[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Rules and Regulations]
[Page 45863]
[FR Doc No: 2013-18226]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0633]

Drawbridge Operation Regulation; Atlantic Intracoastal Waterway
(AICW), Elizabeth River, Southern Branch, Chesapeake and Portsmouth, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the operation of the Belt Line Railroad
Bridge, across the Elizabeth River Southern Branch, AICW, mile 2.6, at
Chesapeake and Portsmouth, VA. This deviation is necessary to
facilitate mechanical and electrical upgrades on the Belt Line Railroad
drawbridge. This temporary deviation allows the drawbridge to remain in
the closed to navigation position.

DATES: This deviation is effective from 1 p.m. on August 12, 2013 to 7
p.m. on August 15, 2013.

ADDRESSES: The docket for this deviation, [USCG-2013-0633] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Jim Rousseau, Bridge
Administration Branch Fifth District, Coast Guard; telephone (757) 398-
6557, email<EMAIL_ADDRESS>If you have questions on
reviewing the docket, call Barbara Hairston, Program Manager, Docket
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Norfolk and Portsmouth Belt Line
Railroad Company, who owns and operates this drawbridge, has requested
a temporary deviation from the current operating regulations set out in
33 CFR 117.997(a) to facilitate replacement and update of the motor and
drive system located in the bridge house.
    Under the regular operating schedule, the Belt Line Railroad Bridge
across the Elizabeth River Southern Branch, AICW mile 2.6, between
Portsmouth and Chesapeake, VA, the draw normally is open and only
closes for train crossings or periodic maintenance. The Belt Line
Railroad Bridge has a vertical clearance in the closed to vessels
position of 6 feet above mean high water.
    Under this temporary deviation, the drawbridge will be maintained
in the closed to navigation position, from 1 p.m. to 7 p.m., on Monday
August 12, 2013 and each day from 8 a.m. to 7 p.m., on Tuesday,
Wednesday, and Thursday, August 13, 14, and 15, 2013, respectively. The
bridge will operate under its normal operating schedule at all other
times. The bridge normally is maintained in the open to navigation
position with several vessels transiting a week and only closes when
trains transit. The Elizabeth River Southern Branch is used by a
variety of vessels including military, tugs, commercial, and
recreational vessels. The Coast Guard has carefully coordinated the
restrictions with these waterway users.
    Vessels able to pass under the bridge in the closed position may do
so at anytime and are advised to proceed with caution. The bridge will
be able to open for emergencies with a one hour advanced notification
on marine channel 13 or calling<PHONE_NUMBER> or<PHONE_NUMBER>. There is
no immediate alternate route for vessels transiting this section of the
Elizabeth River but vessels may pass before and after the closure each
day. The Coast Guard will also inform additional waterway users through
our Local and Broadcast Notices to Mariners of the closure periods for
the bridge so that vessels can arrange their transits to minimize any
impacts caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period.
    This deviation from the operating regulations is authorized under
33 CFR 117.35.

    Dated: July 18, 2013.
Waverly W. Gregory, Jr.,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2013-18226 Filed 7-29-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 86 (Wednesday, May 4, 2011)]
[Notices]
[Page 25331]
[FR Doc No: 2011-10838]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP11-208-000]

Williston Basin Interstate Pipeline Company; Notice of Request
Under Blanket Authorization

    Take notice that on April 15, 2011, Williston Basin Interstate
Pipeline Company (Williston Basin) filed a prior notice request
pursuant to section 157.210 of the Federal Energy Regulatory
Commission's regulations under the Natural Gas Act and Williston
Basin's blanket certificate issued in Docket No. CP82-487-000, et
al.,\1\ for the construction and operation of mainline natural gas
compression facilities located at the Charbonneau Compressor Station in
McKenzie County, North Dakota. Specifically, Williston Basin proposes
to install one new natural gas fired 2,370 horsepower compressor unit
and appurtenant facilities. Williston Basin states that the estimated
cost to construct the facilities is approximately $3,030,000, all as
more fully set forth in the application, which is open to the public
for inspection. The filing may also be viewed on the Web at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket number
excluding the last three digits in the docket number field to access
the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
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    \1\ By the Commission's Order dated February 13, 1985 in Docket
Nos. CP82-487-000, et al. (30 FERC ] 61,143), Williston Basin was
authorized to acquire and operate the interstate pipeline facilities
previously owned and operated by MDU Resources Group, Inc. (MDU),
its parent company, as well as to provide the certificated service
previously provided by MDU, effective January 1, 1985. MDU was
originally granted blanket certificate authority in Docket Nos.
CP83-1-000, et al.
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    Any questions regarding this prior notice should be directed to
Keith A. Tiggelaar, Director of Regulatory Affairs, Williston Basin
Interstate Pipeline Company, 1250 West Century Avenue, Bismarck, North
Dakota 58503, or telephone no.<PHONE_NUMBER>, or by e-mail
<EMAIL_ADDRESS>    Any person may, within 60 days after the issuance of the instant
notice by the Commission, file pursuant to Rule 214 of the Commission's
Procedural Rules (18 CFR 385.214) a motion to intervene or notice of
intervention. Any person filing to intervene or the Commission's staff
may, pursuant to section 157.205 of the Commission's Regulations under
the NGA (18 CFR 157.205) file a protest to the request. If no protest
is filed within the time allowed therefore, the proposed activity shall
be deemed to be authorized effective the day after the time allowed for
protest. If a protest is filed and not withdrawn within 30 days after
the time allowed for filing a protest, the instant request shall be
treated as an application for authorization pursuant to section 7 of
the NGA.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with he Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commentary will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the Internet in lieu of paper. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-Filing'' link. Persons unable
to file electronically should submit an original and 14 copies of the
protest or intervention to the Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC 20426.
    Comment Date: May 19, 2011.

    Dated: April 28, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-10838 Filed 5-3-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 40 (Friday, February 28, 2014)]
[Notices]
[Pages 11494-11495]
[FR Doc No: 2014-04388]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71605; File No. SR-NSCC-2014-01]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Modify its Fee Schedule

February 24, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 12, 2014 the National Securities Clearing Corporation
(``NSCC'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by NSCC. NSCC filed the
proposed rule change pursuant to Section 19(b)(3)(A)(ii) \3\ of the Act
and Rule 19b-4(f)(2) \4\ thereunder; the proposed rule change was
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The proposed rule change consists of amendments to the Rules &
Procedures (``Rules'') of NSCC to modify its fee schedule, as more
fully described below.

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

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

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

(i) Proposed Rule Change
    The purpose of the proposed rule change is to revise NSCC's fee
schedule (as listed in Addendum A of the Rules) in order to implement a
fee for a new service being added to NSCC's Obligation Warehouse
(``OW''). The new service, which will be implemented in March 2014,
will pair off and close certain open, pending obligations, reducing the
number of open obligations in OW (``OW Pair Off service'').\5\ NSCC is
proposing to revise Addendum A of the Rules in order to include a fee
for this new service, as shown on Exhibit 5 hereto.
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    \5\ See Release No. 34-71251 (January 7, 2014), 79 FR 8 (January
7, 2014).
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Implementation Timeframe
    The proposed rules change will be implemented on a date announced
by an NSCC Important Notice, to coincide with the effective date of the
OW Pair Off service.
Proposed Rule Changes
    NSCC proposes to amend Addendum A as marked on Exhibit 5 hereto. No
other changes to the Rules are contemplated by this proposed rule
change.
(ii) Statutory Basis
    The proposed rule change will align NSCC's fees with the costs of
delivering the OW Pair Off service, and will be applied equitably to
the NSCC members that use that service. Therefore, NSCC believes the
proposed rule change is consistent with the requirements of the Act and
the rules and regulations thereunder applicable to NSCC, in particular
Section 17A(b)(3)(D) of the Act,\6\ which requires that NSCC's Rules
provide for the equitable allocation of reasonable dues, fees, and
other charges among its participants.
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    \6\ 5 U.S.C. 78q-1(b)(3)(D).
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(B) Clearing Agency's Statement on Burden on Competition

    NSCC does not believe that the proposed rule change will have any
impact, or impose any burden, on competition. As stated above, the
proposed change will be applied equitably to the NSCC members that use
the OW Pair Off service, and will not disproportionally impact any NSCC
members.

(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 yet
been solicited or received. NSCC will notify the Commission of any
written comments received by NSCC.

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

    The forgoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \7\ and Rule 19b-4(f)(2) \8\ thereunder. 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.
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    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \8\ 17 CFR 240.19b-4(f)(2).
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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 No. SR-NSCC-2014-01 on the subject line.

Paper Comments

     Send in triplicate to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission, 100 F Street NE., Washington, DC
20549-1090.

All submissions should refer to File No. SR-NSCC-2014-01. 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 NSCC and on its
Web site (http://www.dtcc.com).
    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 No. SR-NSCC-2014-01 and
should be submitted on or before March 21, 2014.
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    \9\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-04388 Filed 2-27-14; 8:45 am]
BILLING CODE 8011-01-P


STATE INFRASTRUCTURE FINANCING AUTHORITY WATER APPLICANTS APPLICATION INSTRUCTIONS

The U.S. Environmental Protection Agency (EPA) will invite selected applicants to submit an application for Water Infrastructure Finance and Innovation Act (WIFIA) loans. This application form must be used by State Infrastructure Financing Authority (SIFIA) applicants selected to apply for loans in either the base WIFIA program or the State Revolving Fund (SRF) WIFIA (SWIFIA) program. Unsolicited applications will not be considered. Following selection, each selected applicant will be assigned a transaction team led by an underwriter. The transaction team can answer the applicant's questions regarding the application form, its attachments, and the project review, negotiation, and closing processes. Note: the SWIFIA Application is subject to change pending issuance of the associated regulation and may need to be updated consistent with the Paperwork Reduction Act.
The applicant should answer all questions in this form. It may indicate if a requirement is not applicable to its project. Narrative answers can reference source documents by including the name of the document and relevant pages or sections and providing any referenced documents as attachments. The applicant must sign the Certification in the appropriate space and submit a scanned version of the signature pages to EPA. If the applicant anticipates a delay in one or more source documents, it should discuss the situation with its transaction team and may indicate the anticipated date of submitting that document in the application. Additionally, the applicant is required to notify and submit to EPA any updated application materials that become available during the review period.

Resources regarding SWIFIA program eligibility; completing a letter of interest and application; how loans are selected and closed; as well as post-close expectations are available in the WIFIA program handbook. It is highly recommended to use this document as a companion when developing your letter of interest. For general information about SWIFIA and WIFIA, consult the WIFIA website (www.epa.gov/wifia). Additional information specific to the current project selection round can be found in the NOFA, and questions may be submitted to the WIFIA program office at<EMAIL_ADDRESS>

The applicant may assert a Confidential Business Information (CBI) claim covering part or all of the information submitted to EPA as part of its letter of interest, in a manner consistent with 40 C.F.R. 2.203, 41 Fed. Reg. 36902 (Sept. 1, 1976), by placing on (or attaching to) the information a cover sheet, stamped or typed legend, or other suitable form of notice employing language such as trade secret, proprietary, or company confidential. The applicant should also state whether it desires confidential treatment until a certain date or until the occurrence of a certain event.  Information covered by a business confidentiality claim will be disclosed by EPA only to the extent and only by means of the procedures set forth under 40 C.F.R. Part 2, Subpart B.  Information that is not accompanied by a business confidentiality claim when it is received by EPA may be made available to the public by EPA without further notice to the applicant. More information about CBI is available in the WIFIA program handbook and frequently asked questions (FAQ) available at http://www.epa.gov/wifia.
The applicant must submit a non-refundable application fee. The application fee for a State Infrastructure Financing Authority is $100,000. For further information regarding the application fee, as well as the credit processing fee which will be charged at loan closing, and any other applicable fees, please see the WIFIA fee rule.
_____________________________________________________________________________________

Application Submission
The final application submission must include:
 Completed application form;
 All attachments requested and referenced in the letter of interest form; and
 The application fee.
The applicant should reference Section C, Supporting Documents, to ensure all needed information is provided in the application submission. Upon receipt of the application fee and materials, EPA will provide a confirmation email.
Application Form and Attachment Submittal: When finished, the application form and attachments must be uploaded to EPA's SharePoint site.  To be granted access to the WIFIA SharePoint site, the applicant may email its assigned underwriter with the names and emails of all staff that need SharePoint access.
Application Fee Submittal: The applicant should use of Pay.gov to make electronic payments to EPA. In Pay.gov, the applicant can track its payments to EPA and schedule recurring or automatic payments. Although it is not mandatory to register for a user id to access and use Pay.Gov, registration is recommended to have access to all Pay.gov system functionality. To use Pay.gov, follow these instructions:
 Access the Pay.gov system by going to https://www.pay.gov and search for WIFIA or click on the following hyperlink to directly launch the WIFIA Loan Collection & Fees Form.
 Provide the following information on your payment to ensure proper credit:
 Remitter's contact phone number
 Company/Organization Name as it appears on EPA document
 Complete address, including city, state, zip code
 Project Name
 Loan Number: this is the EPA WIFIA Loan number, NOT the remitter's number
 From the "Payment Type" drop down menu select "Application Fee (Fee01)"
 Other Description: please enter your EPA WIFIA Loan number followed by -FEE01, for example 16123DC-FEE01
 Follow the remaining on‐screen instructions to successfully process the payment to EPA.
 Send an email to<EMAIL_ADDRESS>and<EMAIL_ADDRESS>informing that a payment has been made.

The application fee may also be paid via FEDWIRE; for questions about payments, email to<EMAIL_ADDRESS>and<EMAIL_ADDRESS>For detailed payment instructions, contact the WIFIA program.
_____________________________________________________________________________________

Burden

The public reporting and recordkeeping burden for this collection of information is estimated to average 100 hours per response.  Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Regulatory Support Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address.
_____________________________________________________________________________________

Warning

Falsification or misrepresentation of information or failure to file or report information required to be reported may be the basis for denial of financial assistance by the Environmental Protection Agency. Knowing and willful falsification of information required to be submitted and false statements to a Federal Agency may also subject you to criminal prosecution.  See, for example, 18 U.S.C. §1001.
_____________________________________________________________________________________
Additional information is available at https://epa.gov/wifia and by contacting<EMAIL_ADDRESS>
APPLICATION FORM FOR STATE INFRASTRUCTURE FINANCING AUTHORITIES
Provide the following information in this form. Responses can reference source documents (include the name of the document and relevant pages or sections). Provide all referenced documents as attachments.

Section A: Loan and Applicant Information

    Legal name of the applicant:

   Click or tap here to enter text.

    Other names under which the applicant does business:

   Click or tap here to enter text.
    Business street address:

   Click or tap here to enter text.

    Program website:

   Click or tap here to enter text.

    Employer/taxpayer identification number (EIN/TIN):

    Click or tap here to enter text.

    Unique Entity ID from SAM.gov:

    Click or tap here to enter text.

    Requested amount of the WIFIA/SWIFIA loan (in dollars) (cannot exceed 49% of question A-8):

   Click or tap here to enter text.

    Estimated total costs of the SRF loans that are included in the WIFIA/SWIFIA Project (as defined on page 12) (in dollars):

   Click or tap here to enter text.

    Describe quantitative or qualitative benefits (e.g., additional communities reached, cost savings, environmental and public health benefits, economic benefits) that will be achieved by the SRF program with the WIFIA/SWIFIA loan. (Word limit: 200).

Click or tap here to enter text.

    Indicate the number small communities (population 25,000 or less) and communities that are considered disadvantaged or meet the state's affordability criteria that will benefit from the WIFIA/SWIFIA loan. Describe the quantitative or qualitative benefits to those communities.

    Describe the applicant's legal structure. Include a copy of the statutory authority under which the entity was created as an attachment, if applicable. If this information is included in the program's Operating Agreements with EPA regional office for Clean Water SRF (CWSRF) and/or Drinking Water SRF (DWSRF) (as applicable), note the relevant pages or section.

Click or tap here to enter text.

    Describe the legal authority of the applicant to carry out proposed activities described in this application, including, issuing debt, charging fees, and/or receiving dedicated funding from another entity. Provide documentation as an attachment, if applicable.

Click or tap here to enter text.

    Identify what governmental entities (other than the applicant) approved the submission of this application and must approve incurrence of WIFIA/SWIFIA debt. Explain the approval process and timeline.

Click or tap here to enter text.

     Disclose any current, threatened, or pending litigation involving the applicant.

Click or tap here to enter text.

Section B: Financing Plan

 Indicate the requested loan structure (select only one):
   ☐ OPTION 1: EPA adopts SRF program's existing indenture (subject to compliance with federal requirements and WIFIA/SWIFIA policies)
   ☐ OPTION 2: SRF program accepts EPA's standard terms
   ☐ OPTION 3: Negotiated terms (if invited to apply under the WIFIA base program only) NOTE  -  Respond to both 2 and 3 below if selected

 For OPTIONS 1 and 3, answer the following questions:

 Will the WIFIA/SWIFIA loan be at parity with all SRF outstanding senior debt obligations?

         Click or tap here to enter text.

 What is the requirement of the additional bonds test in your existing indenture for your program?

         Click or tap here to enter text.
 Is all the debt in your existing indenture at parity?

         Click or tap here to enter text.

 Does your indenture require a debt service reserve?

 Please describe the security and collateral structure for your outstanding debt

         Click or tap here to enter text.

 For OPTIONS 2 and 3, answer the following questions:

          Does the SRF program have an existing indenture or plans to develop one in the future?

         Click or tap here to enter text.

          Does the SRF program have existing debt? If yes, explain.

          Please describe the security and collateral structure for your outstanding debt

         Click or tap here to enter text.

 Describe the additional bonds test for SRF borrowers or other controls that the state utilizes to manage risk?

 Click or tap here to enter text.

    Complete the following sources and uses of funds table, including the proposed WIFIA/SWIFIA assistance. Note:  Total sources and uses should be equal to one another and equal the estimated total costs of the SRF loans that are included in WIFIA/SWIFIA Project (Question A-8). All estimates should be expressed in year-of-expenditure dollars.

Sources Category
Estimated Dollar Value
1. WIFIA/SWIFIA Loan
Click or tap here to enter text.
2. Revenue Bonds
Click or tap here to enter text.
3. Program Equity
Click or tap here to enter text.
4. Federal Grant
Click or tap here to enter text.
5. Other (please specify) Click or tap here to enter text.
Click or tap here to enter text.
TOTAL SOURCES
Click or tap here to enter text.
TOTAL USES
Click or tap here to enter text.

 Identify the following proposed terms for the requested WIFIA/SWIFIA credit assistance:

 Origination date: Click or tap here to enter text.
 Final maturity date: Click or tap here to enter text.
 Timing of disbursements (first and final disbursement dates): Click or tap here to enter text.
 Pledged security: Click or tap here to enter text.
 Repayment sources: Click or tap here to enter text.
 Amortization schedule: Click or tap here to enter text.
 Lien position (OPTION 3) (select only one)
              ☐ Senior Lien
              ☐ Subordinate Lien: All project debt has the same priority as the WIFIA loan
              ☐ Subordinate Lien: Not all project debt has the same priority of the WIFIA loan. A springing lien (where EPA spring to a senior lien) will be used in a bankruptcy related event.

 Provide the default tolerance for the proposed WIFIA/SWIFIA loan.
   Click or tap here to enter text.
 Describe the overall SRF loan portfolio size and applicant outstanding loan debt concentration.
   Click or tap here to enter text.
Section C: Supporting Documents
Provide the most recent versions of the following documents as attachments. The document is required unless otherwise noted:
 Attachment 1: Intended Use Plan (if updated since Letter of Interest submission)
 Attachment 2: Operating agreement (if updated since Letter of Interest submission)
 Attachment 3: Documentation of SRF program's priority setting system (if updated since Letter of Interest submission)
 Attachment 4: SRF Annual Report to EPA Region
 Attachments 5-7: Audited program financials for the previous 3 years
 Attachment 8: Standard SRF loan agreement
 Attachment 9:  The underwriting criteria that will be applied to the loans pledged to the WIFIA/ SWIFIA loan
 Attachment 10:  Projected Revenue Certificate, which includes pledged loan repayments, annual debt service, and debt service coverage for all outstanding debt until maturity (for applicants with existing debt) OR the projected revenue from loan repayments for the life of the SRF loan (for applicants with no debt)
 Attachment 11: Procedures for reviewing project's Preliminary Engineering Report (PER)
 Attachment 12: Procedures for construction monitoring
 Attachment 13: Procedures for the conducting the state environmental review
 Attachment 14: Completed Programmatic Environmental Assessment Questionnaire for WIFIA Credit Assistance SRF Programs (available at https://www.epa.gov/wifia/wifia-programmatic-environmental-assessment-questionnaires)
 Attachment 15: Bond Indenture (if applying for OPTION 1)
 Attachment 16: Most recent Official Statement (if applying for OPTION 1 or OPTION 3)
 Attachment 17: A preliminary rating letter from a Nationally Recognized Statistical Rating Organization, describing the applicant's ability to obtain an investment grade rating
 Attachment 18: Project List. Provide an Excel spreadsheet with a row for each SRF loan that are included in WIFIA/SWIFIA Project (Question A-8) and the following columns:
 SRF Loan Identifier
 SRF Assistance Recipient (Borrower)
 Indication of Drinking Water or Clean Water SRF Loan
 Project Name
 Brief Project Description (1-2 sentences)
 City
 County
 Population
 Loan Amount
 Loan Term (years)
 Status of State Environmental Review
 Finding of State Environmental Review
 Construction Start Date
 Construction End Date
 SRF Loan Submittal Date
 Estimated SRF Loan Closing Date
 Type of Security Pledge
 SRF Borrower Rating (if known)

CERTIFICATIONS

 National Environmental Policy Act:  The undersigned acknowledges that EPA will not approve a loan until a final agency determination, such as a Categorical Exclusion (CATEX), Finding of No Significant Impact (FONSI), or a Record of Decision (ROD), has been issued.
 American Iron and Steel:  The applicant acknowledges that any project receiving credit assistance under this program for the construction, alteration, maintenance, or repair of a project may only use iron and steel products produced in the United States and must comply with all applicable guidance.
 Prevailing Wages:  The applicant acknowledges that all laborers and mechanics employed by contractors or subcontractors on projects receiving credit assistance under this program shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the immediate locality, as determined by the Secretary of Labor, in accordance with sections 3141-3144, 3146, and 3147 of Title 40 (Davis-Bacon wage rules).
 Buy America Preference: The prospective borrower acknowledges that any project receiving credit assistance under this program for the construction, alteration, maintenance, or repair of a project may only use domestic iron/steel, manufactured produces and construction materials produced or manufactured in the United States and must comply with all applicable guidance.
  National Historic Preservation Act: The applicant acknowledges that any project receiving credit assistance under this program must comply with all provisions of the National Historic Preservation Act as amended (54 U.S.C. § 300101 et seq.: Historic Preservation).
 Endangered Species Act:  The applicant acknowledges that any project receiving credit assistance under this program must comply with all provisions of the Endangered Species Act (16 U.S.C. §§ 1531, et seq.).
 Credit Ratings:  This applicant has received a preliminary rating opinion letter(s) on the project's senior debt instrument (which may be the WIFIA credit assistance), from one or more rating agencies, indicating the potential to achieve an investment-grade rating. These letters or ratings are attached.
 Credit Processing Fees:  The undersigned certifies that it will reimburse EPA for any and all fees and expenses incurred by EPA (including legal, financial and other consultant fees and expenses) in connection with the evaluation of the application materials, and the preparation, negotiation, and closing of the credit agreement and related documents, irrespective of whether the credit agreement is executed.
 Lobbying:  Section 1352 of Title 31, United States Code provides that none of the funds appropriated by any Act of Congress may be expended by a recipient of a contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, or an employee of a Member of Congress in connection with the award or making of a Federal contract, grant, loan, or cooperative agreement or the modification thereof. EPA interprets this provision to include the use of appropriated funds to influence or attempt to influence the selection for assistance under the WIFIA/SWIFIA program.
WIFIA/SWIFIA applicants must file a declaration: (a) with the submission of an application for WIFIA/SWIFIA credit assistance; (b) upon receipt of WIFIA/SWIFIA credit assistance (unless the information contained in the declaration accompanying the WIFIA/SWIFIA application has not materially changed); and (c) at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any declaration previously filed in connection with the WIFIA/SWIFIA credit assistance.
The undersigned certifies, to the best of his or her knowledge and belief, that:
 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
 The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
         This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
 Debarment: The undersigned further certifies that the applicant has fully complied with its verification obligations under 2 C.F.R. Part 180 and confirms that, to its knowledge, neither applicant nor any of its principals (as defined in 2 C.F.R. Part 180.995 and Part 1532.995)
 is debarred, suspended or voluntarily excluded from participating in any Federal programs, Government contracts, procurement or non-procurement matters;
 is present indicted for or otherwise criminally or civilly charged by a governmental authority with commission of any of the offenses listed in the Regulations Governing Debarment and Suspension (Governmentwide Nonprocurement Debarment and Suspension Regulations: 2 C.F.R. Part 180 and Part 1532); or
 has, within the three (3) year period preceding the date of the application,
 has been convicted for or had a civil judgment rendered against the applicant for any of the above-mentioned offenses within such period or
 had any public transactions (Federal, state, or local) terminated for cause or default.
 Default/Delinquency:  The undersigned further certifies that neither it nor any of its subsidiaries or affiliates are currently in default or delinquent on any debt or loans provided or guaranteed by the Federal Government.
 Other Federal Requirements:  The applicant acknowledges that it must comply with all other federal statutes and regulations, as applicable.  A non-exhaustive list of federal cross-cutting statutes and regulations can be found at: www.epa.gov/wifia.
 Name:
Title:
Organization:
Street Address:
City/State/Zip:
Phone:
E-mail:

Name:
Title:
Organization:
Street Address:
City/State/Zip:
Phone:
E-mail:

Signature:  By submitting this application, the undersigned certifies that the facts stated and the certifications and representations made in this application are true, to the best of the applicant's knowledge and belief after due inquiry, and that the applicant has not omitted any material facts. The undersigned is an authorized representative of the applicant.

Signature:  _________________________________________________________________________

Date Signed: ________________________________________________________________________


[Federal Register Volume 80, Number 29 (Thursday, February 12, 2015)]
[Rules and Regulations]
[Pages 7801-7802]
[FR Doc No: 2015-02970]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0064]

Drawbridge Operation Regulation; Isle of Wight, Ocean City, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
regulations governing the operation of the Route 50 Bridge, over Isle
of Wight (Sinepuxent) Bay, mile 0.5 at Ocean City, MD. The deviation is
necessary to accommodate the 10th annual ``Island 2 Island'' Half
Marathon. This deviation allows the Harry Kelly Bridge to remain in the
closed position for the duration of the event.

DATES: This deviation is effective 8 a.m. on May 2, 2015, to 10:30 a.m.
on May 2, 2015.

ADDRESSES: The docket for this deviation [USCG-2015-0064] is available
at http://www.regulations.gov. Type the docket number in the ``Search''
box and click ``Search.'' Click on the Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140, on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Kashanda Booker, Bridge Management
Specialist, Fifth Coast Guard District, telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>If you have questions on reviewing
the docket, call Cheryl Collins, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The OC Tri Running Sports, on behalf of
Maryland Transportation Authority, has requested a temporary deviation
from the current operating regulations of the Route 50 Bridge across
Isle Wight (Sinepuxent) Bay mile 0.5, at Ocean City, MD. The event
brings in over 4,000 runners and 6,000 spectators. OC Tri Sports is
changing the course location to accommodate the request of the
community.

    The closure has been requested to ensure the safety of the
increased volumes of runners and spectators that will be participating
in the Half Marathon on May 2, 2015. Under this temporary deviation,
the Route 50 Bridge will remain in the closed position from 8 a.m.
through 10:30 a.m. Vessels that can pass under the bridge without a
bridge opening may do so at all times. The vertical clearance in the
closed position is 13 feet above mean high water. The bridge will not
be able to open in case of an emergency.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: February 4, 2015.
James L. Rousseau,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2015-02970 Filed 2-11-15; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 170 (Friday, September 2, 2022)]
[Notices]
[Page 54230]
[FR Doc No: 2022-19036]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4654-DR; Docket ID FEMA-2022-0001]

Kansas; Amendment No. 1 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Kansas (FEMA-4654-DR), dated May 25, 2022, and related
determinations.

DATES: This change occurred on August 4, 2022.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Andrew P.
Meyer, of FEMA is appointed to act as the Federal Coordinating Officer
for this disaster.
    This action terminates the appointment of DuWayne Tewes as Federal
Coordinating Officer for this disaster.

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

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-19036 Filed 9-1-22; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 86, Number 238 (Wednesday, December 15, 2021)]
[Proposed Rules]
[Pages 71213-71214]
[FR Doc No: 2021-27101]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2021-0482; FRL-9223-02-R3]

Air Plan Approval; Pennsylvania; Revision of the Maximum
Allowable Sulfur Content Limit for Number 2 and Lighter Commercial Fuel
Oil

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
Commonwealth of Pennsylvania. This revision pertains to the reduction
of the maximum allowable sulfur content limit for Number 2 (No. 2) and
lighter commercial fuel oil, generally sold and used for residential
and commercial furnaces and oil heat burners for home or space heating,
water heating or both, from the current limit of 500 parts per million
(ppm) to 15 ppm. This action is being taken under the Clean Air Act
(CAA).

DATES: Written comments must be received on or before January 14, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2021-0482 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, 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. 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 the person
identified in the For Further Information Contact section. 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.

FOR FURTHER INFORMATION CONTACT: Mallory Moser, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is<PHONE_NUMBER>.
Ms. Moser can also be reached via electronic mail at
[email protected].

SUPPLEMENTARY INFORMATION: On September 4, 2020, the Pennsylvania
Department of Environmental Protection (PADEP) submitted a revision to
its SIP to reduce the SIP-approved maximum allowable sulfur content
limit for No. 2 and lighter commercial fuel oil, generally sold for and
used in residential and commercial furnaces and oil heat burners for
home or space heating, water heating, or both, in the Pennsylvania from
a limit of 500 ppm of sulfur to 15 ppm. The proposed SIP revision
continues to allow for the limited sale of higher sulfur fuel under
certain specified circumstances, as provided for under the current SIP.

I. Background

    The revision consists of an amendment to the Pennsylvania SIP to
incorporate a reduction in the SIP-approved maximum allowable sulfur
content limit for No. 2 and lighter commercial fuel oil in the
Commonwealth from a limit of 500 ppm of sulfur to 15 ppm.\1\
---------------------------------------------------------------------------

    \1\ On July 10, 2014, EPA approved a SIP revision incorporating
the maximum allowable sulfur content of No. 2 and lighter fuel oil
at 500 ppm (79 FR 39330).
---------------------------------------------------------------------------

    Combustion of sulfur-containing commercial fuel oil releases sulfur
dioxide (SO2) emissions, which contribute to the formation
of regional haze and fine particulate matter (PM2.5), both
of which impact the environment and human health. Regional haze is
pollution produced by sources and activities that emit fine particles
and their precursors which impairs visibility through scattering and
absorption of light. Fine particles may be emitted directly or formed
from emissions of precursors, the most important of which includes
SO2. PM2.5 particle pollution exposure has been
linked to a variety of health problems. In addition to improving public
health and the environment, decreased emissions of SO2, and
therefore subsequently PM2.5, will contribute to the
attainment or maintenance, or both, of their respective national
ambient air quality standards (NAAQS).
    Pennsylvania is a member of the Mid-Atlantic/Northeast Visibility
Union (MANE-VU) Regional Planning Office (RPO), established in 2001, to
assist the Mid-Atlantic and Northeast states in planning and developing
their regional haze SIP revisions. The other MANE-VU states are
Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire,
New Jersey, New York, Rhode Island and Vermont. The District of
Columbia, certain Native American tribes in the Region, the EPA, the
United States Fish and Wildlife Service, and the United States Forest
Service are also members of MANE-VU. PADEP revised 25 Pennsylvania.
Code 123.22 and is submitting it to EPA as a SIP revision in response
to a 2017 ``MANE-VU Ask'' to pursue adoption of a maximum allowable
sulfur content limit of 15 ppm for No. 2 and lighter commercial fuel
oil statewide for purposes of reducing regional haze and visibility
impairment in Pennsylvania and affected Federal Class I areas.\2\
---------------------------------------------------------------------------

    \2\ Areas statutorily designated as mandatory Class I Federal
areas consist of national parks exceeding 6,000 acres, wilderness
areas and national memorial parks exceeding 5,000 acres, and all
international parks that were in existence on August 7, 1977. 42
U.S.C. 7472(a). There are 156 mandatory Class I areas. The list of
areas to which the requirements of the visibility protection program
apply is in 40 CFR part 81, subpart D.
---------------------------------------------------------------------------

II. Summary of SIP Revision and EPA Analysis

    Through the September 2020 SIP revision submittal, Pennsylvania
seeks to revise its SIP by including amendments to 25 Pa. Code Chapter
123 Sec.  22 which set the maximum allowable sulfur content limit for
various fuel types. The amendments to 25 Pa. Code Chapter 123.22,
reduce the SIP-approved maximum allowable sulfur content limit for No.
2 and lighter commercial fuel oil, generally sold for and used in
residential and commercial furnaces and oil heat burners for home or
space heating, water heating, or both, from a limit of 500 ppm of
sulfur to 15 ppm. These amendments to 25 Pa. 123.22, became effective
on September 1, 2020.
    In addition to establishing a lower maximum allowable sulfur
content limit for No. 2 fuel oil, the PADEP regulation provides for the
continued use of fuel at the previous, higher level of 500 ppm sulfur
under limited conditions. In order for fuel at the older, higher levels
to be used it must be commercial fuel that was stored in Pennsylvania
by the ultimate consumer prior to September 1, 2020, which met the
applicable maximum allowable sulfur content through August 31, 2020 at
the time it

was stored. Additionally, the amendments remove the phrase ``Beginning
July 1, 2016'' from 25 Pa. Code 123.22(a)(2)(iii), which is the section
that allows for the temporary suspension of the sulfur limit in fuel
oil under specific circumstances. This regulation will therefore allow
for the continued temporary sale of fuel with higher sulfur levels in
accordance with the provisions approved by EPA in the current
Pennsylvania SIP. Because the substance of the current approved SIP
will not be changed with respect to these temporary suspension
provisions, EPA is only taking comment on PADEP's revision that deletes
the phrase ``Beginning July 1, 2016'' with respect to these provisions.
    This proposed SIP revision to implement low sulfur fuel oil
provisions is expected to reduce regional haze and visibility
impairment in Pennsylvania. Additionally, decreased emissions of
SO2 will contribute to the attainment, maintenance, or both,
of the SO2 and PM2.5 NAAQS in Pennsylvania and
the MANE-VU region.

III. Proposed Action

    EPA has determined that Pennsylvania's proposed SIP revisions to 40
CFR 52.2020(c)(1), which incorporate amendments made to 25 Pa. Code
Chapter 123.22 will lower the maximum allowable sulfur content limit in
No. 2 fuel oil and lighter combusted or sold in Pennsylvania and aid in
reducing SO2 emissions. These emissions are a cause of
regional haze and reducing them will help to attain the SO2
and PM2.5 NAAQS. EPA is proposing to approve the September
4, 2020 Pennsylvania SIP revision which amends commercial No. 2 fuel
oil and lighter sulfur limits for combustion and sale in Pennsylvania.
EPA is soliciting public comments on the issues discussed in this
document. These comments will be considered before taking final action.

IV. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Pennsylvania's maximum allowable sulfur content limit for No.
2 and lighter commercial fuel oil regulation described in 25 PA. Code
Chapter 123. EPA has made, and will continue to make, these materials
generally available through https://www.regulations.gov and at the EPA
Region III Office (please contact the person identified in the For
Further Information Contact section of this preamble for more
information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed 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).
    In addition, this proposed rule regarding commercial fuel oil
sulfur limits for combustion and sale in the Commonwealth of
Pennsylvania, does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP
is not approved to apply in Indian country located in the State, and
EPA notes that it will not impose substantial direct costs on tribal
governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter, Regional Haze, Sulfur oxides.

    Dated: December 8, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021-27101 Filed 12-14-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 236 (Monday, December 11, 2023)]
[Proposed Rules]
[Pages 85858-85860]
[FR Doc No: 2023-27086]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-2184; Airspace Docket No. 23-ASO-49]
RIN 2120-AA66

Amendment of Class D and Class E Airspace; St. Petersburg, FL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class D and Class E surface
airspace for St. Petersburg-Clearwater International Airport, St.
Petersburg, FL. This action would increase the radius and amend the
verbiage in the Class D and Class E descriptions.

DATES: Comments must be received on or before January 25, 2024.

ADDRESSES: Send comments identified by FAA Docket No. [FAA-2023-2184]
and Airspace Docket No. [23-ASO-49] using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow
the online instructions to send your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except for Federal holidays.
    * Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Docket: Background documents or comments received may be read at
www.regulations.gov anytime. Follow the online instructions for
accessing the docket or go to the Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except for Federal holidays.
    FAA Order JO 7400.11H Airspace Designations and Reporting Points
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783

FOR FURTHER INFORMATION CONTACT: Stephen Sutcavage, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; Telephone:<PHONE_NUMBER>.

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
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 would amend Class D and E airspace in St. Petersburg, FL. An
airspace evaluation determined that this update is necessary to support
IFR operations in the area.

Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the proposal's overall regulatory,
aeronautical, economic, environmental, and energy-related aspects. The
most helpful comments reference a specific portion of the proposal,
explain the reason for any recommended change, and include supporting
data. To ensure the docket does not contain duplicate comments,
commenters should submit only once if comments are filed
electronically, or commenters should send only one copy of written
comments if comments are filed in writing.
    The FAA will file in the docket all comments it receives and a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal,
the FAA will consider all comments it receives on or before the closing
date for comments. The FAA will consider comments filed after the
comment period has closed if it is possible without incurring expense
or delay. The FAA may change this proposal in light of the comments it
receives.
    Privacy: Per 5 U.S.C. 553(c), the DOT solicits comments from the
public to inform its rulemaking process better. 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.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded online at
www.regulations.gov. Recently published rulemaking documents can be
accessed through the FAA's web page at www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except for Federal
holidays. An informal docket may also be examined between 8:00 a.m. and
4:30 p.m., Monday through Friday, except on federal holidays at the
office of the Eastern Service Center, Federal Aviation Administration,
Room 350, 1701 Columbia Avenue, College Park, GA 30337.

Incorporation by Reference

    Class D and Class E airspace designations are published in
Paragraphs 5000, 6004, and, of FAA Order JO 7400.11, Airspace
Designations and Reporting Points, which is incorporated by reference
in 14 CFR 71.1 annually. This document proposes to amend the current
version of that order, FAA Order JO 7400.11H, dated August 11, 2023,
and effective September 15, 2023. These updates will be published in
the next update to FAA Order JO 7400.11. FAA Order JO 7400.11H is
publicly available as listed in the ADDRESSES section of this document.
    FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to amend Class
D airspace and Class E surface airspace for St. Petersburg- Clearwater
International Airport, St. Petersburg, FL, as an airspace evaluation
determined an update for this airport necessary. This action would
increase the Class D radius of the airport to 4.9-miles (previously
4.2-miles). This action would also increase the Class E radius of the
airport to 4.9 miles (previously 4.2 miles). This action would also
replace Notice to Airmen with Notice to Air Missions in the appropriate
airspace descriptions. Controlled airspace is necessary for the area's
safety and management of instrument flight rules (IFR) operations.

Regulatory Notices and Analyses

    The FAA has determined that this proposed 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 proposed 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

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'', prior to any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 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 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
7400.11H, Airspace Designations and Reporting Points, dated August 11,
2023, and effective September 15, 2023, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO FL D St. Petersburg, FL [Amended]

St. Petersburg-Clearwater International Airport, FL

    (Lat. 27[deg]54'31'' N, long. 82[deg]41'11'' W)

    That airspace extending upward from the surface to and including
1,600 feet MSL within a 4.9-mile radius of St. Petersburg-Clearwater
International Airport, excluding that portion within the Tampa
International Airport, FL, Class B airspace area. This Class D
airspace area is effective during the specific dates and times
established in advance by a Notice to Air Missions. The effective
date and time will thereafter be continuously published in the Chart
Supplement.
* * * * *

ASO FL E2 St. Petersburg, FL [Amended]

St. Petersburg-Clearwater International Airport, FL
    (Lat. 27[deg]54'31'' N, long. 82[deg]41'11'' W)

    That airspace is within a 4.9-mile radius of St. Petersburg-
Clearwater International Airport, excluding that portion within the
Tampa International Airport, FL, Class B airspace area. This Class E
airspace area is effective during the specific dates and times
established in advance by a Notice to Air Missions. The effective
date and time will thereafter be continuously published in the Chart
Supplement.

    Issued in College Park, Georgia, on December 5, 2023.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2023-27086 Filed 12-8-23; 8:45 am]
BILLING CODE 4910-13-P


REGULATION SUMMARY

FISCAL IMPACT STATEMENT

Regulation Number 1200-3-9-.01

1.	Brief summary of the rule and a description of all relevant changes in previous regulations effectuated by such rule:

This change to the NSR regulations allows the Technical Secretary to authorized the use of multiple, pollutant specific 24-month baselines in determining the magnitude of a significant net emissions increase and the applicability of major new source review requirements if certain conditions are met by the company.

2.	A citation to and brief description of any Federal law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto:

These changes were made at the request of the Pulp and Paper Industry.

3.	Identification of persons, organizations, corporations, or governmental entities most directly affected by this rule, and whether the aforementioned urge adoption or rejection of this rule:

The aforementioned industry urge adoption of this rule.

4.	Identification of any opinions of the Attorney General or any judicial ruling which directly relates to the rule:

	None.

5.	An estimate of the probable increase or decrease in State or local government revenues and expenditures, if any, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate is based:

None.

6.	Identification of the appropriate agency representative or representatives possessing substantial knowledge and understanding of the rule:

Lacey J. Hardin

Division of Air Pollution Control

9th Floor, L & C Annex, 401 Church St., Nashville

7.	Identification of the appropriate agency representative who will explain the rule at a scheduled meeting of the Committee:

Alan M. Leiserson

Legal Services Director

Tennessee Dept. of Environment and Conservation

8.	Office address and telephone number of the agency representative who will explain the rule at a scheduled meeting of the Committee:

Office of General Counsel

Tennessee Dept. of Environment and Conservation

401 Church Street

20th Floor L & C Tower

Nashville, Tennessee 37243-1531

532-0131

9.	Any additional information relevant to the rule proposed for continuation which the Committee requests:

None.

Page   PAGE  2  of   NUMPAGES  \* MERGEFORMAT  2  pages


[Federal Register Volume 78, Number 69 (Wednesday, April 10, 2013)]
[Notices]
[Pages 21482-21483]
[FR Doc No: 2013-08328]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69304; File No. SR-PHLX-2013-005]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Order
Granting Approval of Proposed Rule Change Regarding Catastrophic Errors

April 4, 2013.

I. Introduction

    On January 31, 2013, NASDAQ OMX PHLX LLC (``PHLX'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
amend Rule 1092, Obvious Errors and Catastrophic Errors. The proposed
rule change was published for comment in the Federal Register on
February 19, 2013.\3\ The Commission received one comment letter on the
proposed rule change.\4\ This order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 68907 (February 12,
2013), 78 FR 11705 (``Notice'').
    \4\ See Letter from Ellen Greene, Vice President, Securities
Industry and Financial Markets Association to Elizabeth M. Murphy,
Secretary, Commission, dated March 14, 2013.
---------------------------------------------------------------------------

II. Background

    The Exchange proposes to amend Rule 1092(f)(ii) to permit the
nullification of trades involving catastrophic errors in certain
situations. Specifically, the proposed rule would enable a non-broker
dealer customer \5\ who is the contra-side to a trade that is deemed to
be a catastrophic error to have the trade nullified in instances where
the adjusted price would violate the customer's limit price. Trades
would adjusted in these circumstances if the customer, or his agent,
affirms the customer's willingness to accept the adjusted price through
the customer's limit price within 20 minutes of notification of the
catastrophic error ruling.\6\
---------------------------------------------------------------------------

    \5\ The Exchange notes that a professional customer is a
customer for purposes of Rule 1092.
    \6\ The Exchange notes that the 20 minute notification period is
similar to the time period used currently with respect to triggering
the obvious error review process.
---------------------------------------------------------------------------

    Under the current rule, and under the rules of all options
exchanges, all transactions that qualify as a catastrophic error are
adjusted, not nullified. The purpose of the proposal is to help market
participants better manage their risk by addressing the situation
where, under current rules, a trade can be adjusted to a price outside
of a customer's limit price, forcing the customer to spend additional
money for a trade that it may not be able to afford. The Exchange notes
that this proposal is a fair way to address the issue of a customer's
limit price while balancing the competing interests of certainty that
trades stand with the policy concerns about dealing with true
errors.\7\
---------------------------------------------------------------------------

    \7\ The Exchanges noted that it is focused on this particular
situation because of a recent catastrophic error ruling that
resulted in an appeal pursuant to Rule 1092(f)(iv).
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act \8\ and the rules
and regulations thereunder applicable to a national securities
exchange.\9\ In particular, the Commission finds that the proposed rule
change is consistent with Section 6(b)(5) of the Act,\10\ which
requires, among other things, that the Exchange's rules be designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f.
    \9\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission received one comment letter expressing support for
the proposed rule change.\11\ The commenter believes that the special
treatment afforded by the rule change to non-broker-dealer customers is
appropriate because, unlike market makers or broker-dealers, non-
broker-dealer customers are less likely to be able to absorb the
monetary penalty of being forced into a situation where their

original limit price is violated.\12\ The commenter points to other
precedents in the options markets for non-broker-dealer customers
getting special treatment for similar reasons to the proposed rule
change, namely because they are less active in the markets and often
have limited funds in their accounts.\13\ Finally, the commenter
encourages other options exchanges to adopt similar amendments to their
Obvious and Catastrophic Error rules.\14\
---------------------------------------------------------------------------

    \11\ See note 4, supra.
    \12\ Id.
    \13\ Id.
    \14\ Id.
---------------------------------------------------------------------------

    The Exchange notes that the proposed rule change is not unfairly
discriminatory, even though it offers non-broker dealer customers a
choice not provided to other market participants. Specifically, the
Exchange notes that the existing obvious error rules differentiate
among market participants.\15\ The Exchange notes further that
customers often are treated specially in the options markets,
recognizing that they are not necessarily immersed in the day-to-day
trading of the markets, are less likely to be watching trading activity
in a particular option throughout the day, and may have limited funds
in their trading accounts.\16\ The Exchange goes on to note that, while
the proposed rule change may introduce uncertainty regarding whether a
trade will be adjusted or nullified, it eliminates price uncertainty,
as customer orders can be adjusted to significantly different prices
than their limit prices under the rule prior to this proposed rule
change. For this reason, the Exchange believes that the proposed rule
change promotes just and equitable principles of trade and protects
investors and the public interest.
---------------------------------------------------------------------------

    \15\ The Exchange notes, for example, that the notification
period to begin the obvious error process is shorter for specialists
and Registered Options Traders than it is for other market
participants.
    \16\ The Exchange notes that customers often have favorable fees
relative to other market participants.
---------------------------------------------------------------------------

    The Commission notes that in considering the proposed rule change
the Exchange has weighed the benefits of certainty to non-broker-dealer
customers that their limit price will not be violated against the costs
of increased uncertainty to market makers and broker-dealers that their
trades may be nullified instead of adjusted depending on whether the
other party to the transaction is or is not a customer.\17\ The
proposed rule change strikes a similar balance on this issue to the
approach taken in the Exchange's Obvious Error Rule, whereby
transactions in which an Obvious Error occurred with at least one party
as a non-specialist are nullified unless both parties agree to adjust
the price of the transaction within 30 minutes of being notified of the
Obvious Error.\18\ For the reasons noted above, the Commission believes
that the proposed rule change is consistent with the Act.
---------------------------------------------------------------------------

    \17\ See Notice, supra note 3.
    \18\ Id.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\19\ that the proposed rule change (SR-PHLX-2013-005) is hereby
approved.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-08328 Filed 4-9-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Proposed Rules]
[Pages 36490-36492]
[FR Doc No: 2016-13322]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0346]
RIN 1625-AA00

Safety Zone; Fourth of July Fireworks North Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone
in the navigable waters of Charleston, SC. This safety zone is
necessary to protect the public from hazards associated with launching
fireworks over navigable waters of the United States. This proposed
rulemaking would prohibit persons and vessels from being in the safety
zone unless authorized by the Captain of the Port Charleston or a
designated representative. We invite your comments on this proposed
rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before June 22, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0346 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 Lieutenant John Downing, Sector
Charleston Office of Waterways Management, Coast Guard; telephone (843)
740-3184, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    On April 18, 2016, the City of North Charleston notified the Coast
Guard that it will be conducting a fireworks display from 9 p.m. to 10
p.m. on July 4, 2016. The fireworks are to be launched from a barge
along the bank of the Cooper River at River Front Park in North
Charleston, SC. Hazards from firework displays include accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris. The Captain of the Port Charleston (COTP) has
determined that potential hazards associated with the fireworks to be
used in this display would be a safety concern for anyone within a 500-
yard radius of the barge.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 500-yard radius of the fireworks
barge before, during, and after the scheduled event.

The Coast Guard proposes this rulemaking under authority in 33 U.S.C.
1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 8:45 p.m. to
10:15 p.m. on July 4, 2016. The safety zone would cover all navigable
waters within 500 yards of the barge located at River Front Park on the
Cooper River. The duration of the zone is intended to ensure the safety
of vessels and these navigable waters before, during, and after the
scheduled 9 p.m. to 10 p.m. fireworks display. No vessel or person
would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative. The regulatory
text we are proposing appears at the end of this document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. 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.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone which would
impact a small designated area of the Cooper River for 1 hour during
the evening when vessel traffic is normally low. Moreover, the Coast
Guard would issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone, and the rule would allow vessels to seek
permission to enter the zone.

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.
    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 a safety
zone lasting 1 hour that would prohibit entry within 500 yards of the
fireworks barge. Normally such actions are categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of Commandant
Instruction M16475.lD. A preliminary environmental analysis checklist
and Categorical Exclusion Determination are available in the docket
where indicated under ADDRESSES. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this 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 Web site'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 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and Department of Homeland Security Delegation No. 0170.1.

0
2. Add a temporary Sec.  165.T07-0346 under the undesignated center
heading Seventh Coast Guard District to read as follows:

Sec.  165.T07-0346  Safety Zone; Fourth of July Fireworks North
Charleston, SC.

    (a) This rule establishes a safety zone on all Cooper River waters
within a 500 yard radius of barge, from which fireworks will be
launched.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
areas.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port Charleston
or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, or
remain within the regulated area may contact the Captain of the Port
Charleston by telephone at<PHONE_NUMBER>, or a designated representative
via VHF radio on channel 16, to request authorization. If authorization
to enter, transit through, or remain within the regulated area is
granted by the Captain of the Port Charleston or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Charleston
or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Enforcement period. This rule will be enforced on July 4, 2016
from 8:45 p.m. until 10:15 p.m.

    Dated: May 31, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-13322 Filed 6-6-16; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 225 (Friday, November 24, 2023)]
[Notices]
[Page 82346]
[FR Doc No: 2023-25973]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR24-1-000]

Holly Energy Partners--Operating, L.P.; Notice of Request for
Temporary Waiver

    Take notice that on November 9, 2023, Holly Energy Partners--
Operating, L.P. filed a petition seeking a temporary waiver of the
tariff filing and reporting requirements of sections 6 and 20 of the
Interstate Commerce Act and parts 341 and 357 of the Federal Energy
Regulatory Commission's regulations (Commission), all as more fully
explained in the petition.
    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 and 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 Petitioner.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov). From the
Commission's Home Page on the internet, this information is available
on eLibrary. The full text of this document is available on eLibrary in
PDF and Microsoft Word format for viewing, printing, and/or
downloading. To access this document in eLibrary, type the docket
number excluding the last three digits of this document in the docket
number field. User assistance is available for eLibrary and the
Commission's website during normal business hours from FERC Online
Support at<PHONE_NUMBER> (toll free at 1-866-208-3676) or email at
[email protected], or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
[email protected].
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    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].
    Comment Date: 5:00 p.m. Eastern time on December 11, 2023.

    Dated: November 17, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-25973 Filed 11-22-23; 8:45 am]
BILLING CODE 6717-01-P