[Federal Register Volume 76, Number 197 (Wednesday, October 12, 2011)]
[Rules and Regulations]
[Pages 63200-63202]
[FR Doc No: 2011-26255]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0907]
RIN 1625-AA00

Safety Zone; The Old Club Cannonade, Lake St. Clair, Muscamoot
Bay, Harsens Island, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake St. Clair, Muscamoot Bay, Harsens Island, MI. This safety zone is
intended to restrict vessels from a portion of Lake St. Clair during
the Cannonade event.

DATES: This rule is effective from 1:30 p.m. through 4:30 p.m. on
October 15, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0907 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0907 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail LT Adrian Palomeque, Prevention
Department, Sector Detroit, Coast Guard; telephone<PHONE_NUMBER>, e-
mail<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because waiting for a notice and comment
period to run would be impracticable and contrary to the public
interest. Notice of this event was not received in sufficient time for
the Coast Guard to solicit public comments before the event's start.
Thus, waiting for a notice and comment period to run would be
impracticable and contrary to the public interest because it would
inhibit the Coast Guard's ability to protect the public from the
hazards associated with maritime cannon firing event.
    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. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.

Background and Purpose

    On October 15, 2011, a private party is holding a land based live
fire event that will include cannon balls fired from a point on Lake
St. Clair. The cannon firing will occur between 1:30 p.m. and 4:30
p.m., October 15, 2011. The Captain of the Port Detroit has determined
that this event will create public hazards. Particularly, cannon balls
being fired into Lake St. Clair could cause death, serious bodily harm,
or property damage.

Discussion of Rule

    Because of the aforementioned hazards, the Captain of the Port
Detroit has determined that a temporary safety zone is necessary to
ensure the safety of people and vessels during the firing of the
cannons. The safety zone will encompass all waters on Lake St. Clair in
an area bound by the coordinates starting at the cannon firing position
located at 42[deg]32.5' N, 082[deg]40.1' W extending west to the Old
Channel Light located at position 42[deg]32.5' N, 082[deg]41.6' W
angling northeast to position 42[deg]33.5' N, 082[deg]40.6' W then
angling southeast to the point of origin creating a triangle shaped
safety zone from 1:30 p.m. until 4:30 p.m. on October 15, 2011. This
area is near the southern end of Harsens Island in Muscamoot Bay. All
geographic coordinates are North American Datum of 1983 (NAD 83).
    All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on scene patrol
personnel. Entry into, transiting, or anchoring within the safety zone
is prohibited unless authorized by the Captain of the Port Detroit or
his designated on scene representative. The Captain of the Port or his
designated on scene representative may be contacted via VHF Channel 16.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under those Orders.
    It is not ``significant'' under the regulatory policies and
procedures of the Department of Homeland Security (DHS). We conclude
that this rule is not a significant regulatory action because we
anticipate that it will have minimal impact on the economy, will not
interfere with other agencies, will not adversely alter the budget of
any grant or loan recipients, and will not raise any novel legal or
policy issues. The safety zone around the launch platform will be
relatively small and exist for only a minimal time. Thus, restrictions
on vessel movement within any particular area of Lake St. Clair are
expected to be minimal. Under certain conditions, moreover, vessels may
still transit through the safety zone when permitted by the Captain of
the Port.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which may be
small entities: the owners and operators of vessels intending to
transit or anchor in

this portion of Lake St. Clair between 1:30 p.m. through 4:30 p.m. on
October 15, 2011.
    This safety zone will not have a significant economic impact on a
substantial number of small entities because vessels can easily transit
around the zone. The Coast Guard will give notice to the public via a
Broadcast Notice to Mariners that the regulation is in effect.

Assistance for Small Entities

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

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866, as supplemented by
Executive Order 13566, and is not likely to have a significant adverse
effect on the supply, distribution, or use of energy. The Administrator
of the Office of Information and Regulatory Affairs has not designated
it as a significant energy action. Therefore, it does not require a
Statement of Energy Effects under Executive Order 13211.

Technical Standards

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

Environment

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add 165.T09-0907 to read as follows:

Sec.  165. T09-0907  Safety zone; The Old Club Cannonade, Lake St.
Clair, Harsens Island, MI.

    (a) Location. The safety zone will encompass all waters on Lake St.
Clair in an area bound by the coordinates starting at the cannon firing
position

located at 42[deg]32.5' N, 082[deg]40.1' W extending west to the Old
Channel Light located at position 42[deg]32.5' N, 082[deg]41.6' W
angling northeast to position 42[deg]33.5' N, 082[deg]40.6' W then
angling southeast to the point of origin creating a triangle shaped
safety zone from 1:30 p.m. until 4:30 p.m. on October 15, 2011. This
area is near the southern end of Harsens Island in Muscamoot Bay. All
geographic coordinates are North American Datum of 1983 (NAD 83).
    (b) Effective and Enforcement Period. This rule is effective and
will be enforced from 1:30 p.m. through 4:30 p.m. on October 15, 2011.
    (c) Regulations. (1) In accordance with the general regulations in
Section 165.23 of this part, entry into, transiting, or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port Detroit, or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Detroit or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant, or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or
his designated on scene representative may be contacted via VHF Channel
16.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Detroit or his on-scene
representative to obtain permission to do so.
    (5) Vessel operators given permission to enter or operate in the
safety zone must comply with all directions given to them by the
Captain of the Port or his on-scene representative.

    Dated: September 26, 2011.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2011-26255 Filed 10-11-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: April 27, 2010 (Volume 75, Number 80)]
[Rules and Regulations]
[Page 21990-21993]
[DOCID:fr27ap10-8]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0271]
RIN 1625-AA00

Safety Zone; Extended Debris Removal in the Lake Champlain Bridge
Construction Zone (Between Vermont and New York), Crown Point, NY

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 immediately surrounding the Lake Champlain Bridge
construction zone between Chimney Point, VT and Crown Point, NY. This
rule re-establishes a safety zone that was scheduled to expire prior to
the completion of the removal of debris from the old Crown Point bridge
demolition. The debris must be cleared from the navigable waterway
prior to opening the channel to vessel traffic. This rule is necessary
to provide safety of life on the navigable waters within this area
during the demolition and debris removal of the bridge piers within
this construction zone.

DATES: This rule is effective in the CFR on April 27, 2010. This rule
is effective with actual notice for purposes of enforcement from 12:01
a.m. on Friday, April 16, 2010 through 11:59 p.m. on Saturday, May 15,
2010.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0271 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0271 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Lieutenant Junior Grade Laura van der
Pol, Coast Guard Sector Northern New England, Waterways Management
Division; telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
If you have questions on viewing the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. The New York State Department of
Transportation recently requested an extension to deadline for removing
the concrete piers (6 and 7) which line the main channel in Crown
Point, NY. These piers can only be effectively removed by explosive
charges, and both the piers and subsequent debris must be removed
before the Coast Guard can reopen the channel to all vessel traffic.
The Coast Guard did not receive notification of delays in the debris
removal operations in sufficient time to complete a comment period
prior to the expiration of the existing safety zone. As delaying the
demolition and debris removal process is contrary to public interest,
and there is continued need to protect waterway users from hazardous
debris in the navigational channel, a comment period is both
impractical and unnecessary.
    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 for the same reasons enumerated above.

Basis and Purpose

    On December 28th, 2009 the New York State Department of
Transportation demolished the Lake Champlain Bridge after an inspection
showed significant deterioration of the concrete piers supporting the
bridge as well as extreme wear to the metal structure. For that
demolition and subsequent debris removal, the Coast Guard established a
safety zone around the construction site, an exclusion area that
remains in effect until April 15, 2010 (docket number USCG-2009-1094).
While the Coast Guard had intended to re-open the area to all traffic
upon expiration of that safety zone, it is unsafe to do so until the
debris removal process is complete and the area has been surveyed.
    The New York State Department of Transportation recently requested
an extension to the original April 15, 2010 deadline for clearing the
main channel as there have been operational delays that did not allow
the removal of concrete piers 6 and 7 at an earlier date. As the
current safety zone does not provide sufficient time for complete
debris removal and a channel survey, the Coast Guard is establishing
this temporary safety zone to meet that need.
    A pier explosion is tentatively scheduled for Friday, April 9, 2010
or Saturday, April 10, 2010 depending on weather and operations
necessary to place explosive charges on the piers. The pier demolition
will put additional debris in the navigational channel that must be
cleared and surveyed prior to vessels transiting through the area.
    This safety zone will extend the current zone by one month (through
May 15th, 2010) to allow for complete debris removal in the main
channel as well as a side-scan sonar survey to verify the area is safe
for navigation. The Captain of the Port will enforce a zone 1500 feet
to the north and south of the Lake Champlain Bridge construction site.
The Captain of the Port may suspend part or all of the zone if the
Coast Guard determines that it is safe to do so or if a channel survey
is completed prior to May 15th, 2010. The notifications for such an
event are discussed below under ``List of Subjects''.
    This safety zone is being established to provide for the safety of
life on the navigable waters by prohibiting entry into an area
surrounding the Lake Champlain Bridge construction zone during
continued debris removal.

Discussion of Rule

    This rule establishes a temporary safety zone of 1500 feet to
either side of the Lake Champlain Bridge construction zone, between
44[deg]02[min]06[sec] N, 073[deg]25[min]41[sec] W to the north and
44[deg]01[min]53[sec] N, 073[deg]25[min]06[sec] W to the south. The
Captain of the Port may suspend enforcement to part or all of this zone
when deemed safe to do so.
    Entry into this zone by any vessel or person is strictly prohibited
through Saturday, May 15th, 2010 unless specifically authorized by the
Captain of the Port, Sector Northern New England.
    The Captain of the Port anticipates little negative impact on
vessel traffic from this temporary safety zone. This safety zone
extends the existing limited access area by one month, and it may be
suspended after completion of a channel survey that verifies the safety
of the main channel for navigation.
    Additionally, details of the project and safety zone enforcement
will continue to be made via a Local Notice to Mariners and Broadcast
Notice to Mariners.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    This rule is not a significant regulatory action because there is
no commercial traffic in the region, and the locks that allow passage
through the New York State Canal System do not open until May 1, 2010.
Until that time, the recreational traffic through the area is minimal.
Also, traffic will be allowed to pass through the zone with the
permission of the Coast Guard Captain of the Port.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: the Lake Champlain Transportation Company, and
the owners or operators of vessels intending to transit or anchor in a
portion of the navigable waters immediately surrounding the Lake
Champlain Bridge construction zone between Chimney Point, VT and Crown
Point, NY.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: There
is no commercial traffic in the region, and recreational boaters will
be allowed to pass through the zone with the permission of the Coast
Guard Captain of the Port.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. If your
small business or organization would be affected by this rule and you
have any questions concerning its provisions or options for compliance,
please call or e-mail Lieutenant Junior Grade Laura van der Pol, Coast
Guard Sector Northern New England, Waterways Management Division;
telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

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

Environment

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

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.

0
2. Add temporary Sec.  165.T10-0271 to read as follows:

Sec.  165.T10-0271  Safety Zone; Extended Debris Removal in the Lake
Champlain Bridge Construction Zone (between Vermont and New York),
Crown Point, NY.

    (a) Location. The following area is a safety zone: All navigable
waters from surface to bottom extending 1500 feet to either side of the
Lake Champlain Bridge construction zone, marked by coordinates
44[sec]02[min]06[sec] N, 073[sec]25[min]41[sec] W to the north and
44[sec]01[min]53[sec] N, 073[sec]25[min]06[sec] W to the south.
Visually, this area is marked from shore to shore by a line between
Orchard Point in New York to Hoist Point in Vermont to the north, and a
line passing through the assigned position of Crown Point Lighted Buoy
58 (LLNR 39865) at 44[sec]01[min]42[sec] N, 073[sec]24[min]57[sec] W
and the southern coordinate indicated above. If conditions allow, the
Coast Guard Captain of the Port, Sector Northern New England may
suspend enforcement for all or a portion of the safety zone.
Notification of such a reduction in the safety zone will be made via
Broadcast Notice to Mariners.
    (b) Regulations. (1) The general regulations in Sec.  165.23 apply.
    (2) In accordance with the general regulations in Sec.  165.23,
entry into or remaining within this safety zone is prohibited unless
authorized by the Coast Guard Captain of the Port, Sector Northern New
England.
    (3) Persons desiring to transit the area of the safety zone may
contact the Captain of the Port, Sector Northern New England Command
Center at<PHONE_NUMBER> or on VHF channel 16 (156.8 MHz) to seek
permission to transit the zone. If permission is granted, all persons
and vessels must comply with the instructions of the Captain of the
Port, Sector Northern New England or his designated representative.
    (c) Effective Period. This section is effective from Friday, April
16th, 2010 through Saturday, May 15th, 2010. The Captain of the Port
will notify the maritime community of enforcement of this safety zone
via Local Notices to

Mariners and Broadcast Notice to Mariners.

    Dated: April 8, 2010.
B.J. Downey, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Sector Northern New
England Acting.
[FR Doc. 2010-9680 Filed 4-26-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 213 (Tuesday, November 3, 2020)]
[Rules and Regulations]
[Pages 69512-69514]
[FR Doc No: 2020-23199]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2013-0218 and EPA-HQ-OPP-2013-0219; FRL-10015-39]
RIN 2070-ZA16

Dipropylene Glycol and Triethylene Glycol; Exemption From the
Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is exempting
residues of the antimicrobial pesticide ingredients dipropylene glycol
and triethylene glycol from the requirement of a tolerance when used on
or applied to food-contact surfaces in public eating places, dairy-
processing equipment, and food-processing equipment and utensils. The
Agency is finalizing this rule on its own initiative under the Federal
Food, Drug, and Cosmetic Act (FFDCA) to address residues identified as
part of the Agency's registration review program under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA).

DATES: This regulation is effective November 3, 2020. Objections and
requests for hearings must be received on or before January 4, 2021 and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The dockets for this action, identified by docket
identification (ID) numbers EPA-HQ-OPP-2013-0219 and EPA-HQ-OPP-2013-
0218, are available at http://www.regulations.gov or at the Office of
Pesticide Programs Regulatory Public Docket (OPP Docket) in the
Environmental Protection Agency Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW,
Washington, DC 20460-0001. The Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OPP Docket is<PHONE_NUMBER>.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Anita Pease, Antimicrobials Division
(7510P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone
number:<PHONE_NUMBER>; email 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 a
pesticide manufacturer. The following list of North American Industrial
Classification System (NAICS) codes is not intended to be exhaustive,
but rather provides a guide to help readers determine whether this
document applies to them. Potentially affected entities may include:
     Crop production (NAICS code 111), e.g., agricultural
workers; greenhouse, nursery, and floriculture workers; farmers.
     Animal production (NAICS code 112), e.g., cattle ranchers
and farmers, dairy cattle farmers, livestock farmers.

     Food manufacturing (NAICS code 311), e.g., agricultural
workers; farmers; greenhouse, nursery, and floriculture workers;
ranchers; pesticide applicators.
     Pesticide manufacturing (NAICS code 32532), e.g.,
agricultural workers; commercial applicators; farmers; greenhouse,
nursery, and floriculture workers; residential users.

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID numbers EPA-HQ-OPP-2013-0218 and EPA-HQ-OPP-2013-0219 in the
subject line on the first page of your submission. All objections and
requests for a hearing must be in writing and must be received by the
Hearing Clerk on or before January 4, 2021. Addresses for mail and hand
delivery of objections and hearing requests are provided in 40 CFR
178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID numbers EPA-HQ-OPP-2013-0218 and EPA-
HQ-OPP-2013-0219, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Summary of Proposed Rule-For Exemption

    In the Federal Register of May 22, 2020 (85 FR 31130) (FRL-10008-
87), EPA proposed to exempt residues of the antimicrobial pesticide
ingredients dipropylene glycol and triethylene glycol from the
requirement of a tolerance when used on or applied to food-contact
surfaces in public eating places, dairy-processing equipment, and food-
processing equipment and utensils. These exemptions were proposed on
the Agency's own initiative under section 408(e) of the FFDCA. 21
U.S.C. 346a(e). No comments were submitted on the Agency's proposal.
Therefore, the Agency is finalizing the exemption from the requirement
of a tolerance for residues of the antimicrobial pesticide ingredients
dipropylene glycol and triethylene glycol when used on or applied to
food-contact surfaces in public eating places, dairy-processing
equipment, and food-processing equipment and utensils as proposed.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings but does not include
occupational exposure. Pursuant to FFDCA section 408(c)(2)(B), in
establishing or maintaining in effect an exemption from the requirement
of a tolerance, EPA must take into account the factors set forth in
FFDCA section 408(b)(2)(C), which requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue . .
. .''
    Consistent with FFDCA section 408(c)(2)(A) and the factors
specified in FFDCA section 408(c)(2)(B), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for dipropylene glycol and
triethylene glycol including exposure resulting from the exemption
established by this action. EPA's assessment of exposures and risks
associated with dipropylene glycol and triethylene glycol are discussed
in the preamble to the proposed rule.
    Based on the toxicological and exposure data discussed in the
proposal and the supporting registration review documents, EPA
concludes that the exemption from the requirement of a tolerance for
residues of dipropylene glycol and triethylene glycol when used in
antimicrobial formulations applied to food-contact surfaces in public
eating places, dairy-processing equipment, and food-processing
equipment and utensils will be safe. EPA has determined that there is a
reasonable certainty that no harm will result to the general
population, or to infants and children, from aggregate exposure to
dipropylene glycol and triethylene glycol residues.

IV. Analytical Enforcement Methodology

    An analytical method for residue is not needed. Due to the lack of
risk, EPA is establishing exemptions without limits for dipropylene
glycol and triethylene glycol; therefore, measuring residues of
dipropylene glycol and triethylene glycol is not necessary.

V. Conclusion

    Therefore, EPA is establishing in 40 CFR 180.940(a) exemptions from
the requirement of a tolerance for residues of dipropylene glycol and
triethylene glycol when used in antimicrobial formulations applied to
food-contact surfaces in public eating places, dairy-processing
equipment, and food-processing equipment and utensils.

VI. Statutory and Executive Order Reviews

    This action establishes exemptions from the requirement of a
tolerance under FFDCA section 408(e). The Office of Management and
Budget (OMB) has exempted these types of actions from review under
Executive Order 12866, entitled ``Regulatory Planning and Review'' (58
FR 51735, October 4, 1993). Because this action has been exempted from
review under Executive Order 12866, this action is not subject to
Executive Order 13211, entitled

``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) or Executive
Order 13045, entitled ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), nor is
it considered a regulatory action under Executive Order 13771, entitled
``Reducing Regulations and Controlling Regulatory Costs'' (82 FR 9339,
February 3, 2017). This action does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA) (44 U.S.C. 3501 et seq.), nor does it require any special
considerations under Executive Order 12898, entitled ``Federal Actions
to Address Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16, 1994).
    Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), the Agency previously assessed whether establishment of
exemptions from the requirement of a tolerance might significantly
impact a substantial number of small entities and concluded that, as a
general matter, these actions do not impose a significant economic
impact on a substantial number of small entities. This analysis for
tolerance establishments and modifications was published in the Federal
Register of May 4, 1981 (46 FR 24950) and was provided to the Chief
Counsel for Advocacy of the Small Business Administration. Taking into
account this analysis, and available information concerning the
pesticides listed in this rule, the Agency hereby certifies that this
proposed rule will not have a significant negative economic impact on a
substantial number of small entities. Furthermore, for the pesticides
named in this rule, the Agency knows of no extraordinary circumstances
that exist as to the present rule that would change EPA's previous
analysis. No comments were submitted concerning EPA's similar
determination in the proposed rule.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

Edward Messina,
Acting Director, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, the EPA amends
40 CFR chapter I as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD

0
1. The authority citation for part 180 continues to read as follows:

    Authority:  21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.940 amend paragraph (a) by adding to the table, in
alphabetical order, the entries of ``Dipropylene glycol'' and
``Triethylene glycol'' to read as follows:

Sec.  180.940  Tolerance exemptions for active and inert ingredients
for use in antimicrobial formulations (Food-contact surface sanitizing
solutions).

* * * * *
    (a) * * *

                            Table 180.940(a)
------------------------------------------------------------------------
       Pesticide chemical          CAS Reg. No.           Limits
------------------------------------------------------------------------

                              * * * * * * *
Dipropylene glycol..............      25265-71-8  None.

                              * * * * * * *
Triethylene glycol..............        112-27-6  None.

                              * * * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2020-23199 Filed 11-2-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)]
[Notices]
[Page 42681]
[FR Doc No: 2017-19151]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Docket No. ER17-2369-000

GenOn Holdco 4, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding
GenOn Holdco 4, LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is September 25, 2017.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY,
call<PHONE_NUMBER>.

    Dated: September 5, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-19151 Filed 9-8-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 43 (Monday, March 5, 2012)]
[Notices]
[Pages 13125-13126]
[FR Doc No: 2012-5259]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9642-6]

Tentative Approval and Solicitation of Request for a Public
Hearing for Public Water System Supervision Program Revision for the
Commonwealth of Virginia

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of tentative approval and Solicitation of Requests for a
Public Hearing.

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

SUMMARY: Notice is hereby given in accordance with the provision of
section 1413 of the Safe Drinking Water Act, as amended, and the
requirements governing the National Primary Drinking Water Regulations
Implementation, 40 CFR part 142, that the Commonwealth of Virginia is
revising its approved Public Water System Supervision Program. The
Commonwealth has adopted the Long Term 2 Enhanced Surface Water
Treatment Rule and the Stage 2 Disinfectants and Disinfection
Byproducts Rule which will provide for better public health protection
by reducing potential cancer and reproductive and developmental health
risks from disinfection byproducts in drinking water and by reducing
illness linked with Cryptosporidium and other pathogenic microorganisms
in drinking water. EPA has determined that these revisions are no less
stringent than the corresponding Federal regulations. EPA is taking
action to tentatively approve these program revisions. All interested
parties are invited to submit written comments on this determination
and may request a public hearing.

DATES: Comments or a request for a public hearing must be submitted by

April 4, 2012. This determination shall become effective on April 4,
2012 if no timely and appropriate request for a hearing is received and
the Regional Administrator does not elect on his own to hold a hearing,
and if no comments are received which cause EPA to modify its tentative
approval.

ADDRESSES: Comments or a request for a public hearing must be submitted
to the U.S. Environmental Protection Agency Region III, 1650 Arch
Street Philadelphia, PA 19103-2029. Comments may also be submitted
electronically to<EMAIL_ADDRESS>All documents relating to
this determination are available for inspection between the hours of 8
a.m. and 4:30 p.m., Monday through Friday, at the following offices:
     Drinking Water Branch (3WP21), Water Protection Division,
U.S. Environmental Protection Agency Region III, 1650 Arch Street,
Philadelphia, PA 19103-2029.
     Office of Drinking Water, Virginia Department of Health,
Madison Building, 6th Floor, 109 Governor Street Room 632, Richmond, VA
23219.

FOR FURTHER INFORMATION CONTACT: Michelle Hoover at the Philadelphia
address given above, telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>, or
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: All interested parties are invited to submit
written comments on this determination and may request a public
hearing. All comments will be considered; if necessary, EPA will issue
a response. Frivolous or insubstantial requests for a hearing may be
denied by the Regional Administrator. However, if a substantial request
for a public hearing is made by April 4, 2012, a public hearing will be
held. A request for public hearing shall include the following: (1) The
name, address, and telephone number of the individual, organization, or
other entity requesting a hearing; (2) a brief statement of the
requesting person's interest in the Regional Administrator's
determination and of information that the requesting person intends to
submit at such a hearing; and (3) the signature of the individual
making the request; or, if the request is made on behalf of an
organization or other entity, the signature of a responsible official
of the organization or other entity.

    Dated: February 22, 2012.
 W.C. Early,
Acting Regional Administrator, EPA, Region III.
[FR Doc. 2012-5259 Filed 3-2-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Notices]
[Pages 23454-23455]
[FR Doc No: 2018-10726]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP10-1398-006.

    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Compliance filing Opinion No. 528-B Compliance Filing
to be effective 4/1/2011.
    Filed Date: 5/14/18.
    Accession Number: 20180514-6176.
    Comments Due: 5 p.m. ET 5/29/18.

    Docket Numbers: RP18-813-000.
    Applicants: MC Global Gas Corporation, Mitsubishi Corporation.
    Description: Joint Petition of Mitsubishi Corporation, et al. for
Temporary Waiver of Capacity Release Requirements and Related
Interstate Pipeline Tariff Provisions.
    Filed Date: 5/14/18.
    Accession Number: 20180514-6198.
    Comments Due: 5 p.m. ET 5/29/18.

    Docket Numbers: RP18-814-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Reservation of Capacity to be
effective 6/15/2018.
    Filed Date: 5/15/18.
    Accession Number: 20180515-5152.
    Comments Due: 5 p.m. ET 5/29/18.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 15, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-10726 Filed 5-18-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Notices]
[Pages 5454-5455]
[FR Doc No: 2020-01703]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-D-2236]

Human Gene Therapy for Retinal Disorders; Guidance for Industry;
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration is announcing the
availability of a final guidance entitled ``Human Gene Therapy for
Retinal Disorders; Guidance for Industry.'' The final guidance provides
recommendations to stakeholders developing human gene therapy (GT)
products for retinal disorders affecting adult and pediatric patients.
The guidance focuses on issues specific to GT products for retinal
disorders and provides recommendations related to product development,
preclinical testing, and clinical trial design for such GT products.
The guidance announced in this notice finalizes the draft guidance of
the same title dated July 2018.

DATES: The announcement of the guidance is published in the Federal
Register on January 30, 2020.

ADDRESSES: You may submit either electronic or written comments on
Agency guidances at any time as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2018-D-2236 for ``Human Gene Therapy for Retinal Disorders;
Guidance for Industry.'' Received comments will be placed in the docket
and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the guidance to the
Office of Communication, Outreach and Development, Center for Biologics
Evaluation and Research (CBER), Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist the office in processing
your requests. The guidance may also be obtained by mail by calling
CBER at 1-800-835-4709 or<PHONE_NUMBER>. See the SUPPLEMENTARY
INFORMATION section for electronic access to the guidance document.

FOR FURTHER INFORMATION CONTACT: Jenifer Stach, Center for Biologics
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-
402-7911.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a document entitled ``Human
Gene Therapy for Retinal Disorders; Guidance for Industry.'' This
guidance provides recommendations to stakeholders developing human GT
products for retinal disorders affecting adult and pediatric patients.
These disorders vary in etiology, prevalence, diagnosis, and
management, and include genetic as well as age-related diseases. These
disorders manifest with central or peripheral visual impairment and
often with progressive visual loss. This guidance focuses on issues
specific to GT products for retinal disorders and provides
recommendations related to product development, preclinical testing,
and clinical trial design for such GT products.

    In the Federal Register of July 12, 2018 (83 FR 32302), FDA
announced the availability of the draft guidance of the same title. FDA
received several comments on the draft guidance and those comments were
considered as the guidance was finalized. The guidance announced in
this notice finalizes the draft guidance dated July 2018.
    Elsewhere in this issue of the Federal Register, FDA is announcing
the availability of two other human gene therapy final guidance
documents entitled ``Human Gene Therapy for Hemophilia; Guidance for
Industry'' and ``Human Gene Therapy for Rare Diseases; Guidance for
Industry.''
    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
current thinking of FDA on ``Human Gene Therapy for Retinal
Disorders.'' It does not establish any rights for any person and is not
binding on FDA or the public. You can use an alternative approach if it
satisfies the requirements of the applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521). The
collections of information in 21 CFR part 50 have been approved under
OMB control number 0910-0755; the collections of information in 21 CFR
part 58 have been approved under OMB control number 0910-0119; the
collections of information in 21 CFR part 211 have been approved under
OMB control number 0910-0139; the collections of information in 21 CFR
part 312 have been approved under OMB control number 0910-0014; the
collections of information in 21 CFR part 601 have been approved under
OMB control number 0910-0338; the collections of information in the
guidance entitled ``Expedited Programs for Serious Conditions--Drugs
and Biologics'' have been approved under OMB control number 0910-0765;
and the collections of information in the guidance entitled ``Formal
Meetings Between the FDA and Sponsors or Applicants'' have been
approved under OMB control number 0910-0429.

III. Electronic Access

    Persons with access to the internet may obtain the guidance at
either https://www.fda.gov/vaccines-blood-biologics/guidance-compliance-regulatory-information-biologics or https://www.regulations.gov.

    Dated: January 27, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-01703 Filed 1-29-20; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 83, Number 101 (Thursday, May 24, 2018)]
[Notices]
[Page 24100]
[FR Doc No: 2018-11156]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL18-66-000]

Notice of Filing: Citizen Sunrise Transmission LLC

    Take notice that on May 14, 2018, Citizen Sunrise Transmission LLC
submitted a response to the March 15, 2018 Show Cause Order.\1\
---------------------------------------------------------------------------

    \1\ Alcoa Power Generation, Inc.--Long Sault Division, et al.,
162 FERC ] 61,224 (2018) (Show Cause Order).
---------------------------------------------------------------------------

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the website that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
[email protected], or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on June 4, 2018.

    Dated: May 18, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-11156 Filed 5-23-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Pages 30921-30923]
[FR Doc No: 2017-13898]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81028; File No. SR-ICC-2017-007]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
to ICC's Cash Investment Yield Schedule

June 27, 2017
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934

(``Act'') \1\ and Rule 19b-4,\2\ notice is hereby given that on June
16, 2017, ICE Clear Credit LLC (``ICC'') filed with the Securities and
Exchange Commission the proposed rule change, as described in Items I,
II and III below, which Items have been prepared primarily by ICC. ICC
filed the proposed rule change pursuant to Section 19(b)(3)(A) of the
Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ so that the proposal was
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The principal purpose of the proposed changes is to make changes to
ICC's cash investment yield schedule.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

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

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

    ICC currently retains a portion of interest earned on cash
balances, net of cash management expenses. The portion of interest
retained is based on an established cash investment yield schedule,
which is set forth in the ICC Collateral Management presentation
available on the ICC Web site. \5\ ICC proposes changes to its cash
investment yield schedule. The proposed revisions to the cash
investment yield schedule are set forth in Exhibit 5 hereto, and
described in detail as follows.
---------------------------------------------------------------------------

    \5\ https://www.theice.com/publicdocs/clear_credit/ICE_Clear_Credit_Collateral_Management.pdf.
---------------------------------------------------------------------------

    Currently ICC retains a 10 bps spread for interest rate market
environments of 50 bps or greater, net of expenses. As a result of
increased treasury expenses due to continued business and regulatory
focus on liquidity, ICC proposes an increase to the ICC portion of
investment yield on cash balances for higher interest rate market
environments (i.e. greater than 100 bps) to 10% of investment yield,
net of expenses. ICC also proposes moving the five bps yield section to
the `zero' ICC portion of investment yield on cash balances. Currently,
a five bps yield results in an ICC investment yield of one bps.
    The investment yield schedule changes will apply to both house and
client accounts, and ICC proposes to make such changes effective July
3, 2017. ICC will issue a circular notification in advance of the
effective date.
    ICC believes that the proposed rule changes are consistent with the
requirements of the Act, including Section 17A of the Act .\6\ More
specifically, the proposed rule changes change a member due, fee or
other charge imposed by ICC under Section 19(b)(3)(A)(ii) \7\ of the
Act and Rule 19b-4(f)(2) \8\ thereunder. ICC believes the proposed rule
changes are consistent with the requirements of the Act and the rules
and regulations thereunder applicable to ICC, in particular, to Section
17(A)(b)(3)(D) \9\, because the proposed changes apply equally to all
market participants and therefore the proposed changes provide for the
equitable allocation of reasonable dues, fees and other charges among
participants. As such, the proposed changes are appropriately filed
pursuant to Section 19(b)(3)(A) \10\ of the Act and paragraph (f)(2) of
Rule 19b-4 \11\ thereunder.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1.
    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \8\ 17 CFR 240.19b-4(f)(2).
    \9\ 15 U.S.C. 78q-1(b)(3)(D).
    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

B. Clearing Agency's Statement on Burden on Competition

    ICC does not believe the proposed rule change would have any
impact, or impose any burden, on competition. The changes to ICC's
investment yield schedule will apply uniformly across all market
participants. Therefore, ICC does not believe the proposed rule change
imposes any burden on competition that is inappropriate in furtherance
of the purposes of the Act.

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

    Written comments relating to the proposed rule change have not been
solicited or received. ICC will notify the Commission of any written
comments received by ICC.

III. Date of Effectiveness of the Proposed Rule Change

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) \12\ of the Act and Rule 19b-4(f)(2) \13\ thereunder, as
the changes to ICC's investment yield schedule constitute a change to a
due, fee, or other charge applicable only to a member. 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.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-ICC-2017-007 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-ICC-2017-007. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official

business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
such filings will also be available for inspection and copying at the
principal office of ICE Clear Credit and on ICE Clear Credit's Web site
at https://www.theice.com/clear-credit/regulation.
    All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-ICC-2017-007
and should be submitted on or before July 24, 2017.
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-13898 Filed 6-30-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 54 (Tuesday, March 20, 2018)]
[Proposed Rules]
[Pages 12144-12146]
[FR Doc No: 2018-05605]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 147

[Docket Number USCG-2017-0446]
RIN 1625-AA00

Safety Zone; Appomattox FPS, Mississippi Canyon 437, Outer
Continental Shelf on the Gulf of Mexico

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a safety zone around the
Appomattox Floating Production System (FPS) facility located in
Mississippi Canyon Block 437 on the Outer Continental Shelf (OCS) in
the Gulf of Mexico. The purpose of the safety zone is to protect the
facility from all vessels operating outside the normal shipping
channels and fairways that are not providing services to or working
with the facility. Placing a safety zone around the facility will
significantly reduce the threat of allisions, collisions, oil spills,
and releases of natural gas, and thereby protect the safety of life,
property, and the environment. We invite your comments on this proposed
rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before April 19, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0446 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Ms. Laura Knoll, U.S. Coast Guard,
District Eight Waterways Management Branch; telephone<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FPS Floating production system
FR Federal Register
NPRM Notice of proposed rulemaking
OCS Outer Continental Shelf
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Under the authority provided in 14 U.S.C. 85, 43 U.S.C. 1333, and
Department of Homeland Security Delegation No. 0170.1(90), Title 33,
CFR 147.1, 147.5, and 147.10 permit the establishment of safety zones
for facilities located on the Outer Continental Shelf (OCS) for the
purpose of protecting life and property on the facilities, their
appurtenances and attending vessels, and on the adjacent waters within
the safety zones.
    The safety zone proposed by this rulemaking is on the OCS in the
deepwater area of the Gulf of Mexico at Mississippi Canyon Block 437.
The area for the safety zone would be 500 meters (1640.4 feet) from
each point on the facility, which is located at 28[deg]34'25.47'' N,
87[deg]56'03.11'' W. The deepwater area would be considered to be
waters of 304.8 meters (1,000 feet) or greater depth extending to the
limits of the Exclusive Economic Zone (EEZ) contiguous to the
territorial sea of the United States and extending to a distance up to
200 nautical miles from the baseline from which the breadth of the sea
is measured. The deepwater area would also include an extensive system
of fairways. Navigation in the vicinity of the safety zone consists of
large commercial shipping vessels, fishing vessels, cruise ships, tugs
with tows and the occasional recreational vessels. The establishment of
this safety zone will not interfere with these vessels' navigation in
the area.

III. Discussion of Proposed Rule

    Shell Exploration and Production Co. requested that an OCS safety
zone extending 500 meters from each point on the Appomattox Floating
Production System (FPS) facility structure's outermost edge be
established. There are safety concerns for both the personnel aboard
the facility and the environment. The District Commander has determined
that it was highly likely that any allision with the facility would
result in a catastrophic event. Placing a safety zone around the
facility will significantly reduce the threat of allisions, oil spills,
and releases of natural gas, and thereby protect the safety of life,
property, and the living marine resources.
    In evaluating this request, the Coast Guard explored relevant
safety factors and considered several criteria, including but not
limited to (1) the level of the existing and foreseeable shipping
activity, the presence of unusually harmful or hazardous substances and
obstructions within 500 meters of the

facility, (2) safety concerns for personnel aboard the facility, (3)
concerns for the environment, (4) the likelihood that an allision would
result in a catastrophic event based on the proximity to shipping
fairways, offloading operations, production levels, and size of the
crew, (5) the volume of traffic in the vicinity of the proposed safety
zone, (6) the types of vessels navigating in the vicinity of the
proposed area, and (7) the structural configuration of the facility.
    Results from a thorough and comprehensive examination of the
criteria, International Maritime Organization (IMO)'s guidelines, and
existing regulations, warrant the establishment of a safety zone of 500
meters around the facility. The proposed safety zone would
significantly reduce the threat of allisions, oil spills, and releases
of natural gas, and increase the safety of life, property, and the
environment in the Gulf of Mexico by prohibiting entry into the zone.
Only vessels measuring less than 100 feet in length overall and not
engaged in towing, attending vessels as defined in 33 CFR 147.20, or
those vessels specifically authorized by the Eighth Coast Guard
District Commander or a designated representative would be permitted to
enter the proposed safety zone.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking, and we considered the First
Amendment rights of protestors. Below we summarize our analyses based
on a number of these statutes or Executive Orders.

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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 safety zone's
location and its distance from both land and safety fairways. This
proposed rule is not a significant regulatory action due to the
location of the Appomattox FPS, on the Outer Continental Shelf, and its
distance from both land and safety fairways. Vessels traversing waters
near the proposed safety zone would be able to safely travel around the
zone using alternate routes. Exceptions to this proposed rule would
include vessels measuring less than 100 feet in length overall and not
engaged in towing. The Eighth Coast Guard District Commander, or a
designated representative, would consider requests to transit through
the proposed safety 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
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator. This proposed safety zone would
not have a significant economic impact or a substantial number of small
entities for the following reasons. Vessel traffic can pass safely
around the safety zone using alternate routes. Based on the limited
scope of the safety zone, any delay resulting from using an alternate
route is expected to be minimal depending on vessel traffic and speed
in the area. Additionally, exceptions to this proposed rule would
include vessels measuring less than 100 feet in length overall and not
engaged in towing, as well as any attending vessel, as defined in 33
CFR 147.20. Entry into and transit through the proposed safety zone
could be requested. Such requests would be considered on a case-by-case
basis and may be authorized by the Eighth Coast Guard District
Commander or a designated representative.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    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 proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

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

proposed rule would not result in such an expenditure, we do discuss
the effects of this rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination 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 proposed rule involves
establishing a safety zone around an offshore deepwater facility.
Normally such actions are categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 01. A preliminary Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 147

    Continental shelf, Marine safety, Navigation (water).
    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 147 as follows:

PART 147--SAFETY ZONES

0
1. The authority citation for part 147 continues to read as follows:

    Authority: 14 U.S.C. 85; 43 U.S.C. 1333; and Department of
Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  147.869 to read as follows:

Sec.  147.869   Safety Zone; Appomattox FPS Facility, Outer Continental
Shelf on the Gulf of Mexico

    (a) Description. The Appomattox Floating Production System (FPS)
system is in the deepwater area of the Gulf of Mexico at Mississippi
Canyon Block 437. The facility is located at 28[deg]34'25.47'' N,
87[deg]56'03.11'' W (NAD 83), and the area within 500 meters (1640.4
feet) from each point on the facility structure's outer edge is a
safety zone.
    (b) Regulation. No vessel may enter or remain in this safety zone
except the following:
    (1) An attending vessel, as defined by 33 CFR 147.20;
    (2) A vessel under 100 feet in length overall not engaged in
towing; or
    (3) A vessel authorized by the Eighth Coast Guard District
Commander.

    Dated: March 9, 2018.
Paul F. Thomas,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2018-05605 Filed 3-19-18; 8:45 am]
 BILLING CODE 9110-04-P