[Federal Register: October 11, 2007 (Volume 72, Number 196)]
[Notices]
[Page 57921]
[DOCID:fr11oc07-40]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR07-11-002]

Arkansas Western Gas Company; Notice of Refund Report and Revised
Rate Sheet to Operating Statement

October 3, 2007.
    Take notice that on October 1, 2007, Arkansas Western Gas Company
filed a refund report and revised rate sheet to its operating statement
in the above-docketed proceeding.
    Any person desiring to participate in this rate proceeding must
file a motion 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 date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

    Comment Date: 5 p.m. Eastern Time October 17, 2007.
Kimberly D. Bose,
Secretary.
[FR Doc. E7-20022 Filed 10-10-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 49 (Thursday, March 12, 2020)]
[Rules and Regulations]
[Pages 14411-14413]
[FR Doc No: 2020-05024]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-1053; Product Identifier 2018-SW-037-AD; Amendment
39-19863; AD 2020-05-11]
RIN 2120-AA64

Airworthiness Directives; Robinson Helicopter Company Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
Robinson Helicopter Company Model R44 and R44 II helicopters with an
agricultural spray system installed by Supplemental Type Certificate
(STC) SR00286BO (spray system). This spray system is also known as a
Simplex Manufacturing Company (Simplex) Model 244 spray system. This AD
was prompted by a report of an in-flight failure of the spray system
elbow pump fitting (pump fitting). This AD requires repetitive
inspections of the spray system pump fitting, corrective action if
necessary, replacement of the spray system pump fitting, and
installation of hose supports and a pump outlet cover. The FAA is
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective April 16, 2020.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 16,
2020.

ADDRESSES: For service information identified in this final rule,
contact Simplex Manufacturing Company, 13340 NE Whitaker Way, Portland,
OR 97230; phone<PHONE_NUMBER>; fax<PHONE_NUMBER>; internet
www.simplex.aero. You may view this service information at the FAA,
Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy.,
Room 6N-321, Fort Worth, TX 76177. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>. It is also available on
the internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2019-1053.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
1053; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, any service information that is incorporated by
reference, any comments received, and other information. The address
for Docket Operations is Docket Operations, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Chris Bonar, Aerospace Engineer,
Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would

apply to Robinson Helicopter Company Model R44 and R44 II helicopters
with an agricultural spray system installed by STC SR00286BO with spray
systems serial-numbered 0045 through 0178 inclusive. STC SR00286BO
approves the installation of a Simplex spray system. The NPRM proposed
to require a repetitive inspection until the pump fitting is modified.
The NPRM published in the Federal Register on December 17, 2019 (84 FR
68817). The NPRM was prompted by a report of an in-flight failure of
the spray system pump fitting. Following the issuance of a Simplex
service letter, five additional reports of failed fittings were
received. Failure of the pump fitting causes uncontrolled discharge of
the spray liquid exiting the system pump. The pump output port is in
direct alignment with the engine air intake, allowing the engine to
ingest the spray liquid. This condition, if not addressed, could result
in an in-flight engine shutdown.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule as proposed.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following service information:
     Simplex Mfg Alert Service Bulletin ASB2017-001, Initial
Release, dated March 28, 2017. This service information describes
procedures for inspecting the spray system pump fitting to detect
damage, including signs of stress, cracking, fatigue, and evidence of
leaking.
     Simplex Mfg Service Letter SL2017-017, Revision B, dated
March 14, 2018. This service information describes procedures for
replacing the spray system pump fitting with an improved pump fitting
and installing hose supports.
     Simplex Mfg Service Letter SL2017-030, Initial Release,
dated March 12, 2018. This service information describes procedures for
installing a pump outlet cover.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Other Related Service Information

    The FAA reviewed Simplex Mfg, Installation Manual, Simplex
Manufacturing Co. HPR44 III Spray System for the Robinson R44 Series
Helicopter, Installation Manual PM001-HPR44III-25-008, Revision 7,
dated May 2, 2017. This service information specifies unpacking,
installation, and system function test procedures.
    The FAA also reviewed Simplex Mfg, Instructions for Continued
Airworthiness (ICA), Simplex Manufacturing Co. HPR44 III Spray System
for the Robinson R44 Series Helicopter, PM011-HPR44III-25-007 ICA,
Revision 9, dated April 20, 2018. This service information specifies
general, airworthiness limitation, inspection and maintenance,
dimension and access, lifting and shoring, leveling and weighing,
towing and taxiing, storing, placard and marking, servicing and
lubricating, standard practice, and equipment and furnishing
information.

Costs of Compliance

    The FAA estimates that this AD affects 75 helicopters of U.S.
registry. Labor costs are estimated at $85 per work-hour. Based on
these numbers, the FAA estimates the following costs to comply with
this AD.
    Inspecting the fitting takes about 0.1 work-hour for an estimated
cost of $9 per helicopter and $675 for the U.S. fleet per inspection
cycle. Replacing the fitting and installing the cushion clamp and hose
supports takes about 1 work-hour with a nominal parts costs for an
estimated cost of $85 per helicopter and $6,375 for the U.S. fleet.
Installing the pump outlet cover takes about 1 work-hour and parts cost
about $300 for an estimated cost of $385 per helicopter and $28,875 for
the U.S. fleet.
    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. The FAA does not control warranty coverage for affected
individuals. As a result, all costs are included in this cost estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. 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.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have 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.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2020-05--11 Robinson Helicopter Company: Amendment 39-19863; Docket
No. FAA-2019-1053; Product Identifier 2018-SW-037-AD.

(a) Effective Date

    This AD is effective April 16, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Robinson Helicopter Company Model R44 and R44
II helicopters, certificated in any category, with an

agricultural spray system installed by Supplemental Type Certificate
(STC) SR00286BO with spray systems serial-numbered 0045 through 0178
inclusive, installed.

    Note 1 to paragraph (c) of this AD:  STC SR00286BO approves the
installation of Simplex Manufacturing Company Model 244 spray system
(spray system). Earlier models of this system have a metal flanged
fitting that is not affected by this AD.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 2551, Agricultural
Spray System.

(e) Unsafe Condition

    This AD was prompted by a report of an in-flight failure of the
spray system elbow pump fitting (pump fitting). The FAA is issuing
this AD to prevent failure of the pump fitting, which could result
in an in-flight engine shutdown.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions

    (1) Before further flight, and thereafter before each flight,
visually inspect the spray system pump fitting for signs of stress,
cracking, fatigue, and evidence of leaking by following the
Accomplishment Instructions, paragraphs 1. through 4., of Simplex
Mfg Alert Service Bulletin ASB2017-001, Initial Release, dated March
28, 2017 (ASB2017-001). If there is any sign of stress, cracking,
fatigue, or evidence of leaking, before further flight, accomplish
paragraph (g)(2) of this AD.
    (2) Within 3 months, unless required before further flight by
paragraph (g)(1) of this AD:
    (i) Replace spray system pump fitting P/N P-58-0752-40 with
fitting P/N 000-123847-000 and install cushion clamp P/N 000-115571-
000 and cable tie hose supports by following the Accomplishment
Instructions, paragraphs 1. through 6., of Simplex Mfg Service
Letter SL2017-017, Revision B, dated March 14, 2018.
    (ii) Install pump outlet cover P/N 244-302056-001 by following
the Accomplishments Instructions, paragraphs 1. through 7., of
Simplex Mfg Service Letter SL2017-030, Initial Release, dated March
12, 2018 (SL2017-030), except refer to Figure 2 when instructed to
refer to Figure 1.

    Note 2 to paragraph (g)(2)(ii) of this AD: SL2017-030 includes
instructions that refer to a Figure 1; however, there is no Figure
1.

    (iii) Pressurize the system and determine if the new fitting is
functioning correctly by visually inspecting the spray system pump
fitting for signs of stress, cracking, fatigue, and evidence of
leaking by following the Accomplishment Instructions, paragraphs 1.
through 4. of ASB2017-001. If there is any sign of stress, cracking,
fatigue, or evidence of leaking, before further flight, remove from
service the fitting, cushion clamp, cable tie hose supports, and
pump outlet cover and replace with a new fitting, new cushion clamp,
new cable tie hose supports, and new pump outlet cover, and repeat
the actions required by this paragraph.
    (3) After the effective date of this AD, do not install a
Simplex Model 244 spray system approved under STC SR00286BO with
pump fitting P/N P-58-0752-40 on any Robinson Helicopter Company
Model R44 or R44 II helicopter.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (i) of this AD. Information may be
emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(i) Related Information

    For more information about this AD, contact Chris Bonar,
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Simplex Mfg Alert Service Bulletin ASB2017-001, Initial
Release, dated March 28, 2017.
    (ii) Simplex Mfg Service Letter SL2017-017, Revision B, dated
March 14, 2018.
    (iii) Simplex Mfg Service Letter SL2017-030, Initial Release,
dated March 12, 2018.
    (3) For Simplex Mfg service information identified in this AD,
contact Simplex Manufacturing Company, 13340 NE Whitaker Way,
Portland, OR 97230; phone<PHONE_NUMBER>; fax<PHONE_NUMBER>; internet
www.simplex.aero.
    (4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-
321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 6, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-05024 Filed 3-11-20; 8:45 am]
 BILLING CODE 4910-13-P


-----Forwarded by Jeb Stenhouse/DC/USEPA/US on 12/15/2011 09:04AM -----
 To<EMAIL_ADDRESS>From: Jeb Stenhouse/DC/USEPA/US
Date: 12/13/2011 08:55PM
Cc: Sam Napolitano/DC/USEPA/US@EPA
Subject: Re: Final Transport Rule ozone supplemental rulemaking - final draft responding to interagency comments
(See attached file: EO 12866_SupplementalEO 12866 13563 Interagency Comments1 Supplemental Transport Final_EPA response to interagency comments 12-13-11_to OMB at 845pm_redline.docx)
(See attached file: SNPR final budget TSD_12-7-11 FINAl_to OMB_v2 to OMB 12-13-11.docx)

Hi Christine,

Here are updated drafts of the preamble and TSD that reflect the edits you requested regarding the final Transport Rule RIA.

Sincerely,
Jeb Stenhouse
Chief, Program Development Branch
Clean Air Markets Division
US Environmental Protection Agency
202-343-9781
<EMAIL_ADDRESS>

-----Jeb Stenhouse/DC/USEPA/US wrote: -----
 To: "Kymn, Christine J."<EMAIL_ADDRESS>From: Jeb Stenhouse/DC/USEPA/US
Date: 12/13/2011 03:56PM
Cc: Sam Napolitano/DC/USEPA/US@EPA
Subject: Re: Final Transport Rule ozone supplemental rulemaking - final draft responding to interagency comments

Hi Christine - I neglected to attach a companion document showing you the budget comparisons that I understand you and Sam discussed earlier today.  Here it is!

(See attached file: Ozone Season Budget Comparisons for OMB 12-13-11.docx)

Sincerely,
Jeb Stenhouse
Chief, Program Development Branch
Clean Air Markets Division
Environmental Protection Agency
202-343-9781
<EMAIL_ADDRESS>
 Jeb Stenhouse---12/13/2011 03:12:24 PM---Hi Christine, Sam asked me to send you a response draft that provides edits and explanations with re

From: Jeb Stenhouse/DC/USEPA/US
To: "Kymn, Christine J."<EMAIL_ADDRESS>Cc: Sam Napolitano/DC/USEPA/US@EPA
Date: 12/13/2011 03:12 PM
Subject: Final Transport Rule ozone supplemental rulemaking - final draft responding to interagency comments

Hi Christine,

Sam asked me to send you a response draft that provides edits and explanations with regards to all of the comments we received from interagency review.  Please note that I marked our responses with "EPA RESPONSE" in the margin comments, and the attached version is fully updated and shows you redline of the changes we made in response to interagency comments.  This is now the latest version of the ozone supplemental preamble and rule text.

(See attached file: EO 12866_SupplementalEO 12866 13563 Interagency Comments1 Supplemental Transport Final_EPA response to interagency comments 12-13-11_to OMB at 230pm_redline.docx)

Sincerely,
Jeb Stenhouse
Chief, Program Development Branch
Clean Air Markets Division
Environmental Protection Agency
202-343-9781
<EMAIL_ADDRESS>

[attachment "EO 12866_SupplementalEO 12866 13563 Interagency Comments1 Supplemental Transport Final_EPA response to interagency comments 12-13-11_to OMB at 230pm_redline.docx" removed by Jeb Stenhouse/DC/USEPA/US]
[attachment "Ozone Season Budget Comparisons for OMB 12-13-11.docx" removed by Jeb Stenhouse/DC/USEPA/US]


[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)]
[Rules and Regulations]
[Pages 58501-58504]
[FR Doc No: 2018-25242]

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

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0962]
RIN 1625-AA00

Safety Zone; NASA Activities, Gulf of Mexico, Galveston, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary, moving safety
zone for all navigable waters within a 1,000-yard radius of the
National Aeronautics and Space Administration's (NASA's) crew module
uprighting system test article while it is being tested in the
territorial waters of the Gulf of Mexico off the coast of Galveston,
TX. The safety zone is necessary to protect persons, vessels, and the
marine environment from potential hazards created by vessels and
equipment engaged in the crew capsule's at-sea testing. This rulemaking
prohibits persons and vessels from being in the safety zone unless
authorized by the Captain of the Port Sector Houston-Galveston or a
designated representative

DATES: This rule is effective from November 28, 2018 through December
6, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0962 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Collin Sykes, Eighth Coast Guard District,
Waterways Management Division, U.S. Coast Guard; telephone 504-671-
2119, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The National Aeronautics and Space Administration's (NASA's) Orion
program is evaluating an updated design to the crew module uprighting
system (CMUS), the system of five airbags on top of the crew capsule
that inflate upon splashdown. NASA tested the CMUS at the Neutral
Buoyancy Lab at NASA's Johnson Space Center in Houston, and requested
Coast Guard support for the at-sea uprighting tests. On October 19,
2018, the Coast Guard published a notice of proposed rulemaking (NPRM)
titled Safety Zone; NASA Activities, Gulf of Mexico, Galveston, TX (83
FR 53023). There we stated why we issued the NPRM, and invited comments
on our proposed regulatory action related to this at-sea test. During
the comment period that ended November 5, 2018, we received 3 comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because it is contrary to the
public interest. The Coast Guard must make this rule effective soon
enough to allow for immediate action to respond to the potential safety
hazards associated with the at-sea testing and that it does not
compromise publish safety.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The

at-sea testing of the CMUS will involve numerous surface vessels,
divers, and remote-operated submarine vehicles, and feature a rapid
rotation of the Orion test article in a confined area and partially
controlled environment. The Captain of the Port Sector Houston-
Galveston (COTP) has determined that due to the complexity of the test
and proximity of the participants, unauthorized access by persons or
vessels outside the scope of the test present a significant hazard to
human life, vessels, and government property. The purpose of this rule
to protect persons, vessels, and the marine environment from potential
hazards created by vessels and equipment engaged in the crew capsule's
at-sea testing.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received 03 comments on our NPRM published
October 19, 2018. Two of the comments supported the rule for
establishing the described safety measures to protect scientists as
they search for solutions to complex problems in potentially hazardous
environments.
    One comment expressed concerns regarding the impact the safety zone
would have on local anglers and requested a more precise location of
the test. The planned location of the test is between 9 and 12 nautical
miles (NMs) offshore of Galveston, TX, to the south and west of the
Galveston Bay Entrance Channel. However, due to the drifting nature of
the test, the Coast Guard cannot provide a specific geographical
position at this time. Mariners in the vicinity will be notified of the
test location via Broadcast Notices to Mariners (BNMs) no less than 3
hours prior to the commencement of testing. The BNMs, paired with the
relatively small area encompassed by the 1,000-yd radius safety zone,
will provide anglers an ample opportunity to seek alternative fishing
grounds during the limited duration test. This same commenter also
requested reasons that the NPRM was issued with a 15-day comment
period. The Coast Guard published the NPRM with a 15-day comment period
because it was impracticable to provide a 30-day comment period. It was
impracticable to publish an NPRM with a 30-day comment period because
we needed to establish this temporary safety zone by November 28, 2018.
A 15-day comment period allowed the Coast Guard to provide for public
notice and comment, but also publish a rule, if adopted, soon enough
that the length of the notice and comment period does not compromise
public safety. Finally, this commenter requested justification for the
non-retaliation statement in the Impact on Small Entities section of
the NPRM. This statement is required to be included in all Coast Guard
Rulemakings by the Coast Guard Non-Retaliation Policy outlined in 69 FR
12864 (March 18, 2004). Based on the public comments received, we have
edited the regulatory text to clarify that that the test would occur
between 9 and 12 NM offshore of Galveston, TX, to the south and west of
the Galveston Bay Entrance Channel. There are no other changes in the
regulatory text of this rule from the proposed rule in the NPRM.
    This rule establishes a temporary, moving safety zone that covers
all navigable waters within 1,000 yards of NASA's CMUS test article,
which will be located in the territorial waters of the Gulf of Mexico
off the coast of Galveston, TX. NASA anticipates that the testing
activities will take place on approximately three days during the
effective period, during daylight hours only. The effective period of
this rule covers a nine-day window from November 28, 2018 through
December 6, 2018, to allow for scheduling delays due to inclement
weather or technical difficulties. On each of the approximately three
days that the rule will be enforced, the enforcement periods will begin
approximately 2 hours before testing activities and last until
approximately 2 hours after the testing activities. The COTP or a
designated representative will inform the public through BNMs, Local
Notices to Mariners (LNMs), and/or Marine Safety Information Bulletins
(MSIBs), and/or other means of public notice, as appropriate, at least
3 hours in advance of each enforcement period. Such notice of
enforcement will also include more specific information regarding the
location of the CMUS test article.
    The duration of the zone is intended to protect persons, vessels,
and the marine environment on these navigable waters during the NASA
testing activities. No vessel or person is permitted to enter or remain
in the safety zone without obtaining permission from the COTP or a
designated representative. A designated representative is a Coast Guard
Patrol Commander, including a Coast Guard coxswain, petty officer, or
other officer operating a Coast Guard vessel, and a Federal, State, and
local officer designated by or assisting the COTP in the enforcement of
the safety zone. The Patrol Commander may be contacted on Channel 16
VHF-FM (156.8 MHz) by the call sign ``PATCOM''. Vessels requiring entry
into this safety zone must request permission from the COTP or a
designated representative. They may be contacted on VHF-FM Channel 16.
All persons and vessels permitted to enter this safety zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative. The
COTP or a designated representative will inform the public of the
enforcement times, dates, and locations, for this safety zone through
BNMs, LNMs, and/or MSIBs, as appropriate.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, and duration of the safety zone. Vessel traffic will be able
to safely transit around this safety zone, which will affect a small,
designated area off the coast of Galveston, TX, outside of the Houston
Ship Channel and safety fairway during daylight hours on approximately
three days. Moreover, the Coast Guard will issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone, and the rule
allows 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 received no
comments from the Small Business Administration on this rulemaking. The
Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not
have a significant economic impact on a substantial number of small
entities.
    While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section IV.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a temporary, moving safety zone that prohibit entry within 1,000 yards
of the CMUS test article during daylight hours on approximately nine
days in the Gulf of Mexico. It is categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T08-0962 to read as follows:

Sec.  165.T08-0962  Safety Zone; NASA Activities, Gulf of Mexico,
Galveston, TX.

    (a) Location. The following area is a safety zone: All navigable
waters within 1000 yards of the National Aeronautics and Space
Administration's (NASA's) crew module uprighting system test article.
The test will occur between 9 and 12 nautical miles (NM) offshore of
Galveston, TX, to the south and west of the Galveston Bay Entrance
Channel.
    (b) Effective period. This section will be effective from November
28, 2018 through December 6, 2018.
    (c) Enforcement periods. This section will be enforced on
approximately 3 days during the effective period, during daylight
hours. Each period of enforcement will begin approximately 2 hours
before testing activities and end approximately 2 hours after testing
activities. The Captain of the Port Sector Houston-Galveston (COTP) or
a designated representative will inform the public of the enforcement
through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners
(LNMs), and/or Marine Safety Information Bulletins (MSIBs) or other
means of public notice at least 3 hours in advance of the enforcement
of this safety zone. Such notice of enforcement will also include more
specific information regarding the location of the CMUS test article.
    (d) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or a
designated representative. A designated representative is a Coast Guard
Patrol Commander, including a Coast Guard coxswain, petty officer, or
other officer operating a Coast Guard vessel, and a Federal, State, and
local officer designated by or assisting the COTP) in the enforcement
of the safety zone. The Patrol Commander may be contacted on Channel 16
VHF-FM (156.8 MHz) by the call sign ``PATCOM''.

    (2) To seek permission to enter, contact the COTP or a designated
representative by VHF Channel 16.
    (3) If granted permission to enter, all vessels must transit at
their slowest safe speed and comply with all lawful orders or
directions of the COTP or a designated representative.
    (e) Informational broadcasts. The COTP or a designated
representative will inform the public through Broadcast Notices to
Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety
Information Bulletins (MSIBs) or other means of public notice of the
enforcement period for the temporary safety zone as well as any changes
in the dates and times of enforcement.

    Dated: November 14, 2018.
Kevin D. Oditt,
Captain, U.S. Coast Guard, Captain of the Port Sector Houston-
Galveston.
[FR Doc. 2018-25242 Filed 11-19-18; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Notices]
[Pages 50407-50408]
[FR Doc No: 2013-20134]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP13-1240-000.
    Applicants: Southern Star Central Gas Pipeline, Inc.
    Description: ACA Filing--Eff. October 1, 2013 to be effective 10/1/
2013.
    Filed Date: 8/9/13.
    Accession Number: 20130809-5064.
    Comments Due: 5 p.m. ET 8/21/13.

    Docket Numbers: RP13-1241-000.
    Applicants: Granite State Gas Transmission, Inc.
    Description: Compliance Filing 2013 to be effective 10/1/2013.
    Filed Date: 8/9/13.
    Accession Number: 20130809-5132.
    Comments Due: 5 p.m. ET 8/21/13.

    Docket Numbers: RP13-1242-000.
    Applicants: Enable Gas Transmission, LLC.
    Description: CEGT LLC--August 2013 Negotiated Rate Filing to be
effective 8/12/2013.
    Filed Date: 8/12/13.
    Accession Number: 20130812-5208.
    Comments Due: 5 p.m. ET 8/26/13.

    Docket Numbers: RP13-1243-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: ConocoPhillips K910662 8-10-2013 Releases to be
effective 8/10/2013.

    Filed Date: 8/12/13.
    Accession Number: 20130812-5216.
    Comments Due: 5 p.m. ET 8/26/13.

    Docket Numbers: RP13-1244-000.
    Applicants: Northern Natural Gas Company.
    Description: 20130809 Annual Carlton Requirements to be effective
11/1/2013.
    Filed Date: 8/12/13.
    Accession Number: 20130812-5218.
    Comments Due: 5 p.m. ET 8/26/13.

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

    Dated: August 13, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-20134 Filed 8-16-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Notices]
[Pages 12775-12776]
[FR Doc No: 2016-05324]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77294; File No. SR-NYSEArca-2016-40]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Modify the NYSE
Arca Options Fee Schedule Relating to ByRDs Transaction Fees

March 4, 2016.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on March 1, 2016, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to modify the NYSE Arca Options Fee Schedule
(``Fee Schedule'') to address how the Exchange would treat transactions
in Binary Return Derivatives contracts (``ByRDs''). The Exchange
proposes to implement the fee change effective March 1, 2016. The
proposed rule change is available on the Exchange's Web site at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this filing is to propose revisions to the Fee
Schedule to address how the Exchange would treat transactions in ByRDs.
    The Exchange recently added rules related to ByRDs and plans to
launch trading in ByRDs in March 2016.\4\ To encourage trading in
ByRDs, the Exchange proposes to exempt transactions in ByRds from all
transaction fees and credits at this time., [sic] The Exchange also
proposes that any volume in ByRDs would be included in the calculations
to qualify for any volume-based incentives currently being offered on
the Exchange. Accordingly, the Exchange proposes to add Endnote 14 to
the Fee Schedule regarding the Rates for Standard Options transactions
to reflect this proposed change.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 77044 (February 3,
2016), 81 FR 6908 (February 3 [sic], 2016) (SR-Arca-2-16) (immediate
effectiveness filing adopting rules relating to ByRDs). ByRDs are
European-style option contracts on individual stocks, exchange-
traded funds (``ETFs'') and Index-Linked Securities that have a
fixed return in cash based on a set strike price; satisfy specified
listing criteria; and may only be excercised at expiration pursuant
to the Rules of the Options Clearing Corporation (the ``OCC'').
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    The Exchange believes the proposed treatment of ByRDs for purposes
of the Fee Schedule would further the Exchange's goal of introducing
new products to the marketplace by encouraging trading in these
products.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\5\ in general, and furthers the
objectives of sections 6(b)(4) and (5) of the Act,\6\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes the proposed change is reasonable and does
not unfairly discriminate between customers, issues, brokers, or
dealers, because the Exchange's treatment of ByRDs would apply equally
to all market participants that opted to trade ByRDs. Further, the
proposed change is reasonable and does not unfairly discriminate
because exempting ByRDs from transaction fees, while still including
any volume in ByRDs in the calculations to qualify for any volume-based
incentives offered on the Exchange would further the Exchange's goal of
introducing new products to the marketplace by encouraging trading in
these products. To the extent that the proposed change incentivizes any
market participants to direct their order flow to the Exchange, all
market participants would benefit from increased liquidity and trading
opportunities on the Exchange.

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

    In accordance with section 6(b)(8) of the Act,\7\ the Exchange does
not believe that the proposed rule change will impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The Exchange believes that the proposed change is
pro-competitive as it would further the Exchange's goal of introducing
new products to the marketplace and encouraging trading in these
products, which would in turn, benefit market participants. To the
extent that this purpose is achieved, all of the Exchange's market
participants should benefit from the improved market liquidity.
Enhanced market quality and increased transaction volume that results
from the anticipated increase in order flow directed to the Exchange
will benefit all market

participants and improve competition on the Exchange.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues. In
such an environment, the Exchange must continually review, and consider
adjusting, its fees and credits to remain competitive with other
exchanges. For the reasons described above, the Exchange believes that
the proposed rule change reflects this competitive environment.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
section 19(b)(3)(A) \8\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \9\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
section 19(b)(2)(B) \10\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \10\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NYSEArca-2016-40 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-NYSEArca-2016-40. 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 filing also will be available
for inspection and copying at the principal office of the Exchange. 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-NYSEArca-2016-40, and should be
submitted on or before March 31, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-05324 Filed 3-9-16; 8:45 am]
BILLING CODE 8011-01-P