[Federal Register: May 14, 2010 (Volume 75, Number 93)]
[Notices]
[Page 27330-27332]
[DOCID:fr14my10-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2615-037]

FPL Energy Maine Hydro LLC, Madison Paper Industries, and Merimil
Limited Partnership; Notice of Application Accepted for Filing,
Soliciting Motions To Intervene and Protests, Ready for Environmental
Analysis, and Soliciting Comments, Recommendations, Preliminary Terms
and Conditions, and Preliminary Fishway Prescriptions

May 6, 2010.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2615-037.
    c. Date Filed: March 31, 2010.
    d. Applicant: FPL Energy Maine Hydro LLC, Madison Paper Industries,
and Merimil Limited Partnership.
    e. Name of Project: Brassua Hydroelectric Project.
    f. Location: The existing project is located on the Moose River in
Somerset County, Maine. The project does not occupy federal lands.
    g. Filed Pursuant to: Federal Power Act 16 USC 791(a)-825(r).
    h. Applicant Contact: Mr. Frank H. Dunlap, FPL Energy Maine Hydro
LLC, 26 Katherine Drive, Hallowell, Maine 04347; Telephone (207) 629-
1817.
    i. FERC Contact: John Costello<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. The deadline for filing motions to intervene and protests,
comments, recommendations, preliminary terms and conditions, and
preliminary fishway prescriptions is 60 days from the issuance date of
this notice; reply comments are due 105 days from the issuance date of
this notice.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    Motions to intervene, protests, comments, recommendations,

preliminary terms and conditions, and preliminary fishway prescriptions
may be filed electronically via the Internet in lieu of paper. The
Commission strongly encourages electronic filings. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
(http://www.ferc.gov) under the ``eFiling'' link. For a simpler method
of submitting text-only comments, click on ``Quick Comment.''
    k. This application has been accepted for filing and is ready for
environmental analysis.
    l. The existing Brassua Project includes: (1) A 1,789-foot-long dam
consisting of: (a) An earth dike 410 feet long with 100 feet of
concrete core wall; (b) a concrete-faced earth dike 342.5 feet long;
(c) a concrete Ambursen dam 284 feet long with a height of 52 feet
above the stream bed; (d) a 18.5-foot fishway (inactive); and (e) a
734-foot earth dike with a concrete core wall; (2) a 9,700-acre
reservoir (known as Brassua Lake) with a normal pool elevation 1,074.0
feet (U.S.G.S. datum) and maximum drawdown of 31 feet, extending 7.75
miles upstream; (3) a reinforced-concrete intake structure; (4) a 110-
foot-long, 13-foot square penstock; (5) a 32-foot-high, 32-foot-wide
and 60-foot-long powerhouse; (6) a 4.18-MW generating unit; (7) a 40-
foot-wide, 15-foot-deep and 60-foot-long tailrace; (8) a substation;
(9) a 0.5-mile-long, 34.5-kV (kilovolt) transmission line; and (10)
appurtenant facilities. The earth sections of the dam are topped with
33.5-inch-high wave barriers (Jersey barriers).
    The Brassua Project is operated as a seasonal storage facility
where water releases are determined by downstream demands for
hydroelectric generation in the Kennebec River and for flood control.
Reservoir fluctuations follow an annual cycle under which reservoir
levels are reduced during the fall and winter to provide additional
flows downstream as well as to make storage volume available for spring
snow melt and runoff. After the spring refill, flow is released for the
Brassua reservoir to provide summer minimum instream flows as well as
water for industrial and municipal uses. Specific project operation
requirements are discussed below.
    The current license allows the licensees to operate the Brassua
Project in peaking mode from July 1st through August 31st and from
November 6th through the start of spring freshnet (normally mid-May) of
each year. The licensee is required to cease peaking operation and
resume normal operation in which flows through the project are
maintained constant on a daily basis from spring freshnet through June
30th and from September 1st through November 5th of each year.
    The current license requires the licensee to release the following
minimum flows and maintain the following target water levels to protect
fish and aquatic habitat and to benefit the reproductive efforts of the
landlocked salmon population in the Moose River. All Minimum flow
releases are maintained through the turbine or deep gates and
discharged in the lower Moose River below the dam.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may 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, contact
FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is also available for
inspection and reproduction at the address in item h above.
    Register online at http://www.ferc.gov/esubscribenow.htm to be
notified via e-mail of new filings and issuances related to this or
other pending projects. For assistance, contact FERC Online Support.
    n. 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.
    All filings must (1) Bear in all capital letters the title
``PROTEST'', ``MOTION TO INTERVENE'', ``COMMENTS,'' ``REPLY COMMENTS,''
``RECOMMENDATIONS,'' ``PRELIMINARY TERMS AND CONDITIONS,'' or
``PRELIMINARY FISHWAY PRESCRIPTIONS;'' (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the
application directly from the applicant. A copy of any protest or
motion to intervene must be served upon each representative of the
applicant specified in the particular application. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.
    o. Procedural Schedule:
    The application will be processed according to the following Hydro
Licensing Schedule. Revisions to the schedule may be made as
appropriate.

------------------------------------------------------------------------
            Milestone                           Target date
------------------------------------------------------------------------
Filing of interventions,           July 5, 2010.
 comments, recommendations,
 preliminary terms and
 conditions, and fishway
 prescriptions.
Commission issues EA.............  December 17, 2010.
Filing of comments on EA.........  January 16, 2011.
Filing of modified terms and       March 17, 2011.
 conditions.
------------------------------------------------------------------------

    p. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of this notice.
    q. A license applicant must file no later than 60 days following
the date of issuance of the notice of acceptance and ready for
environmental analysis provided for in Sec.  5.22: (1) A copy of the
water quality certification; (2) a copy of the request for
certification, including proof of the date on which the certifying
agency received the request; or (3)

evidence of waiver of water quality certification.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-11526 Filed 5-13-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Notices]
[Pages 28838-28839]
[FR Doc No: 2013-11669]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14507-000]

Hamilton Street Hydro, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On March 26, 2013, Hamilton Street Hydro, LLC, filed an application
for a preliminary permit, pursuant to section 4(f) of the Federal Power
Act (FPA), proposing to restore an existing hydropower facility at the
existing Oakland Dam located on the Susquehanna River in Susquehanna
County, Pennsylvania. The sole purpose of a preliminary permit, if
issued, is to grant the permit holder priority to file a license
application during the permit term. A preliminary permit does not
authorize the permit holder to perform any land-disturbing activities
or otherwise enter upon lands or waters owned by others without the
owners' express permission.
    The proposed Oakland Dam Hydroelectric Project would consist of the
following: (1) An existing 10.5-foot-high rock fill gravity dam with a
655-foot-long spillway and a fish ladder; (2) an existing impoundment
having a surface area of 75 acres and a storage

capacity of 825 acre-feet at an elevation of 888.6 feet mean sea level
(msl); (3) an existing 22-foot-long by 50-foot-wide by 30-foot-high
powerhouse with three turbine-generator units having a combined
capacity of 1,500 kilowatts and three identical 20-foot-wide, 10-foot-
high, 5-foot-long direct intakes; (4) an existing 50-foot-long, 50-
foot-wide canal to direct flows to the intakes; (5) an existing 50-
foot-wide, 180-foot-long concrete lined tailrace; (6) an existing 150-
foot-long, 33-kilovolt transmission line; and (7) appurtenant
facilities. The proposed project would have an annual generation of
7,000 megawatt-hours.
    Applicant Contact: Mark Boumansour, Hamilton Street Hydro, LLC,
1401 Walnut Street, Suite 301, Boulder, CO 80302; phone: (303) 440-
3378.
    FERC Contact: Monir Chowdhury; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and five copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14507-000) in the docket number field to
access the document. For assistance, contact FERC Online Support.

    Dated: May 8, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-11669 Filed 5-15-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Notices]
[Pages 24861-24862]
[FR Doc No: 2021-09762]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10022-14-Region 3]

Draft TMDL for Sediment in the Indian Creek Watershed in
Montgomery County, Pennsylvania

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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SUMMARY: The Environmental Protection Agency (EPA) is publishing for
public review and comment a draft total maximum daily load (TMDL) for
sediment in the Indian Creek Watershed in Montgomery County,
Pennsylvania pursuant to Section 303(d) of the Clean Water Act. To
assist the public in their understanding of the draft TMDL and provide
an overview of the TMDL process, EPA invites the public to attend a
virtual public meeting. Section 303(d) of the Clean Water Act requires
that each state identify those waters (called ``water quality-limited
segments'') for which existing technology-based pollution controls are
not stringent enough to attain or maintain state water quality
standards and for which total maximum daily loads (TMDLs) must be
developed. A TMDL establishes a target for the total load of a
particular pollutant that a waterbody can assimilate without exceeding
water quality standards and divides that load into wasteload
allocations, given to point sources, load allocations, given to
nonpoint sources and natural background, and a margin of safety, which
takes into account any uncertainty. TMDLs provide a framework to
achieve water quality standards in a watershed and inform other federal
and state programs of the necessary pollutant reductions needed

by sources to achieve those standards. The draft TMDL report and
information pertaining to the virtual public meeting is available from
EPA Region 3's website at: https://www.epa.gov/tmdl/revised-sediment-tmdl-indian-creek-watershed-montgomery-county-pennsylvania.

DATES: Comments must be received on or before June 24, 2021. The public
is welcomed to attend a virtual public meeting on June 8, 2021 from 1-
2:30 p.m.

ADDRESSES: Comments on the draft TMDL must be received in writing and
sent by electronic mail to Ms. Jillian Adair at<EMAIL_ADDRESS>or by mail to Ms. Jillian Adair, Water Division (3WD42), U.S.
Environmental Protection Agency Region 3, 1650 Arch Street,
Philadelphia, PA 19103-2029. Electronic mail submissions including body
text and attachments are limited to 25 megabytes. In addition, EPA
cannot receive electronic mail attachments in ZIP format (.zip). To
attend the virtual public meeting, please use the weblink or conference
line phone number provided at the above weblink in the SUMMARY.

FOR FURTHER INFORMATION CONTACT: Jillian Adair at<EMAIL_ADDRESS>or<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On June 30, 2008, EPA established a sediment
TMDL for the Indian Creek Watershed. On October 17, 2011 a complaint
was filed against EPA regarding the TMDL [Civil Action No. 2:11-cv-
06489-CDJ (E.D.PA)]. EPA then agreed to reconsider the TMDL and
investigate several concerns raised by the plaintiffs. On March 21,
2014, EPA issued a reconsideration document, which identified certain
concerns that the reference watershed approach and sediment loading
rates used should be revisited. The court granted EPA's request for a
voluntary remand of the 2008 sediment TMDL on April 3, 2014. EPA
subsequently solicited input to seek relevant data and feedback,
including four stakeholder meetings from 2014 to 2018 as part of its
efforts to develop a revised draft sediment TMDL. EPA considered the
information and data that were submitted by various stakeholders as
part of the TMDL development effort. That information can also be
accessed at the above weblink in the SUMMARY.

Leslie Gillespie-Marthaler,
Deputy Director, Water Division, Region III.
[FR Doc. 2021-09762 Filed 5-7-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 146 (Wednesday, July 29, 2020)]
[Rules and Regulations]
[Pages 45519-45521]
[FR Doc No: 2020-15888]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0408]
RIN 1625-AA00

Emergency Safety Zone; Lower Mississippi River, Helena, AR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for emergency
purposes for all waters of the Lower Mississippi River (LMR), extending
from mile 660.0 to mile 663.0. This emergency safety zone is needed to
protect persons, property, and infrastructure from the potential safety
hazards associated with the diving and salvage effort of a sunken barge
at Mississippi River Mile Marker (MM) 661.0, in the vicinity of the
Helena Highway Bridge, Helena, Arkansas. Deviation from the safety zone
is prohibited unless specifically authorized by the Captain of the Port
Lower Mississippi River or a designated representative.

DATES: This rule is effective without actual notice from July 29, 2020
through August 30, 2020, or until all diving and salvage work is
complete, whichever occurs earlier. For the purposes of enforcement,
actual notice will be used from July 13, 2020 through July 29, 2020.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0408 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Adam J. Paz, U.S. Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 salvage efforts for a sunken barge
mid-river will impede the safe navigation of vessel traffic and
immediate action is needed to protect persons and property. Completing
the full NPRM process is impracticable because we must establish this
safety zone immediately.
    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 of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to respond to the potential safety
hazards associated with salvage operations in the vicinity of the
Helena Highway Bridge.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port (COTP) Lower
Mississippi River has determined that potential hazards associated with
the salvage of a sunken barge will be a safety concern for anyone
within a one-mile radius of the salvage operation. This rule is needed
to protect persons, property, and infrastructure from the potential
safety hazards associated with the diving and salvage effort of a
sunken barge at Mississippi River Mile Marker (MM) 661.0, in the
vicinity of the Helena Highway Bridge from July 13, 2020 through August
30, 2020, or until all diving and salvage work is complete, whichever
occurs earlier.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from July 13, 2020
through August 30, 2020, or until all diving and salvage work is
complete, whichever occurs earlier. The safety zone will cover all
navigable waters of the Mississippi River from MM 660.0 to MM 663.0,
extending the entire width of the river. The safety zone will only be
activated when salvage work precludes safe navigation of the
established channel. The duration of the zone is intended to protect
persons, property, and infrastructure in these navigable waters while
the salvage work is being conducted. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.

V. 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 and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, and duration of the safety zone. This emergency safety zone
will temporarily restrict navigation on the Mississippi River from MM
660.0 through MM 663.0 in the vicinity of Helena, Arkansas, from July
13, 2020 through August 30, 2020, or until all diving and salvage work
is complete, whichever occurs earlier. The Coast Guard will issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 informing the
public that the zone will be activated, and the rule would allow
vessels to seek permission to enter the zone on a case-by-case basis.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism

principles and preemption requirements described in Executive Order
13132.
    Also, this 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.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(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 an
emergency safety zone on the Mississippi River from MM 660.0 through MM
663.0, that will prohibit entry into this zone unless permission has
been granted by the COTP Lower Mississippi River or a designated
representative. The safety zone will only be enforced during short
durations while salvage work precludes the safe navigation of the
established channel. It is categorically excluded from further review
under paragraph L60(d) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.

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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0408 to read as follows:

Sec.  165.T08-0408   Emergency Safety Zone; Lower Mississippi River,
Helena, AR.

    (a) Location. The following area is a safety zone: All waters of
the Mississippi River from MM 660.0 through MM 663.0.
    (b) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by telephone or email. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
    (c) Enforcement periods. This section will be enforced as needed
from July 13, 2020 through August 30, 2020, or until all diving and
salvage work is complete, whichever occurs earlier. Periods of
activation will be promulgated by Broadcast Notice to Mariners.

    Dated: July 13, 2020.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the Port Lower Mississippi River.
[FR Doc. 2020-15888 Filed 7-28-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 181 (Wednesday, September 18, 2019)]
[Rules and Regulations]
[Pages 49017-49020]
[FR Doc No: 2019-20101]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0782]
RIN 1625-AA00

Safety Zone; Delaware Bay and River, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the Delaware Bay and River to restrict and protect
vessel traffic during the transit of Post-Panamax gantry cranes from
the Atlantic Ocean to the Port of Philadelphia. This action is intended
to protect mariners and vessels from the hazards associated with the
transportation of these large cranes. Entry of vessels or persons into
this zone will be prohibited unless a vessel meets the stated
requirements or is specifically authorized by the Captain of the Port
Delaware Bay. This rule compliments a safety zone found in docket
number USCG-2019-0784 addressing safety risks while the vessel carrying
the cranes is moored at the Port of Philadelphia.

DATES: This rule is effective without actual notice from September 18,
2019 through October 15, 2019. For the purposes of enforcement, actual
notice will be used from September 14, 2019 through September 18, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0782 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Edmund Ofalt, U.S.
Coast Guard Sector Delaware Bay, Waterways Management Branch; telephone
(215) 271-4889, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The M/V ZHEN HUA 26 is transporting post-Panamax gantry cranes to
ports within the United States. These large cranes extend beyond the
width of M/V ZHEN HUA 26 on both sides of the vessel and create a
navigational hazard to vessels operating within a certain proximity.
The cranes are fastened in a manner that facilitates passage through
the open ocean. Upon arrival to the Delaware River, M/V ZHEN HUA 26
will transit to anchorage and begin an approximately four day process
of removing the sea fastenings. The M/V ZHEN HUA 26 will then proceed,
conditions permitting, to berth

at the Port of Philadelphia Greenwich Terminal to deliver the cranes.
To ensure a safe transit during its inbound transit from its initial
anchorage to the Greenwich Terminal, the vessel may stop to anchor
along the way in a designated anchorage area, as set forth in 33 CFR
110.157, for a short time if needed due to weather and tidal
requirements.
    The Coast Guard is issuing this temporary 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 it is impracticable and contrary to
the public interest. There is insufficient time to allow for a
reasonable comment period prior to the anticipated arrival of M/V ZHEN
HUA 26 to the Delaware Bay Captain of the Port zone. The rule must be
in force by September 14, 2019, to ensure the safety of waterway users
and the general public from hazards associated with the transport of
post-Panamax gantry cranes within the Delaware Bay Captain of the Port
Zone.
    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 of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to mitigate the potential safety
hazards associated with transportation of post-Panamax gantry cranes
from anchorage in Delaware Bay to its berth at Greenwich Terminal in
Philadelphia, PA.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The COTP has determined that there
are potential hazards associated with the transportation of post-
Panamax gantry cranes. The COTP Delaware Bay has determined that the
potential hazards will be a safety concern for anyone within a 200-yard
radius of the vessel except when the vessel is moored at Greenwich
Terminal in Philadelphia, Pennsylvania. This rule is needed to protect
personnel and vessels in the navigable waters within the safety zone
while the cranes are being transported.

IV. Discussion of the Rule

    The safety zone includes all navigable waters within 200 yards of
M/V ZHEN HUA 26 when the vessel first anchors within the Delaware Bay
Captain of the Port Zone until it completes its inbound transit to and
mooring operations at Greenwich Terminal in Philadelphia. Because the
vessel will not be carrying cranes on its outbound transit, this rule
will not apply to its outbound transit. The anticipated date of arrival
for the M/V ZHEN HUA 26 is September 14, 2019. However, inclement
weather and other unforeseen circumstances may necessitate a change in
the date of transit upriver. Sector Delaware Bay will notify the
maritime community of the date of transit, at a minimum, via marine
safety information bulletin and broadcast notice to mariners.
    To ensure a safe transit during the inbound transit from the
initial anchorage to Greenwich Terminal, the vessel may stop to anchor
along the way in a designated anchorage area, as set forth in 33 CFR
110.157, for a short time if needed due to weather and tidal
requirements. The safety zone will remain in place during the time(s)
the vessel is anchored. Vessels will be allowed to transit through the
safety zone without seeking advance permission from the COTP Delaware
Bay while the M/V ZHEN HUA 26 is anchored in a designated anchorage
area if they meet the following requirements: transit through the
safety zone at the minimum safe speed to reduce wake and maintain
steerage, and, except for towing vessels designated as assist tugs and
operating in such capacity, do not overtake, meet, or otherwise pass
any other unmoored or unanchored vessel while transiting through the
safety zone. Vessels which do not meet all of the requirements listed
above are prohibited from entering or transiting the safety zone
without prior approval of the COTP Delaware Bay. Additionally, vessels
must ask permission to enter or transit the safety zone any time the M/
V ZHEN HUA 26 is underway. Vessels requesting to enter or transit the
safety zone may contact the Sector Delaware Bay Command Center via VHF-
FM channel 16. The Coast Guard anticipates that most vessels will be
able to freely transit around the safety zone and will not need to seek
permission to enter the zone while the M/V ZHEN HUA 26 is underway.
    There will be a pre-designated safety vessel escorting the ZHEN HUA
26 while it is underway to monitor the flow of traffic and inform
mariners that the gantry crane transit is in progress.
    The Coast Guard is establishing a second safety zone through a
separate rulemaking found in Docket number USCG-2019-0784 to ensure the
safety of vessels and persons transiting the area during offloading
operations once the vessel is moored at the terminal.

V. 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 and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the short duration
and traffic management of the safety zone. The safety zone will allow
for vessels to transit through the safety zone with permission while
the M/V ZHEN HUA 26 is underway or in a designated anchorage without
permission if certain requirements are met. The Coast Guard anticipates
that most vessels will be able to freely transit around the safety zone
and will not need to seek permission to enter the zone while the M/V
ZHEN HUA 26 is underway. For these reasons, the impact on waterway
traffic is expected to be minimal.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.

    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this 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. If
you believe this rule has implications for federalism or Indian tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (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 a moving safety zone lasting only the
duration of transit of a vessel carrying post-Panamax gantry cranes. It
is categorically excluded from further review under paragraph L60(a) in
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing
Procedures. A Record of Environmental Consideration supporting this
determination is available in the docket where indicated under
ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.

List of Subjects 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 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T05-0782, to read as follows:

Sec.  165.T05-0782  Safety Zone, Delaware River, Philadelphia, PA.

    (a) Location. The following area is a safety zone: All navigable
waters within 200 yards of the M/V ZHEN HUA 26 while the vessel is
underway or anchored within the Delaware Bay Captain of the Port Zone.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Delaware Bay (COTP) in the enforcement of the
safety zone.
    (c) Regulations. (1) In accordance with the general safety zones
regulations in subpart C of this part and except for as described in
paragraph (c)(3) of this section, vessels may not enter, remain in, or
transit the safety zone described in paragraph (a) of this section
unless authorized by the COTP or the COTP's designated representative.
    (2) To seek permission to enter or remain in the zone, unless
moored or anchored outside the main navigational channel, contact the
COTP or the COTP's representative via VHF-FM Channel 16. Those in the
safety zone must comply with all lawful orders or directions given to
them by the COTP or the COTP's designated representative.
    (3) A vessel may transit the safety zone described in paragraph (a)
without permission from the COTP if all of the following criteria are
met:
    (i) The M/V ZHEN HUA 26 is anchored in a designated anchorage as
defined in 33 CFR 110.157.
    (ii) The transiting vessel maintains the minimum safe speed to
reduce wake and maintain steerage.
    (iii) Unless it is a towing vessel designated as an assist tug and
operating in such capacity, the transiting vessel may not meet,
overtake, or otherwise pass another unmoored or unanchored vessel
within the safety zone.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the safety zone by Federal, State, and local
agencies.

    (e) Enforcement period. (1) Enforcement of the safety zone will
begin when the M/V ZHEN HUA 26 commences initial anchoring operations
within the Delaware Bay Captain of the Port zone until midnight on
October 15, 2019 or until mooring operations are completed at Greenwich
terminals in Philadelphia, PA.
    (2) The anticipated date of arrival for the M/V ZHEN HUA 26 to the
Delaware Bay Captain of the Port zone is September 14, 2019.

    Dated: September 11, 2019.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2019-20101 Filed 9-17-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 8 (Wednesday, January 12, 2011)]
[Notices]
[Pages 2154-2155]
[FR Doc No: 2011-449]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington,
DC 20549-0213.

Extension:
    Rule 482; SEC File No. 270-508; OMB Control No. 3235-0565.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (the ``Commission'') is soliciting comments on the
collection of information summarized below. The Commission plans to
submit this existing collection of information to the Office of
Management and Budget (``OMB'') for extension and approval.
    Like most issuers of securities, when an investment company \1\
(``fund'') offers its shares to the public, its promotional efforts
become subject to the advertising restrictions of the Securities Act of
1933, (15 U.S.C. 77) (the ``Securities Act''). In recognition of the
particular problems faced by funds that continually offer securities
and wish to advertise their securities, the Commission has previously
adopted advertising safe harbor rules. The most important of these is
rule 482 (17 CFR 230.482) under the Securities Act, which, under
certain circumstances, permits funds to advertise investment
performance data, as well as other information. Rule 482 advertisements
are deemed to be ``prospectuses'' under Section 10(b) of the Securities
Act.\2\
---------------------------------------------------------------------------

    \1\ ``Investment company'' refers to both investment companies
registered under the Investment Company Act of 1940 and business
development companies.
    \2\ 15 U.S.C. 77j(b).

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

    Rule 482 contains certain requirements regarding the disclosure
that funds are required to provide in qualifying advertisements. These
requirements are intended to encourage the provision to investors of
information that is balanced and informative, particularly in the area
of investment performance. For example, a fund is required to include
disclosure advising investors to consider the fund's investment
objectives, risks, charges and expenses, and highlighting the
availability of the fund's prospectus. In addition, rule 482
advertisements that include performance data of open-end funds or
insurance company separate accounts offering variable annuity contracts
are required to include certain standardized performance information,
information about any sales loads or other nonrecurring fees, and a
legend warning that past performance does not guarantee future results.
Such funds including performance information in rule 482 advertisements
are also required to make available to investors month-end performance
figures via website disclosure or by a toll-free telephone number, and
to disclose the availability of the month-end performance data in the
advertisement. The rule also sets forth requirements regarding the
prominence of certain disclosures, requirements regarding
advertisements that make tax representations, requirements regarding
advertisements used prior to the effectiveness of the fund's
registration statement, requirements regarding the timeliness of
performance data, and certain required disclosures by money market
funds.
    Rule 482 advertisements must be filed with the Commission or, in
the alternative, Financial Industry Regulatory Authority
(``FINRA'').\3\ This information collection differs from many other
federal information collections that are primarily for the use and
benefit of the collecting agency.
---------------------------------------------------------------------------

    \3\ See rule 24b-3 under the Investment Company Act (17 CFR
270.24b-3), which provides that any sales material, including rule
482 advertisements, shall be deemed filed with the Commission for
purposes of Section 24(b) of the Investment Company Act upon filing
with FINRA.
---------------------------------------------------------------------------

    As discussed above, rule 482 contains requirements that are
intended to encourage the provision to investors of information that is
balanced and informative, particularly in the area of investment
performance. The Commission is concerned that in the absence of such
provisions fund investors may be misled by deceptive rule 482
performance advertisements and may rely on less-than-adequate
information when determining in which funds they should invest their
money. As a result, the Commission believes it is beneficial for funds
to provide investors with balanced information in fund advertisements
in order to allow investors to make better-informed decisions.
    The Commission estimates that 58,368 responses are filed annually
pursuant to rule 482 by 3,540 investment companies offering
approximately 16,225 portfolios, or approximately 3.6 responses per
portfolio annually. Respondents consist of all the investment companies
that take advantage of the safe harbor offered by the rule for their
advertisements. The burden associated with rule 482 is presently
estimated to be 5.16 hours per response. The hourly burden is therefore
approximately 301,179 hours (58,368 responses x 5.16 hours per
response).
    The estimate of average burden hours is made solely for the
purposes of the Paperwork Reduction Act, and is not derived from a
comprehensive or even a representative survey or study of the costs of
Commission rules and forms.
    Cost burden is the cost of services purchased to comply with rule
482, such as for the services of computer programmers, outside counsel,
financial printers, and advertising agencies. The Commission attributes
no cost burden to rule 482.
    The provision of information under rule 482 is necessary to obtain
the benefits of the safe harbor offered by the rule. The information
provided is not kept confidential. An agency may not conduct or
sponsor, and a person is not required to respond to a collection of
information unless it displays, a currently valid control number.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    Please direct your written comments to Thomas Bayer, Chief
Information Officer, Securities and Exchange Commission, C/O Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, VA 22312; or send an
e-mail to<EMAIL_ADDRESS>
    Dated: January 5, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-449 Filed 1-11-11; 8:45 am]
BILLING CODE 8011-01-P