26-000 on June 13, 2012,
(139 FERC ] 61,216) as more fully detailed in the filing.
    Any person desiring to participate in this rate proceeding must
file a motion to intervene or to protest this filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 7 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on Monday, July 30, 2012.

    Dated: July 23, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-18501 Filed 7-27-12; 8:45 am]
BILLING CODE 6717-01-P