[Federal Register Volume 76, Number 88 (Friday, May 6, 2011)]
[Rules and Regulations]
[Pages 26181-26182]
[FR Doc No: 2011-11058]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-0317]

Drawbridge Operation Regulation; Sacramento River, Sacramento, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Eleventh Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Tower Drawbridge across Sacramento River, mile 59.0, at Sacramento, CA.
The deviation is necessary to allow the community to participate in the
Hope Foundation walk event. This deviation allows the bridge to remain
in the closed-to-navigation position during the event.

DATES: This deviation is effective from 8 a.m. to 11 a.m. on May 29,
2011.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of the docket USCG-2011-0317 and are available
online by going to http://www.regulations.gov, inserting USCG-2011-0317
in the ``Keyword'' box and then clicking ``Search''. They are also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail David H. Sulouff, Chief, Bridge Section, Eleventh Coast
Guard District; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION: The California Department of Transportation
has requested a temporary change to the operation of the Tower
Drawbridge, mile 59.0, over Sacramento River, at Sacramento, CA. The
drawbridge navigation span provides a vertical clearance of 30 feet
above Mean High Water in the closed-to-navigation position. The draw
opens on signal from May 1 through October 31 from 6 a.m. to 10 p.m.
and from November 1 through April 30 from 9 a.m. to 5 p.m.

At all other times the draw shall open on signal if at least four hours
notice is given, as required by 33 CFR 117.189(a). Navigation on the
waterway is commercial and recreational.
    The drawspan will be secured in the closed-to-navigation position
from 8 a.m. through 11 a.m. on May 29, 2011 to allow the community to
participate in the Hope Foundation walk event. This temporary deviation
has been coordinated with waterway users. There are no scheduled river
boat cruises or anticipated levee maintenance during this deviation
period. No objections to the proposed temporary deviation were raised.
    Vessels that can transit the bridge, while in the closed-to-
navigation position, may continue to do so at any time. In case of
emergencies the draw can open with 15 minutes advance notice.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: Apr 22, 2011.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard District.
[FR Doc. 2011-11058 Filed 5-5-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Rules and Regulations]
[Pages 18437-18439]
[FR Doc No: 2021-07400]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No.<PHONE_NUMBER>]
RIN 0694-AI47

Addition of Entities to the Entity List

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) by adding seven entities to
the Entity List. These seven entities have been determined by the U.S.
Government to be acting contrary to the national security or foreign
policy interests of the United States. These seven entities will be
listed on the Entity List under the destination of the People's
Republic of China (China).

DATES: This rule is effective April 8, 2021.

FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee,
Office of the Assistant Secretary, Export Administration, Bureau of
Industry and Security, Department of Commerce, Phone:<PHONE_NUMBER>,
Fax:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The Entity List (supplement no. 4 to part 744 of the Export
Administration Regulations (EAR)) identifies entities for which there
is reasonable cause to believe, based on specific and articulable
facts, that the entities have been involved, are involved, or pose a
significant risk of being or becoming involved in activities contrary
to the national security or foreign policy interests of the United
States. The EAR (15 CFR parts 730-774) impose additional license
requirements on, and limit the availability of most license exceptions
for, exports, reexports, and transfers (in-country) to listed entities.
The license review policy for each listed entity is identified in the
``License review policy'' column on the Entity List, and the impact on
the availability of license exceptions is described in the relevant
Federal Register notice adding entities to the Entity List. BIS places
entities on the Entity List pursuant to part 744 (Control Policy: End-
User and End-Use Based) and part 746 (Embargoes and Other Special
Controls) of the EAR.
    The End-User Review Committee (ERC), composed of representatives of
the Departments of Commerce (Chair), State, Defense, Energy and, where
appropriate, the Treasury, makes all decisions regarding additions to,
removals from, or other modifications to the Entity List. The ERC makes
all decisions to add an entry to the Entity List by majority vote and
all decisions to remove or modify an entry by unanimous vote.

ERC Entity List Decisions

Additions to the Entity List

    Under Sec.  744.11(b) (Criteria for revising the Entity List) of
the EAR, entities for which there is reasonable cause to believe, based
on specific and articulable facts, that the entities have been
involved, are involved, or pose a significant risk of being or becoming
involved in activities that are contrary to the national security or
foreign policy interests of the United States, and those acting on
behalf of such entities, may be added to the Entity List. Paragraphs
(b)(1) through (5) of Sec.  744.11 provide an illustrative list of
activities that could be considered contrary to the national security
or foreign policy interests of the United States.
    This rule implements the decision of the ERC to add seven entities
to the Entity List. These seven entities will be listed on the Entity
List under the destination of China. The ERC made the decision to add
these seven entities described below under the standard set forth in
Sec.  744.11(b) of the EAR.
    The ERC determined that the seven subject entities are engaging in
or enabling activities contrary to U.S. national security and foreign
policy interests, as follows:
    The ``National Supercomputing Center Jinan,'' ``National
Supercomputing Center Shenzhen,'' ``National Supercomputing Center
Wuxi,'' ``National Supercomputer Center Zhengzhou,'' ``Shanghai High-
Performance Integrated Circuit Design Center,'' ``Sunway
Microelectronics,'' and ``Tianjin Phytium Information Technology'' are
being added to the Entity List on the basis of their procurement of
U.S.-origin items for activities contrary to the national security and
foreign policy interests of the United States. Specifically, these
entities are involved in activities that support China's military
actors, its destabilizing military modernization efforts, and/or its
weapons of mass destruction (WMD) programs.
    Pursuant to Sec.  744.11(b), the ERC determined that the conduct of
the above-described seven entities raises sufficient concerns that
prior review, via the imposition of a license requirement, of exports,
reexports, or transfers (in-country) of all items subject to the EAR
involving these seven entities and the possible issuance of license
denials or the possible imposition of license conditions on shipments
to these entities, will enhance BIS's ability to prevent violations of
the EAR or otherwise protect U.S. national security or foreign policy
interests. As further provided below, BIS has provided a limited
exclusion to this rule in the savings clause.
    For the seven entities added to the Entity List in this final rule,
BIS imposes a license requirement that applies to all items subject to
the EAR. In addition, no license exceptions are available for exports,
reexports, or transfers (in-country) to the person being added to the
Entity List in this rule. For the seven entities added to the Entity
List by this rule, BIS imposes a license review policy of a presumption
of denial.
    The acronym ``a.k.a.'' (also known as) is used in entries on the
Entity List to identify aliases, thereby assisting exporters,
reexporters, and transferors in identifying entities on the Entity
List.
    For the reasons described above, this final rule adds the following
seven entities to the Entity List:

China

     National Supercomputing Center Jinan;

     National Supercomputing Center Shenzhen;
     National Supercomputing Center Wuxi;
     National Supercomputer Center Zhengzhou;
     Shanghai High-Performance Integrated Circuit Design
Center;
     Sunway Microelectronics; and
     Tianjin Phytium Information Technology.

Savings Clause

    Shipments of items removed from eligibility for a License Exception
or export, reexport, or transfer (in-country) without a license (NLR)
as a result of this regulatory action that were en route aboard a
carrier to a port of export, reexport, or transfer (in-country), on
April 8, 2021, pursuant to actual orders for export, reexport, or
transfer (in-country) to or within a foreign destination, may proceed
to that destination under the previous eligibility for a License
Exception or export, reexport, or transfer (in-country) without a
license (NLR).

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801-
4852). ECRA provides the legal basis for BIS's principal authorities
and serves as the authority under which BIS issues this rule.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been determined to be not significant for
purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to or be subject to a penalty for failure to comply
with a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by OMB under control number 0694-0088,
Simplified Network Application Processing System, which includes, among
other things, license applications, and carries a burden estimate of
42.5 minutes for a manual or electronic submission. Total burden hours
associated with the PRA and OMB control number 0694-0088 are not
expected to increase as a result of this rule.
    3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
    4. Pursuant to section 1762 of the Export Control Reform Act of
2018, this action is exempt from the Administrative Procedure Act (5
U.S.C. 553) requirements for notice of proposed rulemaking, opportunity
for public participation, and delay in effective date.
    5. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required, and none
has been prepared.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:

PART 744--[AMENDED]

0
1. The authority citation for 15 CFR part 744 is revised to read as
follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice
of September 18, 2020, 85 FR 59641 (September 22, 2020); Notice of
November 12, 2020, 85 FR 72897 (November 13, 2020).

0
2. Supplement No. 4 to part 744 is amended under CHINA, PEOPLE'S
REPUBLIC OF, by adding in alphabetical order entries for ``National
Supercomputing Center Jinan,'' ``National Supercomputing Center
Shenzhen,'' ``National Supercomputing Center Wuxi,'' ``National
Supercomputer Center Zhengzhou,'' ``Shanghai High-Performance
Integrated Circuit Design Center,'' ``Sunway Microelectronics,'' and
``Tianjin Phytium Information Technology'' to read as follows:

Supplement No. 4 to Part 744--Entity List

* * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                License review      Federal Register
         Country                                      Entity                               License requirement         policy              Citation
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
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CHINA, PEOPLE'S REPUBLIC                                                            * * * * * *
 OF.
                          National Supercomputing Center Jinan, a.k.a., the following     For all items         Presumption of       86 FR [INSERT FR
                           two aliases:                                                    subject to the EAR.   denial.              PAGE NUMBER] 4/9/
                          --Shandong Computing Center; and--NSCC-JN.                       (See Sec.   744.11                         2021.
                                                                                of the EAR).
                          No. 1768, Xinluo Street, High-tech Development Zone, Jinan
                           City, Shandong Province, China.
                          National Supercomputing Center Shenzhen, a.k.a., the following  For all items         Presumption of       86 FR [INSERT FR
                           three aliases:                                                  subject to the EAR.   denial.              PAGE NUMBER] 4/9/
                          --The National Supercomputing Shenzhen Center;                   (See Sec.   744.11                         2021.
                          --Shenzhen Cloud Computing Center; and                           of the EAR).
                          --NSCC-SZ.

                          No. 9 Duxue Road, University Town Community, Taoyuan Street,
                           Nanshan District, Shenzhen, China.
                          National Supercomputing Center Wuxi, a.k.a., the following one  For all items         Presumption of       86 FR [INSERT FR
                           alias:                                                          subject to the EAR.   denial.              PAGE NUMBER]
                          --NSCC-WX.                                                       (See Sec.   744.11                        4/9/2021.
                                                                                of the EAR).
                          No. 1, Yinbai Road, Binhu District, Wuxi City, China.
                          National Supercomputer Center Zhengzhou, a.k.a., the following  For all items         Presumption of       86 FR [INSERT FR
                           one alias:                                                      subject to the EAR.   denial.              PAGE NUMBER] 4/9/
                          --NSCC-ZZ.                                                       (See Sec.   744.11                         2021.
                                                                                of the EAR).
                          Southeast of the intersection of Fengyang Street and Changchun
                           Road, Zhongyuan District, Zhengzhou City, China; and 1st
                           Floor, Building 18, Zhengzhou University (South Campus),
                           Zhengzhou City, China; and Room 213, Institute of Drug
                           Research, Zhengzhou University, Changchun Road, High-tech
                           Zone, Zhengzhou City, China.
                                                                                * * * * * *
                          Shanghai High-Performance Integrated Circuit Design Center,     For all items         Presumption of       86 FR [INSERT FR
                           a.k.a., the following two aliases:                              subject to the EAR.   denial.              PAGE NUMBER] 4/9/
                          --Shenwei Micro; and                                             (See Sec.   744.11                         2021.
                          --Shanghai High-Performance IC Design Center.                    of the EAR).
                          No. 399, Bi sheng Road, Zhangjiang Hi-Tech Park, Pudong New
                           Area, Shanghai, China; and 428 Zhanghen Rd, Zhangjiang High
                           Tech Park, Pudong District, Shanghai, China.
                                                                                * * * * * *
                          Sunway Microelectronics, a.k.a., the following two aliases:     For all items         Presumption of       86 FR [INSERT FR
                          --Chengdu Shenwei Technology; and                                subject to the EAR.   denial.              PAGE NUMBER] 4/9/
                          --Chengdu Sunway Technology.                                     (See Sec.   744.11                         2021.
                                                                                of the EAR).
                          Building D22, Electronic Science and Technology Park, Section
                           4, Huafu Avenue, Chengdu, China; and Shuangxing Avenue,
                           Gongxing Street, Southwest Airport Economic Development Zone,
                           Shuangliu District, Chengdu, China.
                                                                                * * * * * *
                          Tianjin Phytium Information Technology, a.k.a., the following   For all items         Presumption of       86 FR [INSERT FR
                           three aliases:                                                  subject to the EAR.   denial.              PAGE NUMBER] 4/9/
                          --Phytium;                                                       (See Sec.   744.11                         2021.
                          --Phytium Technology; and                                        of the EAR).
                          --Tianjin Feiteng Information Technology.
                          Bldg 5 Xin'an Venture Plaza 1 Haiyuan M Rd Binhai New Area
                           Tianjin, 300450 China; and Building 5, Xin'an Chuangye Plaza,
                           No. 1, Haiyuan Middle Road, Binhai New District, Tianjin,
                           China; and 8th Floor, Quantum Core Tower, No. 27 Zhichun
                           Road, Haidian District, Beijing, China; and 10th Floor,
                           Office Building, Wangdefu Kaiyue International Building, No.
                           526 Sanyi Avenue, Kaifu District, Changsha City, Hunan
                           Province; China; and Room 101, No. 1012, Hulin Road, Huangpu
                           District, Guangzhou, China; and 100 Waihuanxi Rd, 3F-326
                           Science Pavilion, Panyu District, Guangdong, Guangzhou,
                           China.
                                                                                * * * * * *
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                                                                      * * * * * * *
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* * * * *

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2021-07400 Filed 4-8-21; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register Volume 76, Number 58 (Friday, March 25, 2011)]
[Notices]
[Pages 16770-16771]
[FR Doc No: 2011-7117]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0541; FRL-8841-7]

Petition To Suspend and Cancel All Registrations for the Soil
Fumigant Iodomethane (Methyl Iodide); Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: On March 31, 2010, EPA received a petition from Earthjustice
requesting that all uses of iodomethane (methyl iodide) be suspended
and cancelled. The Agency is posting this petition for public comment.
Following the public comment period, EPA will evaluate the petitioner's
request, consistent with the statutory standards set forth in the
Federal Insecticide, Fungicide, and Rodenticide Act.

DATES: Comments must be received on or before April 25, 2011.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2010-0541, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2010-0541. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Karen Samek, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111)
     Animal production (NAICS code 112)
     Food manufacturing (NAICS code 311)
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:

    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. What action is the agency taking?

    On March 31, 2010, EPA received a petition from Earthjustice
requesting that all uses of iodomethane (methyl iodide) be suspended
and cancelled. The Agency is posting this petition for public comment.
Following the public comment period, EPA will evaluate the petitioner's
request, consistent with the statutory standards set forth in the
Federal Insecticide, Fungicide, and Rodenticide Act.

List of Subjects

    Environmental protection, Chemicals, Iodomethane, Methyl iodide,
Pesticide regulation, Pests and pesticides, Petition to cancel,
Petition to suspend.

    Dated: March 17, 2011.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2011-7117 Filed 3-24-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 168 (Thursday, August 29, 2019)]
[Notices]
[Pages 45618-45619]
[FR Doc No: 2019-18577]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Permanent Closure; Sloulin Field International Airport,
Williston, ND

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

SUMMARY: The Federal Aviation Administration (FAA) received written
notice, July 26, 2019, from the City of Williston advising that on
October 10, 2019, it will permanently close Sloulin Field International
Airport (ISN),

Williston, ND. The notice was in excess of 30 days before the closure
in accordance with federal law.

DATES: The permanent closure of the airport is effective as of October
10, 2019.

FOR FURTHER INFORMATION CONTACT: James G. Keefer, Deputy Director,
Airports Division, Great Lakes Region,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The City of Williston is constructing a
replacement airport for Sloulin Field International Airport. The
replacement airport, Williston Basin International Airport (XWA) will
open on October 10, 2019 and coincide with the closing of Sloulin Field
International Airport. The FAA hereby publishes the City of Williston's
notice of permanent closure of Sloulin Field International Airport in
accordance with 49 U.S.C. 46319(b).

    Issued in Des Plaines, IL, on August 22, 2019.
Birkely M. Rhodes,
Acting Director, Airports Division, Great Lakes Region.
[FR Doc. 2019-18577 Filed 8-28-19; 8:45 am]
BILLING CODE 4910-13-P


Federal Register: 58 FR 51735 Executive Order 12866 of September 30, 1993 Regulatory Planning and Review The American people deserve a regulatory system that works for them, not against them: a regulatory system that protects and improves their health, safety, environment, and well being and improves the performance of the economy without imposing unacceptable or unreasonable costs on society; regulatory policies that recognize that the private sector and private markets are the best engine for economic growth; regulatory approaches that respect the role of State, local, and tribal governments; and regulations that are effective, consistent, sensible, and understandable. We do not have such a regulatory system today. With this Executive order, the Federal Government begins a program to reform and make more efficient the regulatory process. The objectives of this Executive order are to enhance planning and coordination with respect to both new and existing regulations; to reaffirm the primacy of Federal agencies in the regulatory decision making process; to restore the integrity and legitimacy of regulatory review and oversight; and to make the process more accessible and open to the public. In pursuing these objectives, the regulatory process shall be conducted so as to meet applicable statutory requirements and with due regard to the discretion that has been entrusted to the Federal agencies. Accordingly, by the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Statement of Regulatory Philosophy and Principles.

( a) The Regulatory Philosophy. Federal agencies should promulgate only such regulations as are required by law, are necessary to interpret the law, or are made necessary by compelling public need, such as material failures of private markets to protect or improve the health and safety of the public, the environment, or the well being of the American people. In deciding whether and how to regulate, agencies should assess all costs and benefits of available regulatory alternatives, including the alternative of not regulating. Costs and benefits shall be understood to include both quantifiable measures ( to the fullest extent that these can be usefully estimated) and qualitative measures of costs and benefits that are difficult to quantify, but nevertheless essential to consider. Further, in choosing among alternative regulatory approaches, agencies should select those approaches that maximize net benefits ( including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity), unless a statute requires another regulatory approach.

( b) The Principles of Regulation. To ensure that the agencies' regulatory programs are consistent with the philosophy set forth above, agencies should adhere to the following principles, to the extent permitted by law and where applicable:

( 1) Each agency shall identify the problem that it intends to address ( including, where applicable, the failures of private markets or public institutions that warrant new agency action) as well as assess the significance of that problem.

( 2) Each agency shall examine whether existing regulations ( or other law) have created, or contributed to, the problem that a new regulation is intended to correct and whether those regulations ( or other law) should be modified to achieve the intended goal of regulation more effectively.

( 3) Each agency shall identify and assess available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior, such as user fees or marketable permits, or providing information upon which choices can be made by the public.

( 4) In setting regulatory priorities, each agency shall consider, to the extent reasonable, the degree and nature of the risks posed by various substances or activities within its jurisdiction.

( 5) When an agency determines that a regulation is the best available method of achieving the regulatory objective, it shall design its regulations in the most cost effective manner to achieve the regulatory objective. In doing so, each agency shall consider incentives for innovation, consistency, predictability, the costs of enforcement and compliance ( to the government, regulated entities, and the public), flexibility, distributive impacts, and equity.

( 6) Each agency shall assess both the costs and the benefits of the intended regulation and, recognizing that some costs and benefits are difficult to quantify, propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs.

( 7) Each agency shall base its decisions on the best reasonably obtainable scientific, technical, economic, and other information concerning the need for, and consequences of, the intended regulation.

( 8) Each agency shall identify and assess alternative forms of regulation and shall, to the extent feasible, specify performance objectives, rather than specifying the behavior or manner of compliance that regulated entities must adopt.

( 9) Wherever feasible, agencies shall seek views of appropriate State, local, and tribal officials before imposing regulatory requirements that might significantly or uniquely affect those governmental entities. Each agency shall assess the effects of Federal regulations on State, local, and tribal governments, including specifically the availability of resources to carry out those mandates, and seek to minimize those burdens that uniquely or significantly affect such governmental entities, consistent with achieving regulatory objectives. In addition, as appropriate, agencies shall seek to harmonize Federal regulatory actions with related State, local, and tribal regulatory and other governmental functions.

( 10) Each agency shall avoid regulations that are inconsistent, incompatible, or duplicative with its other regulations or those of other Federal agencies.

( 11) Each agency shall tailor its regulations to impose the least burden on society, including individuals, businesses of differing sizes, and other entities ( including small communities and governmental entities), consistent with obtaining the regulatory objectives, taking into account, among other things, and to the extent practicable, the costs of cumulative regulations.

( 12) Each agency shall draft its regulations to be simple and easy to understand, with the goal of minimizing the potential for uncertainty and litigation arising from such uncertainty.

Sec. 2. Organization. An efficient regulatory planning and review process is vital to ensure that the Federal Government's regulatory system best serves the American people.

( a) The Agencies. Because Federal agencies are the repositories of significant substantive expertise and experience, they are responsible for developing regulations and assuring that the regulations are consistent with applicable law, the President's priorities, and the principles set forth in this Executive order.

( b) The Office of Management and Budget. Coordinated review of agency rulemaking is necessary to ensure that regulations are consistent with applicable law, the President's priorities, and the principles set forth in this Executive order, and that decisions made by one agency do not conflict with the policies or actions taken or planned by another agency. The Office of Management and Budget ( OMB) shall carry out that review function. Within OMB, the Office of Information and Regulatory Affairs ( OIRA) is the repository of expertise concerning regulatory issues, including methodologies and procedures that affect more than one agency, this Executive order, and the President's regulatory policies. To the extent permitted by law, OMB shall provide guidance to agencies and assist the President, the Vice President, and other regulatory policy advisors to the President in regulatory planning and shall be the entity that reviews individual regulations, as provided by this Executive order.

( c) The Vice President. The Vice President is the principal advisor to the President on, and shall coordinate the development and presentation of recommendations concerning, regulatory policy, planning, and review, as set forth in this Executive order. In fulfilling their responsibilities under this Executive order, the President and the Vice President shall be assisted by the regulatory policy advisors within the Executive Office of the President and by such agency officials and personnel as the President and the Vice President may, from time to time, consult.

Sec. 3. Definitions. For purposes of this Executive order:

( a)    Advisors'' refers to such regulatory policy advisors to the President as the President and Vice President may from time to time consult, including, among others: ( 1) the Director of OMB; ( 2) the Chair ( or another member) of the Council of Economic Advisers; ( 3) the Assistant to the President for Economic Policy; ( 4) the Assistant to the President for Domestic Policy; ( 5) the Assistant to the President for National Security Affairs; ( 6) the Assistant to the President for Science and Technology; ( 7) the Assistant to the President for Intergovernmental Affairs; ( 8) the Assistant to the President and Staff Secretary; ( 9) the Assistant to the President and Chief of Staff to the Vice President; ( 10) the Assistant to the President and Counsel to the President; ( 11) the Deputy Assistant to the President and Director of the White House Office on Environmental Policy; and ( 12) the Administrator of OIRA, who also shall coordinate communications relating to this Executive order among the agencies, OMB, the other Advisors, and the Office of the Vice President.

( b)    Agency,'' unless otherwise indicated, means any authority of the United States that is an    agency'' under 44 U. S. C. 3502( 1), other than those considered to be independent regulatory agencies, as defined in 44 U. S. C. 3502( 10).

( c)    Director'' means the Director of OMB.

( d)    Regulation'' or    rule'' means an agency statement of general applicability and future effect, which the agency intends to have the force and effect of law, that is designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirements of an agency. It does not, however, include:

( 1) Regulations or rules issued in accordance with the formal rulemaking provisions of 5 U. S. C. 556, 557;

( 2) Regulations or rules that pertain to a military or foreign affairs function of the United States, other than procurement regulations and regulations involving the import or export of nondefense articles and services;

( 3) Regulations or rules that are limited to agency organization, management, or personnel matters; or ( 4) Any other category of regulations exempted by the Administrator of OIRA.

( e)    Regulatory action'' means any substantive action by an agency ( normally published in the Federal Register) that promulgates or is expected to lead to the promulgation of a final rule or regulation, including notices of inquiry, advance notices of proposed rulemaking, and notices of proposed rulemaking.

( f)    Significant regulatory action'' means any regulatory action that is likely to result in a rule that may:

( 1) Have an annual effect on the economy of $ 100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;

( 2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

( 3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or ( 4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Executive order.

Sec. 4. Planning Mechanism.

In order to have an effective regulatory program, to provide for coordination of regulations, to maximize consultation and the resolution of potential conflicts at an early stage, to involve the public and its State, local, and tribal officials in regulatory planning, and to ensure that new or revised regulations promote the President's priorities and the principles set forth in this Executive order, these procedures shall be followed, to the extent permitted by law:

( a) Agencies' Policy Meeting. Early in each year's planning cycle, the Vice President shall convene a meeting of the Advisors and the heads of agencies to seek a common understanding of priorities and to coordinate regulatory efforts to be accomplished in the upcoming year.

( b) Unified Regulatory Agenda. For purposes of this subsection, the term    agency'' or    agencies'' shall also include those considered to be independent regulatory agencies, as defined in 44 U. S. C. 3502( 10). Each agency shall prepare an agenda of all regulations under development or review, at a time and in a manner specified by the Administrator of OIRA. The description of each regulatory action shall contain, at a minimum, a regulation identifier number, a brief summary of the action, the legal authority for the action, any legal deadline for the action, and the name and telephone number of a knowledgeable agency official. Agencies may incorporate the information required under 5 U. S. C. 602 and 41 U. S. C. 402 into these agendas.

( c) The Regulatory Plan. For purposes of this subsection, the term    agency'' or    agencies'' shall also include those considered to be independent regulatory agencies, as defined in 44 U. S. C. 3502( 10). ( 1) As part of the Unified Regulatory Agenda, beginning in 1994, each agency shall prepare a Regulatory Plan ( Plan) of the most important significant regulatory actions that the agency reasonably expects to issue in proposed or final form in that fiscal year or thereafter. The Plan shall be approved personally by the agency head and shall contain at a minimum:

( A) A statement of the agency's regulatory objectives and priorities and how they relate to the President's priorities;

( B) A summary of each planned significant regulatory action including, to the extent possible, alternatives to be considered and preliminary estimates of the anticipated costs and benefits;

( C) A summary of the legal basis for each such action, including whether any aspect of the action is required by statute or court order;

( D) A statement of the need for each such action and, if applicable, how the action will reduce risks to public health, safety, or the environment, as well as how the magnitude of the risk addressed by the action relates to other risks within the jurisdiction of the agency;

( E) The agency's schedule for action, including a statement of any applicable statutory or judicial deadlines; and ( F) The name, address, and telephone number of a person the public may contact for additional information about the planned regulatory action.

( 2) Each agency shall forward its Plan to OIRA by June 1st of each year.

( 3) Within 10 calendar days after OIRA has received an agency's Plan, OIRA shall circulate it to other affected agencies, the Advisors, and the Vice President.

( 4) An agency head who believes that a planned regulatory action of another agency may conflict with its own policy or action taken or planned shall promptly notify, in writing, the Administrator of OIRA, who shall forward that communication to the issuing agency, the Advisors, and the Vice President.

( 5) If the Administrator of OIRA believes that a planned regulatory action of an agency may be inconsistent with the President's priorities or the principles set forth in this Executive order or may be in conflict with any policy or action taken or planned by another agency, the Administrator of OIRA shall promptly notify, in writing, the affected agencies, the Advisors, and the Vice President.

( 6) The Vice President, with the Advisors' assistance, may consult with the heads of agencies with respect to their Plans and, in appropriate instances, request further consideration or inter agency coordination. ( 7) The Plans developed by the issuing agency shall be published annually in the October publication of the Unified Regulatory Agenda. This publication shall be made available to the Congress; State, local, and tribal governments; and the public. Any views on any aspect of any agency Plan, including whether any planned regulatory action might conflict with any other planned or existing regulation, impose any unintended consequences on the public, or confer any unclaimed benefits on the public, should be directed to the issuing agency, with a copy to OIRA.

( d) Regulatory Working Group. Within 30 days of the date of this Executive order, the Administrator of OIRA shall convene a Regulatory Working Group (   Working Group''), which shall consist of representatives of the heads of each agency that the Administrator determines to have significant domestic regulatory responsibility, the Advisors, and the Vice President. The Administrator of OIRA shall chair the Working Group and shall periodically advise the Vice President on the activities of the Working Group. The Working Group shall serve as a forum to assist agencies in identifying and analyzing important regulatory issues ( including, among others ( 1) the development of innovative regulatory techniques, ( 2) the methods, efficacy, and utility of comparative risk assessment in regulatory decision making, and ( 3) the development of short forms and other streamlined regulatory approaches for small businesses and other entities). The Working Group shall meet at least quarterly and may meet as a whole or in subgroups of agencies with an interest in particular issues or subject areas. To inform its discussions, the Working Group may commission analytical studies and reports by OIRA, the Administrative Conference of the United States, or any other agency.

( e) Conferences. The Administrator of OIRA shall meet quarterly with representatives of State, local, and tribal governments to identify both existing and proposed regulations that may uniquely or significantly affect those governmental entities. The Administrator of OIRA shall also convene, from time to time, conferences with representatives of businesses, nongovernmental organizations, and the public to discuss regulatory issues of common concern.

Sec. 5. Existing Regulations.

In order to reduce the regulatory burden on the American people, their families, their communities, their State, local, and tribal governments, and their industries; to determine whether regulations promulgated by the executive branch of the Federal Government have become unjustified or unnecessary as a result of changed circumstances; to confirm that regulations are both compatible with each other and not duplicative or inappropriately burdensome in the aggregate; to ensure that all regulations are consistent with the President's priorities and the principles set forth in this Executive order, within applicable law; and to otherwise improve the effectiveness of existing regulations: ( a) Within 90 days of the date of this Executive order, each agency shall submit to OIRA a program, consistent with its resources and regulatory priorities, under which the agency will periodically review its existing significant regulations to determine whether any such regulations should be modified or eliminated so as to make the agency's regulatory program more effective in achieving the regulatory objectives, less burdensome, or in greater alignment with the President's priorities and the principles set forth in this Executive order. Any significant regulations selected for review shall be included in the agency's annual Plan. The agency shall also identify any legislative mandates that require the agency to promulgate or continue to impose regulations that the agency believes are unnecessary or outdated by reason of changed circumstances.

( b) The Administrator of OIRA shall work with the Regulatory Working Group and other interested entities to pursue the objectives of this section. State, local, and tribal governments are specifically encouraged to assist in the identification of regulations that impose significant or unique burdens on those governmental entities and that appear to have outlived their justification or be otherwise inconsistent with the public interest.

( c) The Vice President, in consultation with the Advisors, may identify for review by the appropriate agency or agencies other existing regulations of an agency or groups of regulations of more than one agency that affect a particular group, industry, or sector of the economy, or may identify legislative mandates that may be appropriate for reconsideration by the Congress.

Sec. 6. Centralized Review of Regulations.

The guidelines set forth below shall apply to all regulatory actions, for both new and existing regulations, by agencies other than those agencies specifically exempted by the Administrator of OIRA:

( a) Agency Responsibilities. ( 1) Each agency shall ( consistent with its own rules, regulations, or procedures) provide the public with meaningful participation in the regulatory process. In particular, before issuing a notice of proposed rulemaking, each agency should, where appropriate, seek the involvement of those who are intended to benefit from and those expected to be burdened by any regulation ( including, specifically, State, local, and tribal officials). In addition, each agency should afford the public a meaningful opportunity to comment on any proposed regulation, which in most cases should include a comment period of not less than 60 days. Each agency also is directed to explore and, where appropriate, use consensual mechanisms for developing regulations, including negotiated rulemaking.

( 2) Within 60 days of the date of this Executive order, each agency head shall designate a Regulatory Policy Officer who shall report to the agency head. The Regulatory Policy Officer shall be involved at each stage of the regulatory process to foster the development of effective, innovative, and least burdensome regulations and to further the principles set forth in this Executive order.

( 3) In addition to adhering to its own rules and procedures and to the requirements of the Administrative Procedure Act [ 5 U. S. C. 551 et seq., 701 et seq.], the Regulatory Flexibility Act [ 5 U. S. C. 601 et seq.], the Paperwork Reduction Act [ 44 U. S. C. 3501 et seq.], and other applicable law, each agency shall develop its regulatory actions in a timely fashion and adhere to the following procedures with respect to a regulatory action:

( A) Each agency shall provide OIRA, at such times and in the manner specified by the Administrator of OIRA, with a list of its planned regulatory actions, indicating those which the agency believes are significant regulatory actions within the meaning of this Executive order. Absent a material change in the development of the planned regulatory action, those not designated as significant will not be subject to review under this section unless, within 10 working days of receipt of the list, the Administrator of OIRA notifies the agency that OIRA has determined that a planned regulation is a significant regulatory action within the meaning of this Executive order. The Administrator of OIRA may waive review of any planned regulatory action designated by the agency as significant, in which case the agency need not further comply with subsection ( a)( 3)( B) or subsection ( a)( 3)( C) of this section.

( B) For each matter identified as, or determined by the Administrator of OIRA to be, a significant regulatory action, the issuing agency shall provide to OIRA:

( i) The text of the draft regulatory action, together with a reasonably detailed description of the need for the regulatory action and an explanation of how the regulatory action will meet that need; and ( ii) An assessment of the potential costs and benefits of the regulatory action, including an explanation of the manner in which the regulatory action is consistent with a statutory mandate and, to the extent permitted by law, promotes the President's priorities and avoids undue interference with State, local, and tribal governments in the exercise of their governmental functions.

( C) For those matters identified as, or determined by the Administrator of OIRA to be, a significant regulatory action within the scope of section 3( f)( 1), the agency shall also provide to OIRA the following additional information developed as part of the agency's decision making process ( unless prohibited by law):

( i) An assessment, including the underlying analysis, of benefits anticipated from the regulatory action ( such as, but not limited to, the promotion of the efficient functioning of the economy and private markets, the enhancement of health and safety, the protection of the natural environment, and the elimination or reduction of discrimination or bias) together with, to the extent feasible, a quantification of those benefits;

( ii) An assessment, including the underlying analysis, of costs anticipated from the regulatory action ( such as, but not limited to, the direct cost both to the government in administering the regulation and to businesses and others in complying with the regulation, and any adverse effects on the efficient functioning of the economy, private markets ( including productivity, employment, and competitiveness), health, safety, and the natural environment), together with, to the extent feasible, a quantification of those costs; and ( iii) An assessment, including the underlying analysis, of costs and benefits of potentially effective and reasonably feasible alternatives to the planned regulation, identified by the agencies or the public ( including improving the current regulation and reasonably viable nonregulatory actions), and an explanation why the planned regulatory action is preferable to the identified potential alternatives.

( D) In emergency situations or when an agency is obligated by law to act more quickly than normal review procedures allow, the agency shall notify OIRA as soon as possible and, to the extent practicable, comply with subsections ( a)( 3)( B) and ( C) of this section. For those regulatory actions that are governed by a statutory or court imposed deadline, the agency shall, to the extent practicable, schedule rulemaking proceedings so as to permit sufficient time for OIRA to conduct its review, as set forth below in subsection ( b)( 2) through ( 4) of this section.

( E) After the regulatory action has been published in the Federal Register or otherwise issued to the public, the agency shall:

( i) Make available to the public the information set forth in subsections ( a)( 3)( B) and ( C);

( ii) Identify for the public, in a complete, clear, and simple manner, the substantive changes between the draft submitted to OIRA for review and the action subsequently announced; and ( iii) Identify for the public those changes in the regulatory action that were made at the suggestion or recommendation of OIRA.

( F) All information provided to the public by the agency shall be in plain, understandable language.

( b) OIRA Responsibilities. The Administrator of OIRA shall provide meaningful guidance and oversight so that each agency's regulatory actions are consistent with applicable law, the President's priorities, and the principles set forth in this Executive order and do not conflict with the policies or actions of another agency. OIRA shall, to the extent permitted by law, adhere to the following guidelines:

( 1) OIRA may review only actions identified by the agency or by OIRA as significant regulatory actions under subsection ( a)( 3)( A) of this section.

( 2) OIRA shall waive review or notify the agency in writing of the results of its review within the following time periods:

( A) For any notices of inquiry, advance notices of proposed rulemaking, or other preliminary regulatory actions prior to a Notice of Proposed Rulemaking, within 10 working days after the date of submission of the draft action to OIRA;

( B) For all other regulatory actions, within 90 calendar days after the date of submission of the information set forth in subsections ( a)( 3)( B) and ( C) of this section, unless OIRA has previously reviewed this information and, since that review, there has been no material change in the facts and circumstances upon which the regulatory action is based, in which case, OIRA shall complete its review within 45 days; and ( C) The review process may be extended ( 1) once by no more than 30 calendar days upon the written approval of the Director and ( 2) at the request of the agency head.

( 3) For each regulatory action that the Administrator of OIRA returns to an agency for further consideration of some or all of its provisions, the Administrator of OIRA shall provide the issuing agency a written explanation for such return, setting forth the pertinent provision of this Executive order on which OIRA is relying. If the agency head disagrees with some or all of the bases for the return, the agency head shall so inform the Administrator of OIRA in writing.

( 4) Except as otherwise provided by law or required by a Court, in order to ensure greater openness, accessibility, and accountability in the regulatory review process, OIRA shall be governed by the following disclosure requirements:

( A) Only the Administrator of OIRA ( or a particular designee) shall receive oral communications initiated by persons not employed by the executive branch of the Federal Government regarding the substance of a regulatory action under OIRA review;

( B) All substantive communications between OIRA personnel and persons not employed by the executive branch of the Federal Government regarding a regulatory action under review shall be governed by the following guidelines: ( i) A representative from the issuing agency shall be invited to any meeting between OIRA personnel and such person( s);

( ii) OIRA shall forward to the issuing agency, within 10 working days of receipt of the communication( s), all written communications, regardless of format, between OIRA personnel and any person who is not employed by the executive branch of the Federal Government, and the dates and names of individuals involved in all substantive oral communications ( including meetings to which an agency representative was invited, but did not attend, and telephone conversations between OIRA personnel and any such persons); and ( iii) OIRA shall publicly disclose relevant information about such communication( s), as set forth below in subsection ( b)( 4)( C) of this section.

( C) OIRA shall maintain a publicly available log that shall contain, at a minimum, the following information pertinent to regulatory actions under review: ( i) The status of all regulatory actions, including if ( and if so, when and by whom) Vice Presidential and Presidential consideration was requested;

( ii) A notation of all written communications forwarded to an issuing agency under subsection ( b)( 4)( B)( ii) of this section; and ( iii) The dates and names of individuals involved in all substantive oral communications, including meetings and telephone conversations, between OIRA personnel and any person not employed by the executive branch of the Federal Government, and the subject matter discussed during such communications.

( D) After the regulatory action has been published in the Federal Register or otherwise issued to the public, or after the agency has announced its decision not to publish or issue the regulatory action, OIRA shall make available to the public all documents exchanged between OIRA and the agency during the review by OIRA under this section.

( 5) All information provided to the public by OIRA shall be in plain, understandable language.

Sec. 7. Resolution of Conflicts.

To the extent permitted by law, disagreements or conflicts between or among agency heads or between OMB and any agency that cannot be resolved by the Administrator of OIRA shall be resolved by the President, or by the Vice President acting at the request of the President, with the relevant agency head ( and, as appropriate, other interested government officials). Vice Presidential and Presidential consideration of such disagreements may be initiated only by the Director, by the head of the issuing agency, or by the head of an agency that has a significant interest in the regulatory action at issue. Such review will not be undertaken at the request of other persons, entities, or their agents.

Resolution of such conflicts shall be informed by recommendations developed by the Vice President, after consultation with the Advisors ( and other executive branch officials or personnel whose responsibilities to the President include the subject matter at issue). The development of these recommendations shall be concluded within 60 days after review has been requested.

During the Vice Presidential and Presidential review period, communications with any person not employed by the Federal Government relating to the substance of the regulatory action under review and directed to the Advisors or their staffs or to the staff of the Vice President shall be in writing and shall be forwarded by the recipient to the affected agency( ies) for inclusion in the public docket( s). When the communication is not in writing, such Advisors or staff members shall inform the outside party that the matter is under review and that any comments should be submitted in writing.

At the end of this review process, the President, or the Vice President acting at the request of the President, shall notify the affected agency and the Administrator of OIRA of the President's decision with respect to the matter.

Sec. 8. Publication.

Except to the extent required by law, an agency shall not publish in the Federal Register or otherwise issue to the public any regulatory action that is subject to review under section 6 of this Executive order until ( 1) the Administrator of OIRA notifies the agency that OIRA has waived its review of the action or has completed its review without any requests for further consideration, or ( 2) the applicable time period in section 6( b)( 2) expires without OIRA having notified the agency that it is returning the regulatory action for further consideration under section 6( b)( 3), whichever occurs first. If the terms of the preceding sentence have not been satisfied and an agency wants to publish or otherwise issue a regulatory action, the head of that agency may request Presidential consideration through the Vice President, as provided under section 7 of this order. Upon receipt of this request, the Vice President shall notify OIRA and the Advisors. The guidelines and time period set forth in section 7 shall apply to the publication of regulatory actions for which Presidential consideration has been sought.

Sec. 9. Agency Authority. Nothing in this order shall be construed as displacing the agencies' authority or responsibilities, as authorized by law.

Sec. 10. Judicial Review. Nothing in this Executive order shall affect any otherwise available judicial review of agency action. This Executive order is intended only to improve the internal management of the Federal Government and does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. Sec. 11. Revocations. Executive Orders Nos. 12291 and 12498; all amendments to those Executive orders; all guidelines issued under those orders; and any exemptions from those orders heretofore granted for any category of rule are revoked.

William J. Clinton


[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Notices]
[Pages 16353-16354]
[FR Doc No: 2018-07778]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP18-149-000]

Columbia Gas Transmission, LLC; Notice of Request Under Blanket
Authorization

    Take notice that on March 29, 2018, Columbia Gas Transmission, LLC
(Columbia), 700 Louisiana Street, Suite 700, Houston, Texas 77002-2700,
filed in Docket No. CP18-149-000 a prior notice request pursuant to
sections 157.205 and 157.213(b) of the Commission's regulations under
the Natural Gas Act (NGA), requesting authorization to construct and
operate one new horizontal storage well, designated Well 12606, and one
new vertical observation well, designated Well 12607, and related
pipelines and appurtenances at Columbia's Pavonia Storage Field,
located in Ashland and Richland Counties, Ohio. Columbia estimates the
cost of the proposed project to be approximately $5,000,000, all as
more fully set forth in the application which is on file with the
Commission and open to public inspection. The filing may also be viewed
on the web 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, please contact FERC
Online Support at [email protected] or toll free at (866) 208-
3676, or TTY, contact<PHONE_NUMBER>.
    Any questions concerning this application may be directed to Linda
Farquhar, Manager, Project Determinations & Regulatory Administration,
Columbia Gas Transmission, LLC, 700 Louisiana Street, Suite 700,
Houston, Texas 77002-2700, by telephone at<PHONE_NUMBER>, by fax at
(832) 320-6685, or by

email at [email protected].
    Any person or the Commission's staff may, within 60 days after
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and pursuant to section 157.205 of
the regulations under the NGA (18 CFR 157.205), a protest to the
request. If no protest is filed within the time allowed therefore, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for filing a protest. If a protest is filed and
not withdrawn within 30 days after the allowed time for filing a
protest, the instant request shall be treated as an application for
authorization pursuant to section 7 of the NGA.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the EA for this proposal. The filing of the EA in the Commission's
public record for this proceeding or the issuance of a Notice of
Schedule for Environmental Review will serve to notify federal and
state agencies of the timing for the completion of all necessary
reviews, and the subsequent need to complete all federal authorizations
within 90 days of the date of issuance of the Commission staff's EA.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commentary, will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
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.

    Dated: April 9, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-07778 Filed 4-13-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Notices]
[Pages 23948-23950]
[FR Doc No: 2018-10974]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83273; File No. SR-NYSEAMER-2018-21]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Rule 7.4E To Reflect the Standard Settlement Cycle of Two Business Days
After the Trade Date

May 17, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on May 11, 2018, NYSE American LLC (``Exchange'' or ``NYSE
American'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 7.4E to reflect the standard
settlement cycle of two business days after the trade date (``T+2'') in
Securities Exchange Act Rule 15c6-1(a). The proposed rule change is
available on the Exchange's website at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend Rule 7.4E to reflect the standard
T+2 settlement cycle in Securities Exchange Act (the ``Act'') Rule
15c6-1(a) (``Rule 15c6-1(a)'').

Background

    On September 28, 2016, the Securities and Exchange Commission
(``SEC'') proposed amendments to Rule 15c6-1(a) under the Act \4\ to
shorten the standard settlement cycle from three business days after
the trade date (``T+3'') to T+2.\5\ The amendment was adopted on March
22, 2017, with a compliance date of September 5, 2017.\6\
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    \4\ See 17 CFR 240.15c6-1(a).
    \5\ See Securities Exchange Act Release No. 78962 (September 28,
2016), 81 FR 69240 (October 5, 2016) (File No. S7-22-16).
    \6\ See Securities Exchange Act Release No. 80295 (March 22,
2017), 82 FR 15564 (March 29, 2017) (File No. S7-22-16).
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    In response, the Exchange adopted new rules with the modifier ``T''
to reflect a T+2 settlement cycle but retained versions of rules
reflecting T+3 settlement because the Exchange would not implement the
new rules until after the final implementation of T+2.\7\
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    \7\ See Securities Exchange Act Release No. 80020 (February 10,
2017), 82 FR 10940 (February 16, 2017) (SR-NYSEMKT-2016-119).
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    Rule 7.4E (Ex-Dividend or Ex-Right Dates), which establishes the
ex-dividend and ex-rights dates for stocks traded regular way in
connection with the implementation of Pillar on the Exchange, was
approved in May 2017.\8\ The Exchange began trading on the Pillar
platform on July 24, 2017.
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    \8\ See Securities Exchange Act Release Nos. 80590 (May 4,
2017), 82 FR 21843 (May 10, 2017) (Approval Order) and 79993
(February 9, 2017), 82 FR 10814,10815-16 (February 15, 2017) (SR-
NYSEMKT-2017-01) (Notice). Pillar is an integrated trading
technology platform designed to use a single specification for
connecting to the equities and options markets operated by the
Exchange and its affiliates, NYSE Arca, Inc. and New York Stock
Exchange LLC.
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    In connection with the September 5, 2017 compliance date for
shortening of the standard settlement cycle from T+3 to T+2, the
Exchange deleted the rules reflecting the T+3 settlement cycle and
implemented the new rules reflecting the T+2 settlement cycle. The
Exchange, however, inadvertently did not update Rule 7.4E to reflect
T+2 settlement, which it currently proposes to do.
    To effectuate the proposed change, the Exchange proposes to delete
the word ``second'' so the reference would be to the ``business day''
preceding the record date. The current Rule further provides that if
the record date or closing of transfer books occurs upon a day other
than a business day, the Rule shall apply for the third preceding
business day. The Exchange also proposes to change ``third preceding
business day'' to ``second preceding business day.''
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\9\ in general, and further the objectives
of Section 6(b)(5) of the Act,\10\ in particular, because it is
designed to prevent fraudulent and manipulative acts and practices,
promote just and equitable principles of trade, remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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    The proposed change is consistent with the SEC's amendment to Rule
15c6-1(a) requiring standard settlement no later than T+2. The Exchange
believes that removing obsolete references to T+3 settlement from the
Exchange's rulebook removes impediments to and perfects the mechanism
of a free and open market, thereby reducing potential confusion, making
the Exchange's rules easier to navigate. The Exchange believes that
eliminating obsolete material would not be inconsistent with the public
interest and the protection of investors because investors will not be
harmed and in fact would benefit from increased transparency, thereby
reducing potential confusion.

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

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed change is not
designed to address any competitive issue but rather to promote clarity
and consistency, thereby reducing burdens on the marketplace and
facilitating investor protection.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(6)
thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \13\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\14\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest. Waiving the operative
delay will allow the Exchange to immediately conform its rule to Rule
15c6-1(a) under the Act, that has a standard settlement cycle of T+2,
and eliminate outdated references to the T+3 settlement cycle.
Accordingly, the Commission hereby waives the 30-day operative delay
requirement and

designates the proposed rule change as operative upon filing.\15\
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    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSEAMER-2018-21 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-NYSEAMER-2018-21. 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 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEAMER-2018-21, and should be
submitted on or before June 13, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-10974 Filed 5-22-18; 8:45 am]
 BILLING CODE 8011-01-P