[Federal Register Volume 82, Number 81 (Friday, April 28, 2017)]
[Notices]
[Pages 19737-19738]
[FR Doc No: 2017-08583]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-1114]

Pharmaceutical Distribution Supply Chain Pilot Projects;
Reopening of Comment Period; Request for Information

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; reopening of comment period; request for information.

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

SUMMARY: The Food and Drug Administration (FDA) is reopening the
comment period for the Request for Information that appeared in the
Federal Register of April 15, 2016. In the Request for Information, FDA
requested comments regarding issues related to utilizing the product
identifier for product tracing, improving the technical capabilities of
the supply chain, and identifying system attributes that are necessary
to implement the requirements established under the Drug Supply Chain
Security Act (DSCSA). The information gathered from additional public
comments will further inform the design and development of the pilot
project(s) that FDA establishes under the DSCSA. FDA is reopening the
comment period to receive updated comments and any new information.

DATES: FDA is reopening the comment period on the Request for
Information published April 15, 2016 (81 FR 22279). Submit either
electronic or written comments by April 30, 2018. Late, untimely filed
comments will not be considered. Electronic comments must be submitted
on or before April 30, 2018. The https://www.regulations.gov/
electronic filing system will accept comments until midnight Eastern
Time at the end of April 30, 2018. Comments received by mail/hand
delivery/courier (for written/paper submissions) will be considered
timely if they are postmarked or the delivery service acceptance
receipt is on or before that date.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov/.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov/
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov/.

     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2016-N-1114 for '' Pharmaceutical Distribution Supply Chain Pilot
Projects; Reopening of Comment Period; Request for Information.''
Received comments, those filed in a timely manner (see DATES), will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov/ or at
the Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov/. Submit both copies to the Division of Dockets
Management. If you do not wish your name and contact information to be
made publicly available, you can provide this information on the cover
sheet and not in the body of your comments and you must identify this
information as ``confidential.'' Any information marked as
``confidential'' will not be disclosed except in accordance with 21 CFR
10.20 and other applicable disclosure law. For more information about
FDA's posting of comments to public dockets, see 80 FR 56469, September
18, 2015, or access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov/ and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Daniel Bellingham, Office of
Compliance, Center for Drug Evaluation and Research, Food and Drug
Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002,
301-796-3130<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Federal Register of April 15, 2016,
FDA published a Request for Information with a 30-day comment period to
request comments relating to FDA implementation of the DSCSA. To permit
additional and update submissions, we are reopening this comment period
and extending it for April 30, 2018. We are particularly interested in
comments regarding past or present pilot projects related to enhancing
the safety and security of the pharmaceutical distribution supply
chain. Stakeholders that may be interested in responding to this
request for information include manufacturers, repackagers, wholesale
distributors, dispensers, State and Federal authorities, solution
providers, and standards organizations, and other interested persons.
FDA is particularly interested in learning about the practices,
processes, and systems that supply chain stakeholders have used or
considered using in such pilot projects. This includes, but is not
limited to, information about the following:
     Utilizing the product identifier for tracing of a product,
which may include verification of the product identifier of a product,
including the use of aggregation and inference;
     Technical capabilities each sector of the supply chain to
comply with systems and processes needed to utilize the product
identifier to enhance the tracing of a product; or
     System attributes that are necessary to implement the
requirements established under the DSCSA.
    Interested persons are requested to provide any other relevant
information that may inform FDA's development of a pilot project under
the DSCSA.
    FDA is reopening the comment period for the Request for Information
for 1 year, until April 30, 2018. The Agency believes that an
additional comment period of 1 year will allow time for interested
persons to submit new, additional, or updated comments on these
important issues.

    Dated: April 19, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-08583 Filed 4-27-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 76, Number 81 (Wednesday, April 27, 2011)]
[Notices]
[Pages 23579-23580]
[FR Doc No: 2011-10059]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER11-3378-000]

South Hurlburt Wind, 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
South Hurlburt Wind, 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 May 10, 2011.
    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 should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also 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 e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 20, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-10059 Filed 4-26-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 141 (Monday, July 23, 2018)]
[Rules and Regulations]
[Page 34765]
[FR Doc No: 2018-15608]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2018-0442]

Special Local Regulations for Marine Events; Atlantic Ocean,
Thunder Over the Boardwalk Air Show, Atlantic City, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the Thunder Over the Boardwalk
Air Show special local regulation from 10:30 a.m. through 4:30 p.m.
August 20-22, 2018, to provide for the safety of life on navigable
waterways during this event. Our regulation for marine events within
the Fifth Coast Guard District identifies the regulated area for this
event in Atlantic City, NJ. During the enforcement periods, the
operator of any vessel in the regulated area must comply with
directions from the Patrol Commander or any Official Patrol displaying
a Coast Guard ensign.

DATES: The regulations in 33 CFR 100.501 will be enforced each day from
10:30 a.m. to 4:30 p.m. August 20-22, 2018, for the special local
regulation listed at (a)8 in the table to Sec.  100.501.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, you may call or email MST1 Edmund Ofalt, Sector
Delaware Bay Waterways Management Division, U.S. Coast Guard; telephone
215-271-4889, email [email protected].

SUPPLEMENTARY INFORMATION: On April 20, 2018, the Greater Atlantic City
Chamber of Commerce notified the Coast Guard of a date change through
submission of a marine event application. A change of the dates to the
previously published dates in the Code of Federal Regulations (CFR) for
the annual Thunder Over the Boardwalk Air Show, as listed in the Table
to 33 CFR 100.501 at (a)8. is necessary due to a schedule change from
the sponsor. This year the Coast Guard will enforce the special local
regulation for the Thunder Over the Boardwalk Air Show regulated area
from 10:30 a.m. to 4:30 p.m. August 20-22, 2018. This action is being
taken to provide for the safety of life on navigable waterways during
this 3-day event. Our regulation for marine events within the Fifth
Coast Guard District, Sec.  100.501, specifies the location of the
regulated area for the Atlantic City Air Show which encompasses all
waters of the North Atlantic Ocean, adjacent to Atlantic City, New
Jersey, bounded by a line drawn between the following points: From a
point along the shoreline at latitude 39[deg]21'31'' N, longitude
074[deg]25'04'' W, thence southeasterly to latitude 39[deg]21'08'' N,
longitude 074[deg]24'48'' W, thence southwesterly to latitude
39[deg]20'16'' N, longitude 074[deg]27'17'' W, thence northwesterly to
a point along the shoreline at latitude 39[deg]20'44'' N, longitude
074[deg]27'31'' W, thence northeasterly along the shoreline to latitude
39[deg]21'31'' N, longitude 074[deg]25'04'' W.
    During enforcement, vessels or persons must not enter, transit
through, anchor in, or remain within the regulated area unless first
authorized to do so by the Captain of the Port Delaware Bay or a
designated representative. If permission is granted, the person or
vessel must comply with the instructions of the COTP, designated
representative, or Patrol Commander.

    Dated: July 17, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-15608 Filed 7-20-18; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: August 11, 2006 (Volume 71, Number 155)]
[Notices]
[Page 46218]
[DOCID:fr11au06-60]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Project No. 2145-060]

Rocky Reach Hydroelectric Project; Notice of Availability of the
Final Environmental Impact Statement for the Rocky Reach Project

August 4, 2006.
    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission (Commission or FERC)
regulations contained in the Code of Federal Regulations (CFR) (18 CFR
Part 380 [FERC Order No. 486, 52 FR 47897]), the Office of Energy
Projects staff (staff) has reviewed the application for a New Major
License for the Rocky Reach Project (FERC No. 2145-060), located on the
Columbia River in Chelan County, Washington, and has prepared a Final
Environmental Impact Statement (final EIS) for the project. The project
occupies about 152 acres of Federal lands managed by the U.S. Bureau of
Land Management and the U.S. Forest Service.
    The final EIS contains staff's analysis of the applicant's proposal
and the alternatives for relicensing the Rocky Reach Project. The final
EIS documents the views of the Commission staff and of government
agencies, non-government organizations, affected Indian tribes, the
public, and the license applicant.
    A copy of the final EIS is available for review in the Commission
Public Reference Branch, Room 2A, located at 888 First Street, NE.,
Washington, DC 20426. The final EIS may also be viewed on the
Commission's Web site at http://www.ferc.gov under the eLibrary link.

Enter docket number excluding the last three digits in the docket
number field to access the document. For assistance, contact FERC
Online Support at<EMAIL_ADDRESS>or toll-free at 1-866-208-
3676, or for TTY,<PHONE_NUMBER>.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp
 to be notified via e-mail of new filings and

issuances related to this or other pending projects. For assistance,
contact FERC Online Support. For further information, please contact
Kim A. Nguyen at<PHONE_NUMBER> or at<EMAIL_ADDRESS>
Magalie R. Salas,
Secretary.
 [FR Doc. E6-13141 Filed 8-10-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 114 (Thursday, June 13, 2019)]
[Notices]
[Pages 27638-27640]
[FR Doc No: 2019-12472]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0190]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Requirements Under the Comprehensive Smokeless Tobacco
Health Education Act of 1986, as Amended by the Family Smoking
Prevention and Tobacco Control Act

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information including
each proposed extension of an existing collection of information and to
allow 60 days for public comment in response to the notice. This notice
solicits comments on the information collection ``Requirements Under
the Comprehensive Smokeless Tobacco Health Education Act of 1986, as
Amended by the Family Smoking Prevention and Tobacco Control Act.''

DATES: Submit either electronic or written comments on the collection
of information by August 12, 2019.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before August 12, 2019. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of August 12, 2019. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2013-N-0190 for ``Requirements Under

the Comprehensive Smokeless Tobacco Health Education Act of 1986, as
Amended by the Family Smoking Prevention and Tobacco Control Act.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Requirements Under the Comprehensive Smokeless Tobacco Health Education
Act of 1986, as Amended by the Family Smoking Prevention and Tobacco
Control Act

OMB Control Number 0910-0671--Extension

    The Family Smoking Prevention and Tobacco Control Act (Tobacco
Control Act) was enacted on June 22, 2009, amending the Federal Food,
Drug, and Cosmetic Act and providing FDA with the authority to regulate
tobacco products (Pub. L. 111-31). Section 3 of the Comprehensive
Smokeless Tobacco Health Education Act of 1986 (the Smokeless Tobacco
Act) (15 U.S.C. 4402), as amended by section 204 of the Tobacco Control
Act, requires, among other things, that all smokeless tobacco product
packages and advertisements bear one of four required warning
statements. Section 3(b)(3)(A) of the Smokeless Tobacco Act requires
that the warnings be displayed on packaging and advertising for each
brand of smokeless tobacco ``in accordance with a plan submitted by the
tobacco product manufacturer, importer, distributor, or retailer'' to,
and approved by, FDA.
    This information collection, the submission to FDA of warning plans
for smokeless tobacco products, is statutorily mandated. The warning
plans will be reviewed by FDA, as required by the Smokeless Tobacco
Act, to determine whether the companies' plans for the equal
distribution and display of warning statements on packaging and the
quarterly rotation of warning statements in advertising for each brand
of smokeless tobacco products comply with section 3 of the Smokeless
Tobacco Act, as amended. Additionally, FDA considers a submission to be
a supplement if the submitter is seeking approval of a change to an
FDA-approved warning plan.
    Based on FDA's experience over the past several years, FDA believes
the estimate of 60 hours to complete an initial rotational plan
continues to be accurate. If a supplement to an approved plan is
submitted, FDA estimates it will take half the time per response (30
hours).
    FDA estimates the burden of this collection of information as
follows:

                                   Table 1--Estimated Annual Reporting Burden
----------------------------------------------------------------------------------------------------------------
                                                  Number of
                                     Number of    responses      Total       Average                    Total
             Activity               respondents      per         annual     burden per  Total hours    capital
                                                  respondent   responses     response                   costs
----------------------------------------------------------------------------------------------------------------
Submission of Initial rotational              4            1            4           60          240          $48
 plans for health warning
 statements.......................

Supplement to approved plan.......           10            1           10           30          300          120
                                   -----------------------------------------------------------------------------
    Total.........................  ...........  ...........  ...........  ...........          540          168
----------------------------------------------------------------------------------------------------------------

    FDA estimates a total of 4 respondents will submit a new original
warning plan and take 60 hours to complete a rotational warning plan
for a total of 240 burden hours. In addition, 10 respondents will
submit a supplement to an approved warning plan at 30 hours per
response for a total of 300 hours. The total burden for this collection
is estimated to be 540 hours.
    Capital costs are based on 14 respondents mailing in their
submission at a postage rate of $12 for a 5-pound parcel (business
parcel post mail delivered from the furthest delivery zone). Therefore,
FDA estimates that the total postage cost for mailing the rotational
warning plans FDA to be $168.
    We have adjusted our burden estimate, which has resulted in a
decrease of 5,460 hours and 86 respondents to the currently approved
burden. We received a total number of 44 original smokeless warning
plans, and a total of 17 supplements. After receiving the initial
influx of original warnings plans, FDA does not expect to receive as
many original warning plans annually. We expect that a few supplements
will continue to be received as new products are marketed or as warning
plans are revised. We anticipate a total number of 10 supplements
submitted annually and 4 original smokeless warning plans.

    Dated: June 7, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-12472 Filed 6-12-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 80, Number 185 (Thursday, September 24, 2015)]
[Notices]
[Pages 57599-57600]
[FR Doc No: 2015-24241]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EF15-11-000]

Southeastern Power Administration; Notice of Filing

    Take notice that on September 17, 2015, the Southeastern Power
Administration submitted a tariff filing: Kerr-Philpott 2015 Rate
Adjustment to be effective 10/1/2015.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214).

Protests will be considered by the Commission in determining the
appropriate action to be taken, but will not serve to make protestants
parties to the proceeding. Any person wishing to become a party must
file a notice of intervention or motion to intervene, as appropriate.
Such notices, motions, or protests must be filed on or before the
comment date. On or before the comment date, it is not necessary to
serve motions to intervene or protests on persons other than the
Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    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 October 19, 2015.

    Dated: September 18, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-24241 Filed 9-23-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 31 (Thursday, February 14, 2019)]
[Notices]
[Pages 4058-4060]
[FR Doc No: 2019-02346]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP19-31-000]

Southern Star Central Gas Pipeline Docket; Notice of Intent To
Prepare an Environmental Assessment for the Proposed Lines DT and DS
Replacement Project, and Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment that will discuss
the environmental impacts of the Lines DT and DS Replacement Project
(Project) involving construction and operation of facilities by
Southern Star Central Gas Pipeline (Southern Star) in Anderson and
Franklin Counties, Kansas. The Commission will use this EA in its
decision-making process to determine whether the Project is in the
public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies about issues regarding the project. The National Environmental
Policy Act (NEPA) requires the Commission to take into account the
environmental impacts that could result from its action whenever it
considers the issuance of a Certificate of Public Convenience and
Necessity. NEPA also requires the Commission to discover concerns the
public may have about proposals. This process is referred to as
``scoping.'' The main goal of the scoping process is to focus the
analysis in the EA on the important environmental issues. By this
notice, the Commission requests public comments on the scope of the
issues to address in the EA. To ensure that your comments are timely
and properly recorded, please submit your comments so that the
Commission receives them in Washington, DC on or before 5:00 p.m.
Eastern Time on March 11, 2019.
    You can make a difference by submitting your specific comments or
concerns about the project. Your comments should focus on the potential
environmental effects, reasonable alternatives, and measures to avoid
or lessen environmental impacts. Your input will help the Commission
staff determine what issues they need to evaluate in the EA. Commission
staff will consider all filed comments during the preparation of the
EA.
    If you sent comments on this project to the Commission before the
opening of this docket on December 21, 2018, you will need to file
those comments in Docket No. CP19-31-000 to ensure that they are
considered as part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable easement agreement. You
are not required to enter into an agreement. However, if the Commission
approves the project, that approval conveys with it the right of
eminent domain. Therefore, if you and the company do not reach an
easement agreement, the pipeline company could initiate condemnation
proceedings in court. In such instances, compensation would be
determined by a judge in accordance with state law.
    Southern Star provided landowners with a fact sheet prepared by the
FERC entitled ``An Interstate Natural Gas Facility On My Land? What Do
I Need To Know?'' This fact sheet addresses a number of typically asked
questions, including the use of eminent domain and how to participate
in the Commission's proceedings. It is also available for viewing on
the FERC website (www.ferc.gov) at https://www.ferc.gov/resources/guides/gas/gas.pdf.

Public Participation

    The Commission offers a free service called eSubscription which
makes it easy to stay informed of all issuances and submittals
regarding the dockets/projects to which you subscribe. These instant
email notifications are the fastest way to receive notification and
provide a link to the document files which can reduce the amount of
time you spend researching proceedings. To sign up go to www.ferc.gov/docs-filing/esubscription.asp.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or<EMAIL_ADDRESS>Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. Using eComment is an easy
method for submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. With eFiling, you can provide
comments in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; a comment on a particular project is considered a ``Comment
on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the project docket number
(CP19-31-000) with your submission: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE, Room 1A,
Washington, DC 20426.

Summary of the Proposed Project

    Southern Star proposes to abandon two pipelines and construct one
larger diameter pipeline to replace the pipelines being abandoned, in
Anderson and Franklin Counties, Kansas. The Project consists of the
following:
     Construction of 31.5 miles of new 36-inch-diameter
pipeline, designated as Line DPA, and three small-diameter (i.e., 2 to
4 inches) pipeline laterals, totaling 5.94 miles, the new pipelines
will replace Southern Star's existing 20-inch-diameter pipeline,
designated as Line DS (31.4 miles of which 29.4 miles will be removed
and 2 miles will be abandoned in place), and existing 26-inch-diameter
pipeline, designated as Line DT (31.8 miles of which 29 miles will be
removed and 2.8 miles will be abandoned in place) as part of the
Project;
     modifications at two existing compressor stations (Ottawa
Compressor Station [CS] and Welda CS),

five existing tie-ins, and associated auxiliary and appurtenant
facilities; and
     construction of one new regulator/measuring station
(Richmond Regulator Station), two new launchers and receivers, three
new mainline valves (MLVs), and four new tie-ins along the new pipeline
laterals.
    The general location of the project facilities is shown in appendix
1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called ``eLibrary'' or from the Commission's Public
Reference Room, 888 First Street NE, Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the last page of this notice.
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Land Requirements for Construction

    Constructing the proposed facilities would require the use of
approximately 1,081.5 acres of land, while 300.4 acres would be
permanently affected during operation of the Project. The total acreage
of land that would be affected by construction of aboveground
facilities is 34.9 acres.
    Southern Star proposes to co-locate 28.6 miles (approximately 91
percent) of the new Line DPA within or adjacent to existing corridors.
Southern Start also proposes to overlap temporary workspace for the new
Line DPA with its existing Lines DT, DS, or DP easement. Southern Star
would use a 110-foot-wide construction right-of-way for Line DPA. ATWS
needed for the Project would total 21.5 acres. ATWS would be restored
to pre-existing conditions following construction activities, resulting
in no permanent impacts on these areas. Southern Star would use 11
temporary contractor/pipe yards to facilitate construction of the
Project. The contractor/pipe yards would be used primarily for the
staging, parking, and storage of construction equipment and materials.
After completion of construction, the contractor/pipe yards would be
returned to pre-construction conditions unless otherwise agreed upon
with the landowner and submitted to FERC for review and approval.

The EA Process

    The EA will discuss impacts that could occur as a result of the
construction and operation of the proposed project under these general
headings:
     Geology and soils;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     land use;
     air quality and noise;
     public safety; and
     cumulative impacts

    Commission staff will also evaluate reasonable alternatives to the
proposed project or portions of the project, and make recommendations
on how to lessen or avoid impacts on the various resource areas.
    The EA will present Commission staffs' independent analysis of the
issues. The EA will be available in electronic format in the public
record through eLibrary \2\ and the Commission's website (https://www.ferc.gov/industries/gas/enviro/eis.asp). If eSubscribed, you will
receive instant email notification when the EA is issued. The EA may be
issued for an allotted public comment period. Commission staff will
consider all comments on the EA before making recommendations to the
Commission. To ensure Commission staff have the opportunity to address
your comments, please carefully follow the instructions in the Public
Participation section.
---------------------------------------------------------------------------

    \2\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
---------------------------------------------------------------------------

    With this notice, the Commission is asking agencies with
jurisdiction by law and/or special expertise with respect to the
environmental issues of this project to formally cooperate in the
preparation of the EA.\3\ Agencies that would like to request
cooperating agency status should follow the instructions for filing
comments provided under the Public Participation section of this
notice.
---------------------------------------------------------------------------

    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
---------------------------------------------------------------------------

Consultation Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission is are using this notice to initiate
consultation with the applicable State Historic Preservation Office
(SHPO), and to solicit their views and those of other government
agencies, interested Indian tribes, and the public on the project's
potential effects on historic properties.\4\ Commission staff will
define the project-specific Area of Potential Effects (APE) in
consultation with the SHPO as the project develops. On natural gas
facility projects, the APE at a minimum encompasses all areas subject
to ground disturbance (examples include construction right-of-way,
contractor/pipe storage yards, compressor stations, and access roads).
The EA for this project will document findings on the impacts on
historic properties and summarize the status of consultations under
section 106.
---------------------------------------------------------------------------

    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. Commission staff will update the environmental
mailing list as the analysis proceeds to ensure that Commission notices
related to this environmental review are sent to all individuals,
organizations, and government entities interested in and/or potentially
affected by the proposed project.
    If the Commission issues the EA for an allotted public comment
period, a Notice of Availability of the EA will be sent to the
environmental mailing list and will provide instructions to access the
electronic document on the FERC's website (www.ferc.gov). If you need
to make changes to your name/address, or if you would like to remove
your name from the mailing list, please return the attached ``Mailing
List Update Form'' appendix 2.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website at www.ferc.gov using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number
in the ``Docket Number'' field, excluding the last three digits (i.e.,
CP19-31). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or<PHONE_NUMBER>, or for TTY, contact (202)
502-8659. The eLibrary link also provides access to the texts of all
formal documents issued by the Commission, such as orders, notices, and
rulemakings.
    Public sessions or site visits will be posted on the Commission's
calendar

located at www.ferc.gov/EventCalendar/EventsList.aspx along with other
related information.

    Dated: February 8, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-02346 Filed 2-13-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 214 (Tuesday, November 5, 2013)]
[Rules and Regulations]
[Pages 66267-66269]
[FR Doc No: 2013-26521]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0855]
RIN 1625-AA00

Safety Zone; HITS Triathlon Series; Colorado River; Lake Havasu,
AZ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone upon the
navigable waters of the Colorado River in support of the HITS Triathlon
Series. This safety zone is necessary to provide for the safety of the
participants, crew, spectators, participating vessels, and other
vessels and users of the waterway. Persons and vessels are prohibited
from entering into, transiting through, or anchoring within this safety
zone unless authorized by the Captain of the Port, or his designated
representative.

DATES: This rule is effective from 7 a.m. on November 9, to 1 p.m. on
November 10, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0855]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Bryan Gollogly, Waterways Management, U.S.
Coast Guard Sector San Diego; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

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)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because an NPRM would be impracticable.
Logistical details did not present the Coast Guard enough time to draft
and publish an NPRM. As such, the event would occur before the
rulemaking process was complete. Immediate action is needed to ensure
the safety of the swimmers from the dangers associated with transiting
vessels.
    Under 5 U.S.C. 553(d)(3), for the same reasons mentioned above, the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register. Any delay
in the effective date of this rule would be contrary to the public
interest, because immediate action is necessary to protect the swimmers
from the dangers associated with transiting vessels.

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 HITS Inc. is sponsoring the HITS
Triathlon Series, which will involve 1,200 swimmers transiting North
Thompson Bay in Lake Havasu, AZ.
    The safety zone will encompass the waters in the northern portion
of Thompson Bay, within the following coordinates:

034[deg]27'55.7'' N, 114[deg]20'51.3'' W
034[deg]27'53.6'' N, 114[deg]20'48.0'' W
034[deg]27'19.7'' N, 114[deg]20'53.2'' W
034[deg]27'36.8'' N, 114[deg]20'26.2'' W

    This temporary safety zone is necessary to prevent vessels from
transiting the area and to protect the swimmers from potential damage
and injury.

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone that will be enforced
from 7 a.m. to 10 a.m. on November 9, 2013 and 7 a.m. to 1 p.m. on
November 10, 2013. The limits of the safety zone will include the
waters of the northern portion of Thompson Bay. The safety zone is
necessary to provide for the safety of the crew, spectators,
participants, and other vessels and users of the waterway. Persons and
vessels are prohibited from entering into, transiting through, or
anchoring within this safety zone unless authorized by the Captain of
the Port, or his designated representative. Before the effective
period, the Coast Guard will publish a local notice to mariners (LNM).

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. We expect the economic
impact of this proposed rule to be so minimal that a full Regulatory
Evaluation is unnecessary. This determination is based on the size and
location of the safety zone. Commercial vessels will not be hindered by
the safety zone. Recreational vessels will not be allowed to transit
through the designated safety zone during the specified times.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. 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 would affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit or anchor in the impacted portion of Lake Havasu
from 7 a.m. to 10 a.m. on November 9, 2013 and 7 a.m. to 1 p.m. on
November 10, 2013.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be enforced only ten hours early in the day when vessel
traffic is low. Before the effective period, the Coast Guard will
publish a local notice to mariners (LNM).

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations

That Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. Environment

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add temporary Sec.  165.T11-602 to read as follows:

Sec.  165.T11-602  Safety Zone; HITS Triathlon Series; Colorado River,
Lake Havasu City, AZ.

    (a) Location. The safety zone includes the waters in the northern
portion of Thompson Bay, within the following coordinates:
034[deg]27'55.7'' N, 114[deg]20'51.3'' W; 034[deg]27'53.6'' N,
114[deg]20'48.0'' W; 034[deg]27'19.7'' N, 114[deg]20'53.2'' W;
034[deg]27'36.8'' N, 114[deg]20'26.2'' W.
    (b) Enforcement Period. This section will be enforced from 7 a.m.
to 10 a.m. on November 9, 2013 and 7 a.m. to 1 p.m. on November 10,
2013.
    (c) Definitions. The following definition applies to this section:
designated representative, means any commissioned, warrant, and petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and federal law enforcement vessels who
have been authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated on-scene representative.
    (2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated representative.
    (3) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light or other means, the operator of a vessel
shall proceed as directed.
    (4) The Coast Guard may be assisted by other federal, state, or
local agencies.

    Dated: October 19, 2013.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2013-26521 Filed 11-4-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 5 (Wednesday, January 8, 2014)]
[Notices]
[Pages 1386-1387]
[FR Doc No: 2014-00064]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4159-DR; Docket ID FEMA-2013-0001]

Texas; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Texas (FEMA-4159-DR), dated December 20,
2013, and related determinations.

DATES: Effective Date: December 20, 2013.

FOR FURTHER INFORMATION CONTACT: Dean Webster, 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 December 20, 2013, 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 Texas resulting from severe storms and flooding during the period
of October 30-31, 2013, 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 Texas.
    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.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation will be limited to 75 percent of the total
eligible costs. Federal funds provided under the Stafford Act for
Public Assistance also will be limited to 75 percent of the total
eligible costs, with the

exception of projects that meet the eligibility criteria for a
higher Federal cost-sharing percentage under the Public Assistance
Alternative Procedures Pilot Program for Debris Removal implemented
pursuant to Section 428 of the Stafford Act.
    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, William J. Doran III, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Texas have been designated as
adversely affected by this major disaster:

    Caldwell, Hays, and Travis Counties for Public Assistance.
    All counties within the State of Texas 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. 2014-00064 Filed 1-7-14; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 88, Number 142 (Wednesday, July 26, 2023)]
[Notices]
[Pages 48273-48276]
[FR Doc No: 2023-15758]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97955; File No. SR-ICEEU-2023-020]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing of Proposed Rule Change Relating to Amendments to Recovery
Plan

July 20, 2023
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of
1934,\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on
July 10, 2023, ICE Clear Europe Limited filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change described
in Items I, II and III below, which Items have been prepared primarily
by ICE Clear Europe. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    ICE Clear Europe Limited (``ICE Clear Europe'' or the ``Clearing
House'') proposes to amend its Recovery Plan (``Plan'') \3\ to update
certain aspects of recovery planning and operations and testing
procedures and make certain other clarifications.
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    \3\ Capitalized terms used but not defined herein have the
meanings specified in the Recovery Plan or, if not defined therein,
the ICE Clear Europe Clearing Rules.
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II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, ICE Clear Europe 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. ICE Clear Europe has prepared summaries,
set forth in sections (A), (B), and (C) below, of the most significant
aspects of such statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

(a) Purpose
    ICE Clear Europe is proposing to amend its Recovery Plan to make
various enhancements, updates and clarifications. In the discussion of
the scale of coverage of the Clearing House's recovery options, the
amendments would revise the description of the Significant Coverage
from Powers of Assessment (``PoA'') to remove references to the
specific expected coverage of defaults by PoA for the F&O and CDS
clearing service. ICE Clear Europe is not proposing to change through
these amendments the amount of the relevant guaranty funds and related
PoA under the Rules and related policies, but does not believe it is
necessary to specify expected coverage in this way in the Recovery
Plan. As revised, the discussion of coverage from PoA would reflect
that losses from defaults of the largest clearing members under extreme
but plausible stress scenarios can be immediately covered through PoA,
as resources can be collected from non-defaulting Clearing Members
intraday and in cash under the existing Rules and Procedures. The
amendments would also state that the assessment of the PoA's capacity
to offset losses can be performed by reverse stress testing.
    In the discussion of the Clearing House's ability to fully cover
default losses using partial tear-ups, a statement that default losses
can be fully covered would be removed as unnecessary and repetitive. In
terms of the discussion of the Clearing House's ability to fully cover
investment losses, the amendments would remove a reference to the
specific amount to be covered by Clearing House contributions (as such
amount is set under the Rules and is subject to change from time to
time under the Rules). Certain non-substantive drafting clarifications
would also be made in this section.
    The amendments would also update the discussion of certain
decision-making requirements. In circumstances where the Board cannot
be convened in advance of making a material decision under the Plan,
the amendments would clarify that the Board would be convened
afterwards as soon as reasonably possible and updated on the steps
taken. Additionally, the amendments would clarify that although
exercising recovery options would not need the approval of Clearing
Members, exchanges or other external stakeholders, ICE Clear Europe
would seek to communicate its plans and intentions to such stakeholders
where possible, and as soon as reasonably practicable.
    The procedures for testing of the Plan would be revised to provide
that testing would be conducted at least annually (rather than only
annually). The amendments would further specify that given the number
of recovery options available, one default and one non-default scenario
would be tested each year, and all the recovery options would be tested
over a three year cycle. The testing schedule (and changes to it) would
be approved by, and the results of testing would be reported to, ICEU's
Executive Risk Committee. The proposed changes would also more fully
describe the testing strategy, which includes both physical elements
(such as processing of operational aspects of the Plan in a non-
production environment and governance aspects such as Board engagement)
and simulated tabletop exercises. Testing of default-related recovery
scenarios may also be included in default fire drills, including
coordination with other relevant clearing agencies. Additionally, the
Recovery Plan test would add to the list of issues examined as part of
testing whether all services continue to be provided, including those
to affiliates, and what governance pathways would be used. The
amendment would clarify that any changes resulting from the review of
the Plan after each test would be addressed as part of the defined
governance process included in the Plan.
    The proposed amendments would make certain clarifications relating
to the critical services provided by the Clearing House. Certain
updates and corrections are made to the products currently cleared,
including to reference option contracts generally instead of only
options on futures and to reference the IFAD exchange for which
clearing services are provided in the F&O product category. The
amendments also would add an explanatory footnote to distinguish
critical services from certain similar concepts use in the Clearing
House's other policies and frameworks. In the discussion of impacts of
recovery options of market participants, a clarification would be added
that capital and liquidity impacts on market participants would be
taken into account as far as reasonably possible (to reflect certain
practical limitations on the Clearing House's ability to address such
matters).
    The service providers supporting the critical services would now
include repo counterparties in addition to investment agents, to
reflect the Clearing House's use of repurchase transactions with such
counterparties. The amendments would also add to the list of such
service providers default brokers, which may be used to execute market
transaction in order to hedge a defaulter's book and/or liquidate non-
cash collateral. Amendments would also reflect that inter-affiliate
arrangements may be documented under intercompany service agreements
rather than outsourcing agreements.

    The amendments would make certain enhancements to the discussion of
how the Clearing House mitigates dependencies on service providers. In
the context of situations where ICE Clear Europe relies on the
existence of multiple, substitutable providers, the amendments would
reflect that ICE Clear Europe regularly tests its assumptions that this
is an effective strategy, as part of its operational resilience
framework. Similarly, where the Clearing House relies on resilience and
redundancy with respect to a provider, it would regularly test these
assumptions under the operational resilience framework. In terms of
contractual protections under arrangements with service providers, the
amendments would state that the Clearing House ensures contracts do not
permit service providers to unduly alter or terminate the contracts (as
opposed to the more limited analysis under the current Plan of whether
alteration or termination would be permitted if ICE Clear Europe were
under financial stress). The updates would also provide for periodic
ongoing analyses of these contracts in the context of the Plan. The
amendments would remove a specific determination that investment
agents, APS banks, central banks and data providers are excluded from
being dependencies on the basis of substitutability; under the revised
Plan such service providers may be subject to the mitigation
arrangements discussed, as appropriate.
    The proposed changes would remove certain statements that the
Clearing House does not have a dependency on physical delivery agents,
other ICE exchange or ICE Clearing Houses. Although there are
applicable mitigants in many cases, such relationships may nonetheless
be regarded as dependencies. The amendments would add a provision that
ICE Clear Europe for certain markets regularly tests its ability to
perform the functions of delivery agents under certain disruption
scenarios. The amendments would also clarify certain other testing
practices, including as part of the operational resilience framework,
applicable to relationships with ICE Exchanges and ICE Technology and
Operations Group. For dependencies on other ICE clearing houses, the
revised Plan would note that the relevant processes that ICE Clear
Europe could use in the event of a failure by the other clearing house
are generally already performed by ICE Clear Europe.
    In the discussion of technology infrastructure, clarifying
references to CDS and F&O are added to the descriptions of the various
systems to reflect the specific systems currently used for those
businesses. Additionally, the proposed rules would update the list of
certain ways in which risks are mitigated to address periodic testing,
operational resilience, the role of ICE Clear Europe as a participant
in defining requirements in the development of new capabilities, notice
periods under service agreements (not merely outsourcing arrangements),
and other nonsubstantive changes. The revised Plan would also address
certain services that ICE Clear Europe provides to other ICE
affiliates, noting that ICE Clear Europe assumes that such services
will continue to be provided during the execution of the Plan. ICE
Clear Europe believes that in the event of a Plan execution, there will
be relevant resources in place that will allow those services to
continue, particularly for those that are operational in nature or
almost fully automated. Those not fully automated would have backup
arrangements that are periodically tested.
    For recovery scenarios and triggers, the amendments would clarify
the trigger for the non-default losses scenario involving the Clearing
House's base capital by defining a breach based on referring to
insufficient EMIR eligible capital. The amendments would clarify that
each stress scenario listed in the appendix would be mapped to key
risks contained in the Clearing House's risk appetite statements, to
ensure that each key risk is covered.
    The amendments would reference the Clearing House's existing
operational resilience framework, which encompasses (and supersedes
previous) business continuity and disaster recovery plans and includes
incident management processes. Various references throughout the Plan
to business continuity, disaster recovery or similar matters have been
replaced by references to the operational resilience framework and
related incident management processes.
    Additional explanatory language with regards to early warnings for
default and non-default loss scenarios to make consistent with the
Rules. Throughout the Plan, the language has changed to reflect the
name update of the Capital Replenishment Plan to be consistent.
    The amendments would also remove from the explanations of the
Plan's design and development certain duplicative information about
coverage of various types of losses that is addressed in other parts of
the Plan. Additionally, the Clearing House would clarify certain
references to the Crisis Communications and Management Plan (which
would be renamed the Communications Plan). Members of each
communications group would be updated to reference relevant personnel,
including adding the President to most communication groups and
adjusting certain other referenced personnel to reflect current
Clearing House operations. In addition, the Plan would address a
contingency in a recovery situation where the President is not
available. Similarly, the references to the Major Incident Response
Plan would be updated to reflect that the plan has been renamed the
Crisis Management Plan. Regarding the scenario steps in a default and
non-default loss, the proposed changes will also make certain minor
changes to timing and notification processes.
    The proposed changes would add a new Document Governance and
Exception Handling section that is consistent with other Clearing House
policies. This section would describe the responsibilities for the
document owners in accordance with ICEU's governance processes, as well
as breach management, exception handling, and document governance.
    The description of the ICE Clear Europe committee structure in
Appendix A would be removed. ICE Clear Europe believes the structure is
fully defined in other documentation and does not need to be included
in the Plan.
    In addition, amendments throughout the Plan would make other minor
non-substantive drafting and conforming changes and typographical
corrections.
(b) Statutory Basis
    ICE Clear Europe believes that the proposed amendments to the Plan
are consistent with the requirements of Section 17A of the Securities
Exchange Act of 1934 \4\ (``Act'') and the regulations thereunder
applicable to it. In particular, Section 17A(b)(3)(F) of the Act \5\
requires, among other things, that the rules of a clearing agency be
designed to promote the prompt and accurate clearance and settlement of
securities transactions and, to the extent applicable, derivative
agreements, contracts, and transactions, the safeguarding of securities
and funds in the custody or control of the clearing agency or for which
it is responsible, and the protection of investors and the public
interest. The proposed changes to the Plan are intended to make various
updates, enhancements and clarifications to the Plan, including with
regard to the critical service providers and other dependencies of the
Clearing

House, as well as mitigants for such dependencies. The amendments would
also enhance procedures around testing of the Plan and related default
and non-default scenarios that could lead to the need to implement the
Plan. Other amendments are intended to conform to changes in other ICE
Clear Europe policies and procedures. The amendments would also clarify
certain aspects of the recovery scenarios and procedures as well as
potentially triggering or warning events for losses. Overall, the
amendments would help the Clearing House facilitate an orderly recovery
of its clearing businesses in the event of a severe financial stress or
loss. As a result, in ICE Clear Europe's view, the amendments would be
consistent with the prompt and accurate clearance and settlement of the
contracts, the safeguarding of funds or securities in the custody or
control of the clearing agency or for which it is responsible, and the
protection of investors and the public interest, consistent with the
requirements of Section 17A(b)(3)(F) of the Act.\6\
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    \4\ 15 U.S.C. 78q-1.
    \5\ 15 U.S.C. 78q-1(b)(3)(F).
    \6\ 15 U.S.C. 78q-1(b)(3)(F).
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    Rule 17Ad-22(e)(2) provides that ``[e]ach covered clearing agency
shall establish, implement, maintain and enforce written policies and
procedures reasonably designed to, as applicable [. . .] provide for
governance arrangements that are clear and transparent'' \7\ and
``[s]pecify clear and direct lines of responsibility.'' \8\ The
amendments to the Plan would enhance various aspects of the governance
surrounding the implementation, testing and modification of the Plan.
Amendments would more clearly state the procedures for communications
with relevant groups of stakeholders in connection with the Plan, and
take into account the Clearing House's broader Communications Plan and
Crisis Management Plan. They would also clarify certain aspects of the
role of the President and key personnel. In addition, the amendments
would address document governance, breach management and exception
handling, in a manner generally consistent with other ICE Clear Europe
policies. In ICE Clear Europe's view, the amendments are therefore
consistent with the requirements of Rule 17Ad-22(e)(2).\9\
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    \7\ 17 CFR 240.17 Ad-22(e)(2)(i).
    \8\ 17 CFR 240.17 Ad-22(e)(2)(v).
    \9\ 17 CFR 240.17Ad-22(e)(2).
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    The proposed amendments are also consistent with Rule 17Ad-
22(e)(3)(ii), which provides that ``[e]ach covered clearing agency
shall establish, implement, maintain and enforce written policies and
procedures reasonably designed to, as applicable [. . .] maintain a
sound risk management framework for comprehensively managing legal,
credit, liquidity, operational, general business, investment, custody,
and other risks that arise in or are borne by the covered clearing
agency, which [. . .] includes plans for the recovery and orderly wind-
down of the covered clearing agency necessitated by credit losses,
liquidity shortfalls, losses from general business risk, or any other
losses . . . .'' \10\ As discussed above, the amendments to the Plan
would update and clarify various aspects of the Recovery Plan,
including to enhance the assessment of critical services and
dependencies in the context of a recovery situation. The amendments
would also clarify various aspects of the triggers for potential
implementation of recovery and recovery options to be used under the
Plan. The amendments would also clarify testing procedures. The
amendments are thus intended to enhance the effectiveness of the Plan
as a means of preparing for the potential of losses, whether from
Clearing Member default or failure or for various other causes, that
could otherwise threaten the continued operation of the Clearing House.
As such, in ICE Clear Europe's view, the amendments are consistent with
the requirements of Rule 17Ad-22(e)(3)(ii).\11\
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    \10\ 17 CFR 270.17Ad-22(e)(3)(ii).
    \11\ 17 CFR 240.17Ad-22(e)(3)(ii).
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(B) Clearing Agency's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed amendments would
have any impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
amendments are being adopted to update and clarify the Plan, all of
which relate to the Clearing House's processes for the recovery of the
Clearing House in the unlikely occurrence of significant loss events
that may negatively harm the Clearing House. The amendments do not
involve a change in the Clearing House's Rules or Procedures and will
not affect the rights or obligations of Clearing Members, but instead
address the means in which the Clearing House may use the tools set
forth in its Rules and Procedures in a recovery scenario. ICE Clear
Europe does not believe the amendments would affect in the ordinary
course of business the costs of clearing, the ability of market
participants to access clearing, or the market for clearing services
generally. Therefore, ICE Clear Europe does not believe the proposed
rule change imposes any burden on competition that is inappropriate in
furtherance of the purposes of the Act.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

    Written comments relating to the proposed amendments have not been
solicited or received by ICE Clear Europe. ICE Clear Europe will notify
the Commission of any written comments received with respect to the
proposed rule change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) by order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be 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 (https://www.sec.gov/rules/sro.shtml) or
     Send an email to [email protected]. Please include
file number SR-ICEEU-2023-020 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-ICEEU-2023-020. 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of such filings will also be available for inspection and
copying at the principal office of ICE Clear Europe and on ICE Clear
Europe's website at https://www.theice.com/clear-europe/regulation.
    Do not include personal identifiable information in submissions;
you should submit only information that you wish to make available
publicly. We may redact in part or withhold entirely from publication
submitted material that is obscene or subject to copyright protection.
All submissions should refer to file number SR-ICEEU-2023-020 and
should be submitted on or before August 16, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-15758 Filed 7-25-23; 8:45 am]
BILLING CODE 8011-01-P