MEMORANDUM

DATE:		July 9, 2014

TO:		Carbon Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602

FROM:	Region 7, EPA

SUBJECT:	July 9, 2014, Meeting Regarding Proposed Carbon Power Plan for Existing Power Plants  --------------------------------------------------------------------------------

SUMMARY

      A conference call was held between EPA and the attendees listed below on July 9, 2014 to discuss the proposed Carbon Power Plan for Existing Power Plants. The majority of the discussion centered on how goals were established for the state of Iowa. The Carbon Power Plan for Existing Power Plants was proposed on June 2, 2014.        ATTENDEES

EPA Headquarters: Jan Cortelyou-Lee Brian Fisher Ryan Sims Erich Eschmann

EPA Region 7: Joshua Tapp Mark A. Smith Ward Burns Larry Gonzalez Toni Gargas

Iowa Department of Natural Resources: Catherine Fitzsimmons Marnie Stein Christine Paulson Chris Roling


[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Proposed Rules]
[Pages 13755-13758]
[FR Doc No: 2023-04487]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2022-0279; FRL-10675-01-R6]

Air Plan Approval; Oklahoma; Updates to the State Implementation
Plan Incorporation by Reference Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve revisions
to the Oklahoma State Implementation Plan (SIP) submitted by the State
of Oklahoma designee on December 17, 2021, and January 30, 2023. This
action addresses the submittal of revisions to the Oklahoma SIP to
update the incorporation by reference provision of Federal requirements
under Oklahoma Administrative Code (OAC).

DATES: Written comments must be received on or before April 5, 2023.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2022-0279, at https://www.regulations.gov or via email to
[email protected]. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact Adina Wiley, 214-665-
2115, [email protected]. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov. While all documents in the
docket are listed in the index, some information may not be publicly
available due to docket file size restrictions or content (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Ms. Adina Wiley, EPA Region 6 Office,
Air Permits Section,<PHONE_NUMBER>, [email protected]. Out of an
abundance of caution for members of the public and our staff, the EPA
Region 6 office may be closed to the public to reduce the risk of
transmitting COVID-19. We encourage the public to submit comments via
https://www.regulations.gov. Please call or email the contact listed
above if you need alternative access to material indexed but not
provided in the docket.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    Section 110 of the Act requires states to develop air pollution
regulations and control strategies to ensure that air quality meets the
EPA's National Ambient Air Quality Standards (NAAQS). These ambient
standards are established under section 109 of the Act and they
currently address six criteria pollutants: Carbon monoxide, nitrogen
dioxide, ozone, lead, particulate matter, and sulfur dioxide. The
state's air regulations are contained in its SIP, which is basically a
clean air plan. Each state is responsible for developing SIPs to
demonstrate how the NAAQS will be achieved, maintained, and enforced.
The SIP must be submitted to the EPA for approval, and any changes a
state makes to the approved SIP also must be submitted to the EPA for
approval.
    On December 17, 2021, Mr. Kenneth Wagner, Secretary of Energy and
Environment, submitted revisions to the Oklahoma SIP that included the
annual SIP updates for 2021. The submittal included revisions to OAC
252:100, Subchapter 2 and Appendix Q to update the incorporation by
reference of Federal requirements, which will be addressed in this
proposal.
    On January 30, 2023, Mr. Ken McQueen, Secretary of Energy and
Environment, submitted revisions to the Oklahoma SIP that included the
annual SIP updates for 2022. This submittal included revisions to OAC
252:100, Subchapter 2 and Appendix Q to update the incorporation by
reference of Federal requirements, which will be addressed in this
proposal. The submittal also included revisions to OAC 252:100,
Subchapters 8, 37 and 39 which will be addressed by EPA at a later date
and in separate rulemakings.

II. The EPA's Evaluation

    The accompanying Technical Support Document for this action
includes a detailed analysis of the submitted revisions to the Oklahoma
SIP which are the subject of this proposed rulemaking. Our analysis
indicates that the December 17, 2021 and January 30, 2023, SIP
revisions addressed in this proposed rulemaking action were developed
in accordance with the CAA and the State provided reasonable notice and
public hearing.
    The ODEQ submitted revisions on December 17, 2021 and January 30,
2023, to update the Incorporation by Reference provisions found in the
Oklahoma SIP. In the December 17, 2021, submittal the ODEQ provided
amendments to OAC 252:100-2-3 and Appendix Q that were adopted on June
11, 2021, and effective September 15,

2021. The January 30, 2023, submittal included amendments to OAC
252:100-2-3 and Appendix Q that were adopted on June 21, 2022, and
effective September 15, 2022. These revisions ensure the Oklahoma SIP
maintains consistency with current Federal requirements by updating the
opening paragraph of OAC 252:100-2-3 to include the current
incorporation by reference date and revoking and replacing the prior
version of Appendix Q. Specifically, the ODEQ updated the incorporation
by reference requirements of:
     40 CFR part 50, appendices B and J, to ensure the Oklahoma
SIP uses the current Federal reference methods for determining
compliance with the NAAQS,
     40 CFR part 51, subpart A, table 1 to appendix A to use
current requirements in the Oklahoma emission inventory reporting
requirements,
     40 CFR part 51, paragraph 51.100(s)(1) of subpart F, to
use the Federal definition of volatile organic compound,
     40 CFR part 51, appendix P, to use Federal emission
monitoring requirements,
     40 CFR part 51, appendix W, to use current Federal
guidance on air quality models, and
     40 CFR part 98, table A-1 of subpart A, to use current
global warming potentials in the Oklahoma air permitting programs.

III. Impact on Areas of Indian Country

    Following the U.S. Supreme Court decision in McGirt v. Oklahoma,
140 S. Ct. 2452 (2020), the Governor of the State of Oklahoma requested
approval under Section 10211(a) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act of 2005: A Legacy for Users, Public
Law 109-59, 119 Stat. 1144, 1937 (August 10, 2005) (``SAFETEA''), to
administer in certain areas of Indian country (as defined at 18 U.S.C.
1151) the State's environmental regulatory programs that were
previously approved by the EPA for areas outside of Indian country. The
State's request excluded certain areas of Indian country further
described below. In addition, the State only sought approval to the
extent that such approval is necessary for the State to administer a
program in light of Oklahoma Dept. of Environmental Quality v. EPA, 740
F.3d 185 (D.C. Cir. 2014).\1\
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    \1\ In ODEQ v. EPA, the D.C. Circuit held that under the CAA, a
state has the authority to implement a SIP in non-reservation areas
of Indian country in the state, where there has been no
demonstration of tribal jurisdiction. Under the D.C. Circuit's
decision, the CAA does not provide authority to states to implement
SIPs in Indian reservations. ODEQ did not, however, substantively
address the separate authority in Indian country provided
specifically to Oklahoma under SAFETEA. That separate authority was
not invoked until the State submitted its request under SAFETEA, and
was not approved until EPA's decision, described in this section, on
October 1, 2020.
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    On October 1, 2020, the EPA approved Oklahoma's SAFETEA request to
administer all the State's EPA-approved environmental regulatory
programs, including the Oklahoma SIP, in the requested areas of Indian
country. As requested by Oklahoma, the EPA's approval under SAFETEA
does not include Indian country lands, including rights-of-way running
through the same, that: (1) qualify as Indian allotments, the Indian
titles to which have not been extinguished, under 18 U.S.C. 1151(c);
(2) are held in trust by the United States on behalf of an individual
Indian or Tribe; or (3) are owned in fee by a Tribe, if the Tribe (a)
acquired that fee title to such land, or an area that included such
land, in accordance with a treaty with the United States to which such
Tribe was a party, and (b) never allotted the land to a member or
citizen of the Tribe (collectively ``excluded Indian country lands'').
    The EPA's approval under SAFETEA expressly provided that to the
extent EPA's prior approvals of Oklahoma's environmental programs
excluded Indian country, any such exclusions are superseded for the
geographic areas of Indian country covered by the EPA's approval of
Oklahoma's SAFETEA request.\2\ The approval also provided that future
revisions or amendments to Oklahoma's approved environmental regulatory
programs would extend to the covered areas of Indian country (without
any further need for additional requests under SAFETEA).
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    \2\ EPA's prior approvals relating to Oklahoma's SIP frequently
noted that the SIP was not approved to apply in areas of Indian
country (consistent with the D.C. Circuit's decision in ODEQ v. EPA)
located in the state. See, e.g., 85 FR 20178, 20180 (April 10,
2020). Such prior expressed limitations are superseded by the EPA's
approval of Oklahoma's SAFETEA request.
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    The EPA is proposing to approve updates to the Oklahoma SIP
incorporation by reference provisions to maintain consistency with
Federal requirements, which will apply statewide in Oklahoma.
Consistent with the D.C. Circuit's decision in ODEQ v. EPA and with the
EPA's October 1, 2020, SAFETEA approval, if this approval is finalized
as proposed, these SIP revisions will apply to all Indian country
within the State of Oklahoma, other than the excluded Indian country
lands, as described above. Because--per the State's request under
SAFETEA--EPA's October 1, 2020, approval does not displace any SIP
authority previously exercised by the State under the CAA as
interpreted in ODEQ v. EPA, the SIP will also apply to any Indian
allotments or dependent Indian communities located outside of an Indian
reservation over which there has been no demonstration of tribal
authority.\3\
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    \3\ In accordance with Executive Order 13990, EPA is currently
reviewing our October 1, 2020 SAFETEA approval and expects to engage
in further discussions with tribal governments and the State of
Oklahoma as part of this review. EPA also notes that the October 1,
2020 approval is the subject of a pending challenge in Federal
court. (Pawnee v. Regan, No. 20-9635 (10th Cir.)). Pending
completion of EPA's review, EPA is proceeding with this proposed
action in accordance with the October 1, 2020 approval. EPA's final
action on the approved revisions to the Oklahoma SIP that include
revisions to OAC 252:100-2-3 and Appendix Q will address the scope
of the state's program with respect to Indian country, and may make
any appropriate adjustments, based on the status of our review at
that time. If EPA's final action on Oklahoma's SIP is taken before
our review of the SAFETEA approval is complete, EPA may make further
changes to the approval of Oklahoma's program to reflect the outcome
of the SAFETEA review.
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IV. Proposed Action

    We are proposing to approve under section 110 of the CAA, the
December 17, 2021, and January 30, 2023, revisions to the Oklahoma SIP
to update the incorporation by reference dates for Federal
requirements. We have determined that these revisions were developed in
accordance with the CAA and the EPA's regulations, policy, and guidance
for SIP development.
    The EPA proposes approval of the following revisions to the
Oklahoma SIP adopted on June 11, 2021, effective September 15, 2021,
and submitted to the EPA on December 17, 2021:
     Revisions to OAC 252:100-2-3, Incorporation by Reference,
     Repeal of OAC 252:100, Appendix Q, and
     Adoption of new OAC 252:100. Appendix Q.
    The EPA proposes approval of the following revisions to the
Oklahoma SIP adopted on June 21, 2022, effective September 15, 2022,
and submitted to the EPA on January 30, 2023:
     Revisions to OAC 252:100-2-3, Incorporation by Reference,
     Repeal of OAC 252:100, Appendix Q, and
     Adoption of new OAC 252:100. Appendix Q.

V. Environmental Justice Considerations

    The EPA reviewed demographic data, which provides an assessment of

individual demographic groups of the populations living within
Oklahoma.\4\ The EPA then compared the data to the national average for
each of the demographic groups. The results of this analysis are being
provided for informational and transparency purposes. The results of
the demographic analysis indicate that, for populations within
Oklahoma, the percent people of color (persons who reported their race
as a category other than White alone (not Hispanic or Latino)) is less
than the national average (35 percent versus 40 percent). Within people
of color, the percent of the population that is Black or African
American alone is lower than the national average (7.8 percent versus
13.4 percent) and the percent of the population that is American
Indian/Alaska Native is significantly higher than the national average
(9.4 percent versus 1.3 percent). The percent of the population that is
two or more races is higher than the national averages (6.3 percent
versus 2.8 percent). The percent of persons in poverty in Oklahoma is
higher than the national average (14.3 percent versus 11.4 percent).
The percent of persons aged 25 years and older with a high school
diploma in Oklahoma is similar to the national average (88.6 percent
versus 88.5 percent), while the percent with a Bachelor's degree or
higher is below the national average (26.1 percent versus 32.9
percent).
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    \4\ See the United States Census Bureau's QuickFacts on Oklahoma
at https://www.census.gov/quickfacts/fact/table/OK,US/PST045221.
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    This action proposes to approve revisions to the Oklahoma SIP to
update the incorporation by reference provisions to maintain
consistency with Federal requirements; thus, enabling the State of
Oklahoma to implement control strategies and permitting programs. We
expect that this action, if finalized, will generally achieve emissions
reductions and contribute to reduced environmental and health impacts
on all populations in Oklahoma, including people of color and low-
income populations. Further, there is no information in the record
indicating that this action is expected to have disproportionately high
or adverse human health or environmental effects on a particular group
of people.

VI. Incorporation by Reference

    In this action, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are proposing to incorporate by
reference revisions to the Oklahoma regulations that update Oklahoma's
incorporation by reference of certain Federal regulations in 40 CFR
parts 50, 51, and 98 identified and discussed in Section II, The EPA's
Evaluation, and Section IV, Proposed Action, of this preamble. We have
made, and will continue to make, these documents generally available
electronically through www.regulations.gov (please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section of this
preamble for more information).

VII. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
    The air agency did not evaluate environmental justice
considerations as part of its SIP submittal; the CAA and applicable
implementing regulations neither prohibit nor require such an
evaluation. The EPA performed an environmental justice analysis, as is
described above in the section titled, ``Environmental Justice
Considerations.'' The analysis was done for the purpose of providing
additional context and information about this rulemaking to the public,
not as a basis of the action. Due to the nature of the action being
taken here, this action is expected to have a neutral to positive
impact on the air quality of the affected area. In addition, there is
no information in the record upon which this decision is based
inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
    This proposed approval of revisions to the Oklahoma SIP that update
the incorporation by reference dates for Federal requirements as
discussed more fully elsewhere in this document will apply, if
finalized as proposed, to certain areas of Indian country as discussed
in the preamble, and therefore has tribal implications as specified in
E.O. 13175 (65 FR 67249, November 9,

2000). However, this action will neither impose substantial direct
compliance costs on federally recognized tribal governments, nor
preempt tribal law. This action will not impose substantial direct
compliance costs on federally recognized tribal governments because no
actions will be required of tribal governments. This action will also
not preempt tribal law as no Oklahoma tribe implements a regulatory
program under the CAA, and thus does not have applicable or related
tribal laws. Consistent with the EPA Policy on Consultation and
Coordination with Indian Tribes (May 4, 2011), the EPA has engaged with
tribal governments that may be affected by this action and provided
information about this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: February 28, 2023.
Earthea Nance,
Regional Administrator, Region 6.
[FR Doc. 2023-04487 Filed 3-3-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Notices]
[Pages 39414-39415]
[FR Doc No: 2023-12862]

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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 & Oil Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: CP23-495-000.
    Applicants: Texas Eastern Transmission, LP, Gulf South Pipeline
Company, LLC.
    Description: Texas Eastern Transmission, LP et. al. submits
Abbreviated Joint Application for Abandonment of Exchange Services re
Various X Rate Schedules.
    Filed Date: 6/9/23.
    Accession Number: 20230609-5035.
    Comment Date: 5 p.m. ET 6/30/23.

    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.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    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>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: June 9, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-12862 Filed 6-15-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Notices]
[Page 46934]
[FR Doc No: 2018-20104]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2520-000]

Great Lakes Hydro America, LLC; Notice of Authorization for
Continued Project Operation

    On August 31, 2016, Great Lakes Hydro America, LLC, licensee for
the Mattaceunk Hydroelectric Project, filed an Application for a New
License pursuant to the Federal Power Act (FPA) and the Commission's
regulations thereunder. The Mattaceunk Hydroelectric Project is located
on the Penobscot River in Aroostook and Penobscot counties, Maine,
within the town of Medway, Woodville, Mattawamkeag, and the unorganized
township of Molunkus.
    The license for Project No. 2520 was issued for a period ending
August 31, 2018. Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1),
requires the Commission, at the expiration of a license term, to issue
from year-to-year an annual license to the then licensee under the
terms and conditions of the prior license until a new license is
issued, or the project is otherwise disposed of as provided in section
15 or any other applicable section of the FPA. If the project's prior
license waived the applicability of section 15 of the FPA, then, based
on section 9(b) of the Administrative Procedure Act, 5 U.S.C. 558(c),
and as set forth at 18 CFR 16.21(a), if the licensee of such project
has filed an application for a subsequent license, the licensee may
continue to operate the project in accordance with the terms and
conditions of the license after the minor or minor part license
expires, until the Commission acts on its application. If the licensee
of such a project has not filed an application for a subsequent
license, then it may be required, pursuant to 18 CFR 16.21(b), to
continue project operations until the Commission issues someone else a
license for the project or otherwise orders disposition of the project.
    If the project is subject to section 15 of the FPA, notice is
hereby given that an annual license for Project No. 2520 is issued to
the licensee for a period effective September 1, 2018 through August
31, 2019, or until the issuance of a new license for the project or
other disposition under the FPA, whichever comes first. If issuance of
a new license (or other disposition) does not take place on or before
August 30, 2019, notice is hereby given that, pursuant to 18 CFR
16.18(c), an annual license under section 15(a)(1) of the FPA is
renewed automatically without further order or notice by the
Commission, unless the Commission orders otherwise.
    If the project is not subject to section 15 of the FPA, notice is
hereby given that the licensee, Great Lakes Hydro America, LLC, is
authorized to continue operation of the Mattaceunk Hydroelectric
Project, until such time as the Commission acts on its application for
a subsequent license.

    Dated: September 11, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-20104 Filed 9-14-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: May 29, 2008 (Volume 73, Number 104)]
[Notices]
[Page 30963]
[DOCID:fr29my08-102]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1757-DR]

Kentucky; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the Commonwealth of Kentucky (FEMA-1757-DR), dated May 19,
2008, and related determinations.

EFFECTIVE DATE: May 19, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated May 19, 2008, the President declared a major disaster under the
authority of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act), as follows:

    I have determined that the damage in certain areas of the
Commonwealth of Kentucky resulting from severe storms, tornadoes,
flooding, mudslides, and landslides during the period of April 3-4,
2008, is of sufficient severity and magnitude to warrant a major
disaster declaration under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, 42 U.S.C. 5121-5206 (the Stafford
Act). Therefore, I declare that such a major disaster exists in the
Commonwealth of Kentucky.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas, Hazard Mitigation throughout the State, and any
other forms of assistance under the Stafford Act that you deem
appropriate. Consistent with the requirement that Federal assistance
be supplemental, any Federal funds provided under the Stafford Act
for Hazard Mitigation will be limited to 75 percent of the total
eligible costs. Federal funds provided under the Stafford Act for
Public Assistance also will be limited to 75 percent of the total
eligible costs, except for any particular projects that are eligible
for a higher Federal cost-sharing percentage under the FEMA Public
Assistance Pilot Program instituted pursuant to 6 U.S.C. 777. If
Other Needs Assistance under Section 408 of the Stafford Act is
later requested and warranted, Federal funding under that program
also will be limited to 75 percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
to the extent allowable under the Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, W. Michael Moore, of FEMA is
appointed to act as the Federal Coordinating Officer for this declared
disaster.
    The following areas of the Commonwealth of Kentucky have been
designated as adversely affected by this declared major disaster:

    Anderson, Crittenden, Fleming, Fulton, Hancock, Hopkins, Lewis,
Livingston, McLean, Nicholas, Ohio, Spencer, and Woodford Counties
for Public Assistance.

    All counties within the Commonwealth of Kentucky are eligible to
apply for assistance under the Hazard Mitigation Grant Program.

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

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-12005 Filed 5-28-08; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 76, Number 31 (Tuesday, February 15, 2011)]
[Notices]
[Pages 8722-8723]
[FR Doc No: 2011-3303]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2100-175]

California Department of Water Resources; Notice of Application
Accepted for Filing, Soliciting Comments, Motions To Intervene, and
Protests

    Take notice that the following hydroelectric application has been
filed

with the Commission and is available for public inspection:

    a. Types of Application: Amendment to License.
    b. Project No.: 2100-175.
    c. Date Filed: January 12, 2011.
    d. Applicant: California Department of Water Resources (DWR).
    e. Name of Project: Feather River Hydroelectric Project.
    f. Location: The project is located on the Feather River in Butte
County near Oroville, California.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Bill Cochran, Chief of DWR's License
Coordination Branch, 1416 Ninth Street, P.O. Box 942836, Sacramento,
California;<PHONE_NUMBER>.
    i. FERC Contact: Mr. Lorance Yates,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests, is 30 days from the issuance date of this notice. All
documents may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
at http://www.ferc.gov/docs-filing/efiling.asp. If unable to be filed
electronically, documents may be paper-filed. To paper-file, an
original and seven copies should be mailed to: Secretary, Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426. Commenters can submit brief comments up to 6,000 characters,
without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and
contact information at the end of your comments.
    Please include the project number (P-2100-175) on any comments,
motions, or recommendations filed.
    k. Description of Request: The California Department of Water
Resources, licensee for the Feather River Hydroelectric Project, has
filed a request for authorization to temporarily close the Lime Saddle
Campground. Due to low seasonal usage by the public, the licensee
proposes to close the Lime Saddle Campground from January 1, 2011 to
April 30, 2011 in order to perform maintenance at the site. The Lime
Saddle Campground contains 44 individual sites and 6 group campsites.
During this closure, the public will be directed to the licensee's
other two campgrounds at the project. The Bidwell Canyon Campground
contains 75 individual sites and the Loafer Creek Campground contains
137 individual sites and 6 group campsites.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed on
the Commission's Web site at http://www.ferc.gov/docs-filing/efiling.asp. Enter the docket number excluding the last three digits in
the docket number field to access the document. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via e-mail of new filings and issuances related to this or
other pending projects. For assistance, call<PHONE_NUMBER> or e-mail
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is also
available for inspection and reproduction at the address in item (h)
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
Bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). All comments, motions to intervene, or protests should relate
to project works which are the subject of the license surrender.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each representative of the applicant specified in the particular
application. If an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.

    Dated: February 8, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-3303 Filed 2-14-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Notices]
[Page 61565]
[FR Doc No: 2017-28090]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL18-35-000]

Southwest Power Pool, Inc.; Notice of Institution of Section 206
Proceeding and Refund Effective Date

    On December 21, 2017, the Commission issued an order in Docket No.
EL18-35-000, pursuant to section 206 of the Federal Power Act (FPA), 16
U.S.C. 824e (2012), instituting an investigation into whether Southwest
Power Pool, Inc.'s (SPP) practices regarding the pricing of quick-start
resources may be unjust and unreasonable. Southwest Power Pool, Inc.,
161 FERC 61,296 (2017).
    The refund effective date in Docket No. EL18-35-000, established
pursuant to section 206(b) of the FPA, will be the date of publication
of this notice in the Federal Register.
    Any interested person desiring to be heard in Docket No. EL18-35-
000 must file a notice of intervention or motion to intervene, as
appropriate, with the Federal Energy Regulatory Commission, 888 First
Street NE, Washington, DC 20426, in accordance with Rule 214 of the
Commission's Rules of Practice and Procedure, 18 CFR 385.214, within 21
days of the date of issuance of the order.

    Dated: December 21, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-28090 Filed 12-27-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 76 (Thursday, April 19, 2018)]
[Notices]
[Pages 17472-17473]
[FR Doc No: 2018-08215]

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

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2016-0128]

Pipeline Safety: Meeting of the Voluntary Information-Sharing
System Working Group

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice.

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SUMMARY: This notice announces a public meeting of the Voluntary
Information-sharing System (VIS) Working Group. The VIS Working Group
will convene to discuss and identify recommendations to establish a
voluntary information-sharing system.

DATES: The public meeting will be held on June 20, 2018, from 8:30 a.m.
to 5:00 p.m. ET. Members of the public who wish to attend in person
should register no later than June 15, 2018. Individuals requiring
accommodations, such as sign language interpretation or other ancillary
aids, may notify PHMSA by June 15, 2018. For additional information,
see the ADDRESSES section.

ADDRESSES: The meeting will be held at a location yet to be determined
in the Washington, DC Metropolitan area. The meeting location, agenda
and any additional information will be published on the following VIS
Working Group and registration page at: https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=134.
    The meetings will not be webcast; however, presentations will be
available on the meeting website and posted on the E-Gov website,
https://www.regulations.gov/, under docket number PHMSA-2016-0128
within 30 days following the meeting.
    Public Participation: This meeting will be open to the public.
Members of the public who attend in person will also be provided an
opportunity to make a statement during the meetings.
    Written Comments: Persons who wish to submit written comments on
the meetings may submit them to the docket in the following ways:
    E-Gov Website: https://www.regulations.gov. This site allows the
public to enter comments on any Federal Register notice issued by any
agency.
    Fax: 1-202-493-2251.
    Mail: Docket Management Facility; U.S. Department of Transportation
(DOT), 1200 New Jersey Avenue SE, West Building, Room W12-140,
Washington, DC 20590-0001.
    Hand Delivery: Room W12-140 on the ground level of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC, between 9:00 a.m.
and 5:00 p.m., Monday through Friday, except on Federal holidays.
    Instructions: Identify the docket number PHMSA-2016-0128 at the
beginning of your comments. Note that all comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided.
    Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). Therefore, consider reviewing DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000, (65 FR 19477), or view the Privacy Notice at https://www.regulations.gov before submitting comments.
    Docket: For docket access or to read background documents or
comments, go to https://www.regulations.gov at any time or to Room W12-
140 on the ground level of the DOT West Building, 1200 New Jersey
Avenue SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday
through Friday, except Federal holidays.
    If you wish to receive confirmation of receipt of your written
comments, please include a self-addressed, stamped postcard with the
following statement: ``Comments on PHMSA-2016-0128.'' The docket clerk
will date stamp the postcard prior to returning it to you via the U.S.
mail.

Privacy Act Statement

    DOT may solicit comments from the public regarding certain general
notices. DOT posts these comments, without edit, including any personal
information the commenter provides, to www.regulations.gov, as
described in the system of records notice (DOT/ALL-14 FDMS), which can
be reviewed at www.dot.gov/privacy.
    Services for Individuals with Disabilities: The public meeting will
be physically accessible to people with disabilities. Individuals
requiring accommodations, such as sign language interpretation or other
ancillary aids, are asked to notify Cheryl Whetsel at
[email protected].

FOR FURTHER INFORMATION CONTACT: For information about the meeting,
contact Cheryl Whetsel by phone at<PHONE_NUMBER> or by email at
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The VIS Working Group is an advisory committee established in
accordance with Section 10 of the Protecting our Infrastructure of
Pipelines and Enhancing Safety Act of 2016 (Pub. L. 114-183), the
Federal Advisory Committee Act of 1972 (5 U.S.C., App. 2, as amended),
and 41 CFR 102-3.50(a).

II. Meeting Details and Agenda

    The VIS Working Group agenda will include briefings on topics such
as mandate requirements, integrity management, data types and tools,
in-line inspection repair and other direct assessment methods,
geographic information system implementation, subcommittee
considerations, lessons learned, examples of existing information-
sharing systems, safety management systems, and more. As part of its
work, the committee will ultimately provide recommendations to the
Secretary, as required and specifically outlined in Section 10 of
Public Law 114-183, addressing:
    (a) The need for, and the identification of, a system to ensure
that dig verification data are shared with in-line inspection operators
to the extent consistent with the need to maintain proprietary and
security-sensitive data in a confidential manner to improve pipeline
safety and inspection technology;
    (b) Ways to encourage the exchange of pipeline inspection
information and the development of advanced pipeline inspection
technologies and enhanced risk analysis;
    (c) Opportunities to share data, including dig verification data
between operators of pipeline facilities and in-line inspector vendors
to expand knowledge of the advantages and disadvantages of the
different types of in-line inspection technology and methodologies;
    (d) Options to create a secure system that protects proprietary
data while encouraging the exchange of pipeline inspection information
and the development of advanced pipeline inspection technologies and
enhanced risk analysis;
    (e) Means and best practices for the protection of safety and
security-sensitive information and proprietary information; and
    (f) Regulatory, funding, and legal barriers to sharing the
information described in paragraphs (a) through (d).
    The Secretary will publish the VIS Working Group's recommendations
on a publicly available DOT website and in the docket. The VIS Working
Group will fulfill its purpose once its recommendations are published
online.
    PHMSA will publish the agenda on the PHMSA meeting page https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=134, once it is
finalized.

    Issued in Washington, DC, on April 9, 2018, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2018-08215 Filed 4-18-18; 8:45 am]
 BILLING CODE 4910-60-P


[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Notices]
[Page 47494]
[FR Doc No: 2016-17218]

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DEPARTMENT OF TRANSPORTATION

Intelligent Transportation Systems Program Advisory Committee;
Notice of Meeting

AGENCY: ITS Joint Program Office, Office of the Assistant Secretary for
Research and Technology, U.S. Department of Transportation.

ACTION: Notice.

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

    The Intelligent Transportation Systems (ITS) Program Advisory
Committee (ITSPAC) will hold a meeting on August 11, 2016, from 8:00
a.m. to 4:00 p.m. (EDT) in the Crystal Gateway Marriott Hotel, 1700
Jefferson Davis Highway, Arlington, VA 22202.
    The ITSPAC, established under Section 5305 of Public Law 109-59,
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users, August 10, 2005, and re-established under Section
6007 of Public Law 114-94, Fixing America's Surface Transportation
(FAST) Act, December 4, 2015, was created to advise the Secretary of
Transportation on all matters relating to the study, development, and
implementation of intelligent transportation systems. Through its
sponsor, the ITS Joint Program Office (JPO), the ITSPAC makes
recommendations to the Secretary regarding ITS Program needs,
objectives, plans, approaches, content, and progress.
    The following is a summary of the meeting tentative agenda: (1)
Welcome, (2) Discussion of Potential Advice Memorandum Topics, (4)
Summary and Adjourn.
    The meeting will be open to the public, but limited space will be
available on a first-come, first-served basis. Members of the public
who wish to present oral statements at the meeting must submit a
request to<EMAIL_ADDRESS>not later than August 4, 2016.
    Questions about the agenda or written comments may be submitted by
U.S. Mail to: U.S. Department of Transportation, Office of the
Assistant Secretary for Research and Technology, ITS Joint Program
Office, Attention: Stephen Glasscock, 1200 New Jersey Avenue SE., HOIT,
Washington, DC 20590 or faxed to<PHONE_NUMBER>. The ITS JPO requests
that written comments be submitted not later than August 4, 2016.
    Notice of this conference is provided in accordance with the
Federal Advisory Committee Act and the General Services Administration
regulations (41 CFR part 102-3) covering management of Federal advisory
committees.

    Issued in Washington, DC, on the 18th day of July, 2016.
Stephen Glasscock,
Designated Federal Officer, ITS Joint Program Office.
[FR Doc. 2016-17218 Filed 7-20-16; 8:45 am]
 BILLING CODE 4910-22-P


[Federal Register Volume 87, Number 166 (Monday, August 29, 2022)]
[Rules and Regulations]
[Pages 52668-52669]
[FR Doc No: 2022-18429]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-1163; Airspace Docket No. 19-AAL-38]
RIN 2120-AA66

Establishment of United States Area Navigation (RNAV) Route T-
369; Bethel, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes United States Area Navigation (RNAV)
route T-369 in the vicinity of Bethel, AK, in support of a large and
comprehensive T-route modernization project for the state of Alaska.

DATES: Effective date 0901 UTC, November 3, 2022. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it expands the availability of RNAV in Alaska and improves
the efficient flow of air traffic within the National Airspace System
by lessening the dependency on ground based navigation.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2021-1163 in the Federal Register (87 FR 2088; January 13, 2022),
establishing RNAV route T-369 in the vicinity of Bethel, AK, in support
of a large and comprehensive T-route modernization project for the
state of Alaska. Interested parties were invited to participate in this
rulemaking effort by submitting comments on the proposal. No comments
were received.
    United States Area Navigation Routes are published in paragraph
6011 of FAA Order JO 7400.11F, dated August 10, 2021, and effective
September 15, 2021, which is incorporated by reference in 14 CFR 71.1.
The RNAV route listed in this document will be published subsequently
in FAA Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This action amends 14 CFR part 71 by establishing RNAV route T-369
in the vicinity of Bethel, AK, in support of a large and comprehensive
T-route modernization project for the state of Alaska. The new route is
described below.
    T-369: T-369 is a new RNAV route established between the Bethel, AK
(BET), VHF Omnidirectional Range/Tactical Air Navigation (VORTAC) and
the Nome, AK (OME), VHF Omnidirectional Range/Distance Measuring
Equipment (VOR/DME) navigational aids.
    The full route description of the new route is listed in the
amendment to part 71 set forth below.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this rule, when
promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this airspace action of establishing
RNAV route T-369 in the vicinity of Bethel, AK, qualifies for
categorical exclusion under the National Environmental Policy Act (42
U.S.C. 4321 et seq.) and its implementing regulations at 40 CFR part
1500, and in accordance with FAA Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 5-6.5a, which categorically excludes
from further environmental impact review rulemaking actions that
designate or modify classes of airspace areas, airways, routes, and
reporting points (see 14 CFR part 71, Designation of Class A, B, C, D,
and E Airspace Areas; Air Traffic Service Routes; and Reporting
Points), and paragraph 5-6.5i, which categorically excludes from
further environmental review the establishment of new or revised air
traffic control procedures conducted at 3,000 feet or more above ground
level (AGL); procedures conducted below 3,000 feet AGL that do not
cause traffic to be routinely routed over noise sensitive areas;
modifications to currently approved procedures conducted below 3,000
feet AGL that do not significantly increase noise over noise sensitive
areas; and increases in minimum altitudes and landing minima. As such,
this action is not expected to result in any potentially significant
environmental impacts. In accordance with FAA Order 1050.1F, paragraph
5-2 regarding Extraordinary Circumstances, the FAA has reviewed this
action for factors and circumstances in which a normally categorically
excluded action may have a significant environmental impact requiring
further analysis. Accordingly, the FAA has determined that no
extraordinary circumstances exist that warrant preparation of an
environmental assessment or environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 6011 United States Area Navigation Routes.

* * * * *

T-369 Bethel, AK (BET) to Nome, AK (OME) [New]

Bethel, AK (BET)                                VORTAC                         (Lat. 60[deg]47'05.41'' N, long. 161[deg]49'27.59'' W)
JOPES, AK                                       WP                             (Lat. 62[deg]03'33.30'' N, long. 163[deg]17'07.68'' W)
Nome, AK (OME)                                  VOR/DME                        (Lat. 64[deg]29'06.39'' N, long. 165[deg]15'11.43'' W)

* * * * *

    Issued in Washington, DC, on August 23, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-18429 Filed 8-26-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Rules and Regulations]
[Pages 2057-2059]
[FR Doc No: 2018-00550]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 16, 801, 803, 806, 810, 814, 820, 821, 822, and 830

[Docket No. FDA-2017-D-6841]

Unique Device Identification: Policy Regarding Compliance Dates
for Class I and Unclassified Devices; Immediately in Effect Guidance
for Industry and Food and Drug Administration Staff; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of the guidance for industry and FDA Staff entitled
``Unique Device Identification: Policy Regarding Compliance Dates for
Class I and Unclassified Devices; Immediately in Effect Guidance for
Industry and Food and Drug Administration Staff.'' This guidance
describes FDA's intention with respect to the enforcement of unique
device identification requirements for certain class I and unclassified
devices. FDA does not intend to enforce standard date formatting,
labeling, and Global Unique Device Identification Database (GUDID) data
submission requirements under Agency regulations for these devices
before September 24, 2020. In addition, FDA does not intend to enforce
direct mark requirements under an Agency regulation for these devices
before September 24, 2022. The policy described in this guidance does
not apply to implantable, life-supporting, or life-sustaining devices.
The guidance document is immediately in effect, but it remains subject
to comment in accordance with the Agency's good guidance practices.

DATES: The announcement of the guidance is published in the Federal
Register on January 16, 2018.

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-2017-D-6841 for ``Unique Device Identification: Policy Regarding
Compliance Dates for Class I and Unclassified Devices; Immediately in
Effect Guidance for Industry and Food and Drug Administration Staff.''
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.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    An electronic copy of the guidance document is available for
download from the internet. See the SUPPLEMENTARY INFORMATION section
for information on electronic access to the guidance. Submit written
requests for a single hard copy of the guidance document entitled
``Unique Device Identification: Policy Regarding Compliance Dates for
Class I and Unclassified Devices; Immediately in Effect Guidance for
Industry and Food and Drug Administration Staff'' to the Office of the
Center Director, Guidance and Policy Development, Center for Devices
and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, Rm. 5431, Silver Spring, MD 20993-0002; or
the Office of Communication, Outreach and Development, Center for
Biologics Evaluation and Research, 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 that office in
processing your request.

FOR FURTHER INFORMATION CONTACT: For Center for Devices and
Radiological Health-regulated devices: Loretta Chi, Unique Device
Identifier Regulatory Policy Support,<PHONE_NUMBER>, email:
[email protected]. For Center

for Biologics Evaluation and Research-regulated devices: Stephen
Ripley, Office of Communication, Outreach, and Development, Food and
Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301,
Silver Spring, MD 20993-0002,<PHONE_NUMBER>, or call 1-800-835-4709 or
240-402-8010.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance entitled ``Unique
Device Identification: Policy Regarding Compliance Dates for Class I
and Unclassified Devices; Immediately in Effect Guidance for Industry
and Food and Drug Administration Staff.'' In the September 24, 2013,
Federal Register (78 FR 58786), FDA published a final rule establishing
a unique device identification system designed to adequately identify
medical devices during their distribution and use (the UDI Rule). Under
Sec.  801.20 (21 CFR 801.20) a device is required to bear a unique
device identifier (UDI) on its label and packages unless an exception
or alternative applies. Special labeling requirements apply to stand-
alone software regulated as a device (Sec.  801.50 (21 CFR 801.50)).
Under Sec.  830.300 (21 CFR 830.300) data pertaining to the key
characteristics of each device required to bear a UDI must be submitted
to the GUDID. Devices that must bear UDIs on their labels and that are
intended to be used more than once and reprocessed between uses must be
directly marked with a UDI (Sec.  801.45 (21 CFR 801.45)). In addition,
Sec.  801.18 (21 CFR 801.18) requires certain dates on device labels to
be in a standard format.
    UDI requirements are being phased in over 7 years according to a
schedule of compliance dates established in the UDI Rule ranging from
September 24, 2014, to September 24, 2020. The compliance dates
established for class I and unclassified devices--other than
implantable, life-supporting, or life-sustaining (I/LS/LS) devices--are
September 24, 2018, for labeling, GUDID submission, and standard date
format requirements, and September 24, 2020, for direct mark
requirements.
    FDA does not intend to enforce standard date formatting, UDI
labeling, and GUDID data submission requirements under Sec. Sec.
801.18, 801.20, 801.50, and 830.300 for class I and unclassified
devices, other than I/LS/LS devices, before September 24, 2020. FDA
also does not intend to enforce direct mark requirements under Sec.
801.45 for these devices before September 24, 2022. This policy does
not apply to class I devices that FDA has by regulation exempted from
the good manufacturing practice requirements because such devices are
excepted from UDI requirements (see Sec.  801.30(a)(2) (21 CFR
801.30(a)(2))).
    In addition, finished class I and unclassified devices, other than
I/LS/LS devices, manufactured and labeled prior to September 24, 2018,
are excepted from UDI labeling requirements under Sec. Sec.  801.20 and
801.50, as well as from GUDID data submission requirements for a period
of 3 years after the established compliance date or until September 24,
2021. (See Sec. Sec.  801.30(a)(1) and 830.300(a).) We also do not
intend to enforce standard date format requirements under Sec.  801.18
during that same 3-year period for finished class I and unclassified
devices, other than I/LS/LS devices, manufactured and labeled before
September 24, 2018.
    Pursuant to Sec.  801.30(a)(1), finished class I and unclassified
devices, other than I/LS/LS devices, manufactured and labeled prior to
September 24, 2018, would also be excepted from direct marking
requirements until September 24, 2021. However, with the exception of
I/LS/LS devices, we do not intend to enforce direct mark requirements
before September 24, 2022, for class I and unclassified devices
(including those manufactured and labeled prior to September 24, 2018).
We believe this policy regarding direct mark compliance dates is
appropriate because it is not in the best interest of the public health
for labelers of class I and unclassified devices to prioritize
remediating devices in inventory to meet direct mark requirements prior
to addressing direct marking, and its impact on the safety and
effectiveness, for devices manufactured following labelers' full
implementation of UDI.
    Fully realizing the benefits of the unique device identification
system depends on UDI being integrated into data sources throughout our
health care system, including in the supply chain, electronic health
records, and registries. This requires UDI data to be of a high quality
such that all stakeholders in the health care community have sufficient
confidence in the accuracy and completeness of that data.
    To fully reap the public health benefits and a return on investment
of the unique device identification system, the Agency intends to focus
its resources on addressing existing implementation challenges and
optimizing the quality and utility of UDI data for higher-risk devices
before focusing on UDI implementation issues for lower-risk devices.
Undertaking this endeavor now will help ensure the transition from
development of the unique device identification system to widespread
use and sustainability.
    This guidance is being implemented without prior public comment
because the Agency has determined that prior public participation is
not feasible or appropriate (Sec.  10.115(g)(2) (21 CFR 10.115(g)(2))).
FDA has determined that this guidance document presents a less
burdensome policy that is consistent with public health. Although this
guidance is immediately in effect, FDA will consider all comments
received and revise the guidance document as appropriate.

II. Significance of Guidance

    This guidance is being issued consistent with FDA's good guidance
practices regulation (Sec.  10.115). The guidance represents the
current thinking of FDA on ``Unique Device Identification: Policy
Regarding Compliance Dates for Class I and Unclassified Devices;
Immediately in Effect Guidance for Industry and Food and Drug
Administration Staff.'' 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. This guidance is not subject to Executive Order 12866.

III. Electronic Access

    Persons interested in obtaining a copy of the guidance may do so by
downloading an electronic copy from the internet. A search capability
for all Center for Devices and Radiological Health guidance documents
is available at https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. A search
capability for all Center for Biologics Evaluation and Research
guidance documents is available at https://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/default.htm. This guidance document is also available at https://www.regulations.gov. Persons unable to download an electronic copy of
``Unique Device Identification: Policy Regarding Compliance Dates for
Class I and Unclassified Devices; Immediately in Effect Guidance for
Industry and Food and Drug Administration Staff'' may send an email
request to [email protected] to receive an electronic copy of
the document. Please use the document number 17029 to identify the
guidance you are requesting.

IV. 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. 3501-3520). The
collections of information in 21 CFR part 801 have been approved under
OMB control number 0910-0485 and the collections of information in 21
CFR part 830 have been approved under OMB control number 0910-0720.

    Dated: January 9, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-00550 Filed 1-12-18; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: August 8, 2008 (Volume 73, Number 154)]
[Rules and Regulations]
[Page 46192-46194]
[DOCID:fr08au08-4]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-0302]
RIN 1625-AA09

Drawbridge Operation Regulations; Smith Creek at Wilmington, NC

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the drawbridge operation
regulations of the S117-S133 Bridge, at mile 1.5, across Smith Creek at
Wilmington, NC. This action will allow that the draw need not be opened
for the passage of vessels.

DATES: This rule is effective September 8, 2008.

ADDRESSES: Comments and related materials received from the public, as

well as documents mentioned in this preamble as being available in the
docket, are part of docket USCG-2008-0302 and are available online at
http://www.regulations.gov. This material is also available for
inspection or copying at two locations: 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 and the Commander (dpb), Fifth Coast Guard District, Federal
Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-5004
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Gary S. Heyer, Bridge Management Specialist, Fifth Coast Guard
District, at<PHONE_NUMBER>. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On May 15, 2008, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations; Smith Creek at
Wilmington, NC'' in the Federal Register (73 FR 28069). We received no
comments on the published NPRM. No public meeting was requested, and
none was held.

Background and Purpose

    The North Carolina Department of Transportation (NCDOT) is
responsible for the operation of the S117-S133 Bridge, at mile 1.5,
across Smith Creek at Wilmington, NC. The existing operating regulation
is set out in 33 CFR 117.841 and requires the draw to open on signal if
at least 24 hour notice is given. In the closed-to-navigation position,
the S117-S133 Bridge has a vertical clearance of 12 feet, above mean
high water.
    From the 1930s to the 1970s, Smith Creek was the main waterway
route for commercial vessel traffic servicing lumber mills and
factories along the waterfront in Wilmington, NC. There are no longer
any commercial interests requiring access upstream. NCDOT has not
received a request to open the bridge in over 20 years for waterway
navigation, and it has been more than 35 years since the bridge was
actually manned by operators.
    Due to the lack of requests for vessel openings of the drawbridge
for the past 20 years, NCDOT requested to change the current operating
regulations that the draw need not be opened for the passage of
vessels.

Discussion of Comments and Changes

    The Coast Guard received no comments to the NPRM. Based on the
information provided, we will implement a final rule with no changes to
the NPRM.

Discussion of Rule

    The Coast Guard is amending 33 CFR 117.841, which governs the S117-
S133 Bridge by revising the paragraph to read that the draw need not be
opened for the passage of vessels.

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. We reached this conclusion based on the
fact that NCDOT has not received a request to open the bridge in over
20 years for waterway navigation.

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 not have a significant economic impact on a
substantial number of small entities because NCDOT has not received a
request to open the bridge in over 20 years for waterway navigation.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could 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 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 effect 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 would not create an
environmental risk to health or risk to safety that might
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 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.

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 Commandant Instruction M16475.1D
and Department of Homeland Security Management Directive 5100.1, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (32) (e) of the Instruction, from further environmental
documentation.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

0
2. Revise Sec.  117.841 to read as follows:

Sec.  117.841  Smith Creek.

    The draw of the S117-S133 Bridge, mile 1.5 at Wilmington, need not
open for the passage of vessels.

    Dated: July 30, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. E8-18351 Filed 8-7-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register: April 11, 2006 (Volume 71, Number 69)]
[Notices]
[Page 18308]
[DOCID:fr11ap06-74]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12460-001]

North Snake Groundwater District; Notice of Surrender of
Preliminary Permit

April 5, 2006.
    Take notice that North Snake Groundwater District, permittee for
the proposed North Snake Groundwater Project, has requested that its
preliminary permit be terminated. The permit was issued on January 23,
2004, and would have expired on December 31, 2006. \1\ The project
would have been located on the Curren Ditch River in Godding County,
Idaho.
---------------------------------------------------------------------------

    \1\ 106 FERC ] 62,055.
---------------------------------------------------------------------------

    The permittee filed the request on March 8, 2006, and the
preliminary permit for Project No. 12460 shall remain in effect through
the thirtieth day after issuance of this notice unless that day is a
Saturday, Sunday, part-day holiday that affects the Commission, or
legal holiday as described in section 18 CFR 385.2007, in which case
the effective date is the first business day following that day. New
applications involving this project site, to the extent provided for
under 18 CFR part 4, may be filed on the next business day.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-5304 Filed 4-10-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: July 23, 2007 (Volume 72, Number 140)]
[Notices]
[Page 40181]
[DOCID:fr23jy07-81]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Pub. L. 94-409, that the Securities and
Exchange Commission will hold the following meetings during the week of
July 23, 2007:
    Open Meetings will be held on Tuesday, July 24, 2007 at 10 a.m. and
Wednesday, July 25, 2007, at 10 a.m., in the Auditorium, Room L-002 and
Closed Meetings will be held on Tuesday, July 24, 2007 at 11 a.m. and
Thursday, July 26, 2007 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meetings.
Certain staff members who have an interest in the matters may also be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), (8), (9)(B), and (10) and 17 CFR
200.402(a)(3), (5), (7), (8), 9(ii) and (10), permit consideration of
the scheduled matters at the Closed Meetings.
    Chairman Cox, as duty officer, voted to consider the items listed
for the closed meetings in closed sessions.
    The subject matter of the Open Meeting scheduled for Tuesday, July
24, 2007 will be:
    The Commission will hear oral argument in an appeal by Gregory M.
Dearlove, CPA, from the decision of an administrative law judge. The
law judge found that the financial statements of Adelphia
Communications Corporation, a public company, for the period ending
December 31, 2000 violated generally accepted accounting principles in
several respects. The law judge also found that Dearlove, a certified
public accountant and former partner at Deloitte and Touche, LLP,
engaged in improper professional conduct under Commission Rule of
Practice 102(e) when he served as the engagement partner on Deloitte's
audit of Adelphia's 2000 financial statements. The law judge also found
that Dearlove caused Adelphia's violations of the reporting and
recordkeeping provisions of the Securities Exchange Act of 1934,
specifically, Exchange Act Section 13(a) and rules 13a-1 and 12b-20
thereunder, and Exchange Act Section 13(b)(2)(A). The law judge barred
Dearlove from appearing or practicing before the Commission in any
capacity.
    Among the issues likely to be argued are whether Dearlove's conduct
during the audit constituted improper professional conduct, whether
Dearlove caused Adelphia's violations of the Exchange Act and rules
thereunder, and whether there is merit to Dearlove's contention that he
was deprived of due process because he did not have adequate time to
prepare for the hearing before the law judge. The parties may also
address whether and to what extent Dearlove should be sanctioned if he
is found to have committed the alleged violations.
    The subject matter of the Closed Meeting scheduled for Tuesday,
July 24, 2007 will be:
    Post-argument discussion.
    The subject matter of the Open Meeting scheduled for Wednesday,
July 25, 2007 will be:
    1. The Commission will consider whether to approve the Public
Company Accounting Oversight Board's Auditing Standard No. 5, An Audit
of Internal Control Over Financial Reporting that is Integrated with an
Audit of Financial Statements, a Related Independence Rule 3525, and
Conforming Amendments.
    2. The Commission will consider whether to adopt rule amendments to
Exchange Act Rule 12b-2 and Rule 1-02 of Regulation S-X to define the
term ``significant deficiency.''
    3. The Commission will consider whether to publish a Concept
Release to solicit public comment on allowing U.S issuers, including
investment companies subject to the Investment Company Act of 1940, to
prepare financial statements in accordance with International Financial
Reporting Standards as published in English by the International
Accounting Standards Board for purposes of complying with the
Commission's rules and regulations.
    4. The Commission will consider whether to propose amendments to
the proxy rules under the Securities Exchange Act of 1934 for operating
and investment companies regarding shareholder proposals, disclosure
about shareholder proponents, shareholder communications, and related
matters.
    The subject matter of the Closed Meeting scheduled for Thursday,
July 26, 2007 will be:
    Formal orders of investigations;
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings of an
enforcement nature;
    Resolution of litigation claims;
    Amicus consideration;
    An adjudicatory matters; and
    Other matters related to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: July 18, 2007.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-14216 Filed 7-20-07; 8:45 am]

BILLING CODE 8010-01-P