[Federal Register Volume 84, Number 179 (Monday, September 16, 2019)]
[Proposed Rules]
[Pages 48572-48573]
[FR Doc No: 2019-19884]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0651; Airspace Docket No. 19-AGL-24]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; Tomahawk, WI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the Class E airspace extending
upward from 700 feet above the surface at Tomahawk Regional Airport,
Tomahawk, WI. The FAA is proposing this action as the result of an
airspace review requested by the Airspace Policy Group. The geographic
coordinates of the airport would also be updated to coincide with the
FAA's aeronautical database. Airspace redesign is necessary for the
safety and management of instrument flight rules (IFR) operations at
this airport.

DATES: Comments must be received on or before October 31, 2019.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2019-0651; Airspace Docket No. 19-AGL-24, at the beginning of your
comments. You may also submit comments through the internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    FAA Order 7400.11D, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11D at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; 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 the Class E airspace extending upward from 700 feet
above the surface at Tomahawk Regional Airport, Tomahawk, WI, to
support IFR operations at this airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2019-0651;
Airspace Docket No. 19-AGL-24.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://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 the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11D, Airspace
Designations and Reporting Points, dated August 8, 2019, and effective
September 15, 2019. FAA Order 7400.11D is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11D 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 Title 14 Code of Federal
Regulations (14 CFR) part 71 by amending the Class E airspace extending
upward from 700 feet above the surface to of the Tomahawk Regional
Airport, Tomahawk, WI, by adding an extension 2 miles each side of the
090[deg] bearing from the airport extending from the 6.4-mile radius to
9.4 miles east of the airport; adding an extension 2 miles each side of
the 270[deg] bearing from the airport extending from the 6.4-mile
radius to 9 miles west of the airport; and updating the geographic
coordinates of the airport to coincide with the FAA's aeronautical
database.
    This action is necessary due to an airspace review requested by the
Airspace Policy Group.

    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11D, dated August 8, 2019, and effective September 15,
2019, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would 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.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, 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 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AGL WI E5 Tomahawk, WI [Amended]

Tomahawk Regional Airport, WI
    (Lat. 45[deg]28'10'' N, long. 89[deg]48'18'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Tomahawk Regional Airport, and within 2
miles each side of the 090[deg] bearing from the airport extending
from the 6.4-mile radius to 9.4 miles east the airport, and within 2
miles each side of the 270[deg] bearing extending from the 6.4-mile
radius to 9 miles west of the airport.

    Issued in Fort Worth, Texas, on September 9, 2019.
Steve Szukala,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2019-19884 Filed 9-13-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 244 (Friday, December 18, 2020)]
[Rules and Regulations]
[Page 82356]
[FR Doc No: 2020-27255]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2020-0708]

Safety Zones; Annual Firework Displays Within Captain of the
Port, Puget Sound Area of Responsibility

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce one safety zone for an annual
firework display in the Area of Responsibility of the Captain of the
Port Sector Puget Sound. This action is necessary to protect life and
property from hazards associated with the firework display. During the
enforcement periods, entry into, transit through, mooring, or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port Sector Puget Sound or a Designated Representative.

DATES: The regulations in 33 CFR 165.1332 will be enforced for
Alderbrook Resort & Spa Fireworks display from 5 p.m. on December 31,
2020, through 1 a.m. on January 1, 2021.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Lieutenant Peter J. McAndrew,
Sector Puget Sound Waterways Management Division, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce regulations in
33 CFR 165.1332 for the safety zone established for Annual Fireworks
Displays in Hood Canal. These regulations will be enforced from 5 p.m.
on December 31, 2020, through 1 a.m. on January 1, 2021, at the
following locations:

----------------------------------------------------------------------------------------------------------------
             Event name                     Location                Latitude                  Longitude
----------------------------------------------------------------------------------------------------------------
Alderbrook Resort & Spa Fireworks..  Hood Canal............  47[deg]21.033' N......  123[deg]04.1' W.
----------------------------------------------------------------------------------------------------------------

    This action is necessary to provide for the safety of life on
navigable waterways during this event. Our annual fireworks displays
and other events in the Area of Responsibility of the Captain of the
Port Sector Puget Sound (AOR) that require safety zones are listed in
33 CFR 165.1332. During the enforcement periods, as reflected in Sec.
165.1332 (d), no vessel operator may enter, transit, moor, or anchor
within this safety zone, except for vessels authorized by the Captain
of the Port or Designated Representative.
    In addition to this notice of enforcement in the Federal Register,
the Coast Guard plans to provide notification of this enforcement
period via a Broadcast Notice to Mariners and a Local Notice to
Mariners.

    Dated: December 7, 2020.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the Port Sector Puget Sound.
[FR Doc. 2020-27255 Filed 12-17-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 189 (Monday, October 4, 2021)]
[Notices]
[Pages 54706-54707]
[FR Doc No: 2021-21515]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2014-0022]

Technical Mapping Advisory Council

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Committee Management; Notice of Federal Advisory Committee
meeting.

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SUMMARY: The Federal Emergency Management Agency (FEMA) Technical
Mapping Advisory Council (TMAC) will hold a virtual meeting on Tuesday,
October 19, 2021, and Wednesday, October 20, 2021. The meeting will be
open to the public via a Zoom Video Communications link.

DATES: The TMAC will meet on Tuesday, October 19, 2021, and Wednesday,
October 20, 2021 from 10 a.m. to 2 p.m. Eastern Time (ET) both days.
Please note that the meeting will close early if the TMAC has completed
its business.

ADDRESSES: The meeting will be held virtually using the following Zoom
Video Communications link (https://fema.zoomgov.com/j/1607295999) and
password (101460) to share meeting visuals and audio. Audio is also
accessible using a Zoom call in number (+1-669-254-5252) along with the
Meeting Identification<PHONE_NUMBER>) and password (101460). Members of
the public who wish to attend the virtual meeting must register in
advance by sending an email to<EMAIL_ADDRESS>(Attention: Brian
Koper) by 5 p.m. ET on Thursday, October 14, 2021. For information on
services for individuals with disabilities or to request special
assistance at the meeting, please contact the person listed below by
Thursday, October 14, 2021.
    To facilitate public participation, members of the public are
invited to provide written comments on the issues to be considered by
the TMAC, as listed in the SUPPLEMENTARY INFORMATION caption below.
Associated meeting materials will be available at the TMAC website
(https://www.fema.gov/flood-maps/guidance-partners/technical-mapping-advisory-council) for review by Thursday October 14, 2021. Written
comments to be considered by the committee at the time of the meeting
must be submitted and received by Thursday October 14, 2021, identified
by Docket ID FEMA-2014-0022, and submitted by one of the following
methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Email: Address the email to<EMAIL_ADDRESS>
Include the docket number in the subject line of the message. Include
name and contact information in the body of the email.
    Instructions: All submissions received must include the words
``Federal Emergency Management Agency'' and the docket number for this
action. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided.
    Docket: For docket access to read background documents or comments
received by the TMAC, go to http://www.regulations.gov and search for
the Docket ID FEMA-2014-0022.

    A public comment period will be held on Tuesday, October 19, 2021
from 11:30 a.m. to 12 p.m. ET and Wednesday, October 20, 2021 from
11:30 a.m. to 12 p.m. ET. The public comment period will not exceed 30
minutes. Please note that the public comment period may end before the
time indicated, following the last call for comments. Contact the
individual listed below to register as a speaker by close of business
on Thursday October 14, 2021.

FOR FURTHER INFORMATION CONTACT: Brian Koper, Designated Federal
Officer for the TMAC, FEMA, 400 C Street SW, Washington, DC 20024,
telephone<PHONE_NUMBER>, and email<EMAIL_ADDRESS>The TMAC
website is: https://www.fema.gov/flood-maps/guidance-partners/technical-mapping-advisory-council.

SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92-463).
    In accordance with the Biggert-Waters Flood Insurance Reform Act of
2012, the TMAC makes recommendations to the FEMA Administrator on: (1)
How to improve, in a cost-effective manner, the (a) accuracy, general
quality, ease of use, and distribution and dissemination of flood
insurance rate maps and risk data; and (b) performance metrics and
milestones required to effectively and efficiently map flood risk areas
in the United States; (2) mapping standards and guidelines for (a)
flood insurance rate maps, and (b) data accuracy, data quality, data
currency, and data eligibility; (3) how to maintain, on an ongoing
basis, flood insurance rate maps and flood risk identification; (4)
procedures for delegating mapping activities to State and local mapping
partners; and (5) (a) methods for improving interagency and
intergovernmental coordination on flood mapping and flood risk
determination, and (b) a funding strategy to leverage and coordinate
budgets and expenditures across Federal agencies. Furthermore, the TMAC
is required to submit an annual report to the FEMA Administrator that
contains: (1) A description of the activities of the Council; (2) an
evaluation of the status and performance of flood insurance rate maps
and mapping activities to revise and update Flood Insurance Rate Maps;
and (3) a summary of recommendations made by the Council to the FEMA
Administrator.
    Agenda: The purpose of this meeting is for the TMAC members to
discuss the draft content for the 2021 TMAC report. Any related
materials will be posted to the FEMA TMAC site prior to the meeting to
provide the public an opportunity to review the materials. The full
agenda and related meeting materials will be posted for review by
Thursday, October 14, 2021 at https://www.fema.gov/flood-maps/guidance-partners/technical-mapping-advisory-council.

Michael M. Grimm,
Assistant Administrator for Risk Management, Federal Emergency
Management Agency.
[FR Doc. 2021-21515 Filed 10-1-21; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Rules and Regulations]
[Pages 24942-24944]
[FR Doc No: 2018-11750]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 174

[EPA-HQ-OPP-2018-0040; FRL-9977-62]

Defensin Proteins Derived From Spinach in Citrus Plants;
Temporary Exemption From the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes a temporary exemption from the
requirement of a tolerance for residues of the spinach defensin
proteins SoD2, SoD2*, SoD7, and SoD8 in or on citrus when used as
plant-incorporated-protectants in accordance with the terms of
Experimental Use Permit (EUP) No. 88232-EUP-1. Southern Gardens Citrus
Nursery, LLC, submitted a petition to EPA under the Federal Food, Drug,
and Cosmetic Act (FFDCA), requesting the temporary tolerance exemption.
This regulation eliminates the need to establish a maximum permissible
level for residues of spinach defensin proteins SoD2, SoD2*, SoD7, and
SoD8. The temporary tolerance exemption expires on May 31, 2021.

DATES: This regulation is effective May 31, 2018. Objections and
requests for hearings must be received on or before July 30, 2018, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2018-0040, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Robert McNally, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; main telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

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

    You may access a frequently updated electronic version of 40 CFR
part 174 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

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

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2018-0040 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
July 30, 2018. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2018-0040, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background

    In the Federal Register of May 6, 2015 (80 FR 25943) (FRL-9926-99),
EPA previously established a temporary exemption from the requirement
of a tolerance in 40 CFR part 174.535 for residues of spinach defensin
proteins SoD2 and SoD7 in citrus. This exemption was established
concurrently with an Experimental Use Permit (88232-EUP-1). Both the
temporary tolerance exemption and EUP have expiration dates of April
18, 2018.
    In the Federal Register of March 1, 2018 (83 FR 8827) (FRL-9973-
57), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance
petition (PP 7G8630) by Southern Gardens Citrus Nursery, LLC, 1820
Country Road 833, Clewiston, FL 33440. The petition requested that the
temporary tolerance exemption established in 40 CFR part 174.535 be
amended and extended for residues of Spinach Defensin Proteins. Because
the temporary tolerance exemption expired before we could complete this
action, we are treating this as a petition to reestablish a temporary
tolerance exemption. The petition referenced a summary of the petition
prepared by the petitioner Southern Gardens Citrus Nursery, LLC, which
is available in the docket, http://www.regulations.gov. Comments were
received on the notice of filing. EPA's response to these comments is
discussed in Unit III.C.

III. Final Rule

A. EPA's Safety Determination

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption

from the requirement for a tolerance (the legal limit for a pesticide
chemical residue in or on a food) only if EPA determines that the
exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings, but does not include
occupational exposure. Pursuant to FFDCA section 408(c)(2)(B), in
establishing or maintaining in effect an exemption from the requirement
of a tolerance, EPA must take into account the factors set forth in
FFDCA section 408(b)(2)(C), which require EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.'' Additionally, FFDCA section 408(b)(2)(D) requires that the Agency
consider ``available information concerning the cumulative effects of a
particular pesticide's residues'' and ``other substances that have a
common mechanism of toxicity.''
    EPA has reviewed the available toxicity and exposure data on
spinach defensin proteins SoD2, SoD2*, SoD7, and SoD8 and considered
its validity, completeness and reliability, and the relationship of
this information to human risk. A full explanation of the data upon
which EPA relied and its risk assessment based on that data can be
found within the document entitled ``Federal Food, Drug, and Cosmetic
Act (FFDCA) Assessment of Defensin Proteins Derived from Spinach in
Citrus Plants'' dated April 27, 2018. This document, as well as other
relevant information, is available in the docket for this action as
described under ADDRESSES.
    Based upon available data, EPA concludes that spinach defensin
proteins SoD2, SoD2*, SoD7, and SoD8, do not show evidence of toxicity.
Moreover, there is no significant similarity between spinach defensin
proteins SoD2, SoD2*, SoD7, and SoD8 and known toxins and allergens. In
addition, as discussed in the ``Toxicological Profile'' in the April
27, 2018 FFDCA Assessment document, the spinach defensin proteins SoD2,
SoD2*, SoD7, and SoD8 readily digest in simulated gastric fluids.
Therefore, cumulative, chronic, and acute effects are unlikely.
Furthermore, the source of the defensin proteins, spinach, has long
been part of the human diet and there have been no findings that
indicate toxicity or allergenicity of spinach proteins.
    Given the lack of toxicity or allergenicity of the spinach defensin
proteins SoD2, SoD2*, SoD7, and SoD8, the Agency has not identified any
toxicological endpoints for assessing risk. Due to the lack of any
threshold effects, EPA has determined that the provision under FFDCA
section 408(b)(2)(C) to retain a 10X safety factor for the protection
of infants and children does not apply. Similarly, the lack of any
toxic mode of action or toxic metabolites means that there is no
available information concerning the cumulative effects of such
residues and other substances that have a common mechanism of toxicity
to be considered.
    Oral exposure to spinach defensin proteins SoD2, SoD2*, SoD7, and
SoD8 may occur from ingestion of citrus products, such as fruit and
juice. In addition, people have had a long history of consumption of
spinach and will continue to be exposed to defensin proteins through
consumption of spinach. Based on the lack of adverse effects and the
rapid digestibility of the proteins, however, the Agency does not
anticipate any risk from reasonably foreseeable levels of exposure.
Since the plant-incorporated protectant is integrated into the plant's
genome, the Agency has concluded, based upon previous science reviews,
that the plant-incorporated protectant will not likely be found in
ground or surface water and that residues in drinking water will be
extremely low or non-existent. Non-occupational exposure via the skin
or inhalation is not likely since the plant-incorporated protectant is
contained within plant cells, which essentially eliminates these
exposure routes or reduces these exposure routes to negligible levels
of exposure. In any event, there are no non-dietary non-occupational
uses of SoD2, SoD2*, SoD7, and SoD8 as they are only used in
agricultural settings.
    Based on its evaluation, EPA concludes that there is a reasonable
certainty that no harm will result from aggregate exposure to the U.S.
population, including infants and children, to the spinach defensin
proteins SoD2, SoD2*, SoD7, and SoD8. This includes all anticipated
dietary exposures and all other exposures for which there is reliable
information. The Agency has arrived at this conclusion because, as
previously discussed, there is no indication of toxicity or
allergenicity potential for the plant-incorporated protectant.
Therefore, a temporary exemption is established for residues of spinach
defensin SoD2, SoD2*, SoD7, and SoD8 proteins in or on citrus when the
proteins are used as plant-incorporated protectants in citrus plants.
This exemption is being established concurrently with an extension to
the Experimental Use Permit (EUP) No. 88232-EUP-1, and is therefore
being established on a temporary basis. Both the EUP and temporary
tolerance exemption will expire on May 31, 2021.

B. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing a temporary exemption from the requirement
of a tolerance without any numerical limitation.

C. Response to Comments

    Two comments were received in response to the Notice of Filing (83
FR 8827). Neither of these anonymous comments were relevant to the
proposed temporary tolerance exemption for spinach defensin proteins in
citrus. One comment pertained to wind turbines and the other pertained
to Chinese air quality.

IV. Statutory and Executive Order Reviews

    This action establishes a temporary exemption from the requirement
for a tolerance under FFDCA section 408(d) in response to a petition
submitted to the Agency. The Office of Management and Budget (OMB) has
exempted these types of actions from review under Executive Order
12866, entitled ``Regulatory Planning and Review'' (58 FR 51735,
October 4, 1993). Because this action has been exempted from review
under Executive Order 12866, this action is not subject to Executive
Order 13211, entitled ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) or Executive Order 13045, entitled ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997). This action does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA) (44 U.S.C. 3501 et seq.), nor does it require any special
considerations under Executive Order 12898, entitled ``Federal Actions
to Address Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition

under FFDCA section 408(d), such as the temporary tolerance exemption
in this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

V. Congressional Review Act

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

List of Subjects in 40 CFR Part 174

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

    Dated: May 22, 2018.
Robert McNally,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 174--[AMENDED]

0
1. The authority citation for part 174 continues to read as follows:

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

0
2. Revise Sec.  174.535 to read as follows:

Sec.  174.535  Spinach Defensin proteins; temporary exemption from the
requirement of a tolerance.

    Residues of the defensin proteins SoD2, SoD2*, SoD7, and SoD8
derived from spinach (Spinacia oleracea L.) in or on citrus food
commodities are temporarily exempt from the requirement of a tolerance
when used as a plant-incorporated protectant in citrus plants in
accordance with the terms of Experimental Use Permit No. 88232-EUP-1.
This temporary exemption from the requirement of a tolerance expires on
May 31, 2021.

[FR Doc. 2018-11750 Filed 5-30-18; 8:45 am]
 BILLING CODE 6560-50-P


FACAs for State and Local Governments August 20, 2003 Executive Order 13132 Federalism requires that EPA communicate with elected state and local officials. EPA's Office of State and Local Relations oversees communications with several groups under the Federal Advisory Committee Act ( FACA). At proposal of the Effluent Guidelines Program Plan for 2004/ 2005, EAD will contact these groups to alert them to the planning process and invite them to participate in the process of developing the Plan. Their recommendations will be considered in the current planning process as well as future cycles of the process.

One of these groups is referred to as the " Big 7 ( Plus) Associations" and includes the following members. A current table of these members and their contact information is attached. ° Council of State Governments ° Environmental Council of the States ° International City/ County Management Association ° National Association of Counties ° National Association of Towns and Townships ° National Conference of Black Mayors ° National Conference of State Legislatures ° National Governors' Association ° National League of Cities ° U. S. Conference of Mayors ° Western Governors' Association Another group is the State and Local Advisory Group, composed of the following 28 members: ° Mayor, Puerto Rico Municipality of Carolina ° Board of Supervisiors, Birdsnest, VA ° Mayor, Erwin, Tennessee ° Commissioner, Bartow Government, Cartersville, Georgia ° Town Manager, South Berwick Maine ° Judge, Wheeler County Court, Fossil, Oregon ° Polk County Manager, Des Moines, Iowa ° Manager, Matanuska Susitna Borough, Palmer, Alaska ° County Commissioner, Minden, Nevada ° Supervisor, Charter Township of Chocolay, Michigan ° Clerk Treasurer, Village of Baltic, Ohio ° Judge, Colin County, McKinney, Texas ° State Senator, Lincoln, Nebraska ° Assistant County Manager, Columbia, Missouri ° Health Director, Summit County Public Health Department ° Detroit Department of Environmental Affairs, Detroit Michigan ° Director, Nebraska Department of Environmental Quality, Lincoln, Nebraska ° Chair, Chester County Board of Commissioners, West Chester, Pennsylvania ° Mayor, Buffalo, New York ° International Council for Local Environmental Initiatives, Berkeley, California ° Director, Maryland Environmental Service, Annapolis, Maryland ° Private citizen, Jerome, Idaho ° League of Women Voters, Miami, Florida ° Mayor, South Bound Brook, New Jersey ° Executive Director, South Texas Water Authority, Kingsville, Texas ° Councillor, Richland County Council, Columbia, South Carolina ° Executive Director, Central Connecticut Regional Planning Agency, Bristol, Connecticut ° Private citizen, Gloucester, Massachusetts ° Water Pollution Control Associations Big 7 ( Plus) ASSOCIATIONS != 7 Association Executive Director Environmental Contact Phone and Email FAX Web Address Council of State Governments !

444 N. Capitol Street, N. W. Suite 205 Washington, DC 20001 Daniel M. Sprague Melissa McAllister ( 859) 244 8243 ( 202) 624 5452 www. csg. org Environmental Council of the States 444 N. Capitol Street, N. W. Suite 305 Washington, DC 20001 Steve Brown Steve Brown ( 202) 624 3660 sbrown@ sso. org ( 202) 624 3666 www. sso. org. ecos International City/ County !

Management Association 777 N. Capitol Street, NE Suite 500 Washington, DC 20002 Robert O'Neill Mosi Kitwana David George ( 202) 962 3649 ( 202) 962 3531 dgeorge@ icma. org ( 202) 962 3500 www. icma. org National Association of Counties !

440 First Street, N. W. Washington, DC 20001 Larry Naake Julie Ufner ( 202) 942 4269 jufner@ naco. org ( 202) 942 4281 www. naco. org National Association of Towns and Townships 444 N. Capitol Street, N. W. Suite 294 Washington, DC 20001 Thomas J. Halicki ( just announced he is leaving 3/ 03) Robert Vanasek ( 202) 624 3550 rvanasek@ sso. org ( 202) 624 3554 www. natat. org National Conference of Black Mayors 1151 Cleveland Avenue East Point, GA 30344 Michele Kouroma Michele Kouroma John Rosenthal ( DC Rep) ( 202) 481 6784 ( 404) 765 6444 ncbmmay@ aol. com ( 404) 765 6430 www. blackmayors. org National Conference of !

State Legislatures 444 N. Capitol St., NW Suite 515 Washington, DC 20001 William Pound Larry Morandi ( in Denver)

Molly Stauffer ( in DC) ( 303) 830 2200 Larry. Morandi@ ncsl. org ( 202) 624 3582 molly. stauffer@ ncsl. org ( 202) 737 1069 ( 303) 863 8003 www. ncsl. org National Governors' Association !

444 N. Capitol St., NW Suite 267 Washington, DC 20001 Ray Scheppach Diane Shea ( 202) 624 5389 dshea@ nga. org ( 202) 624 5313 www. nga. org National League of Cities !

1301 Pennsylvania Ave., NW Washington, DC 20001 Don Borut 202. 626.3010  Val ( Asst) Carol Kocheisen Sr. Leg. Counsel Katherine Bates ( 202) 626 3028 kocheisen@ nlc. org 202/ 626 3027 bates@ nlc. org ( 202) 626 3043 www. nlc. org U. S. Conference of Mayors !

1620 Eye St., NW Fourth Floor Washington, DC 20006 Tom Cochran Dave Gatton ( DED) Judy Sheahan ( 202) 861 6781 srobinson@ usmayors. org ( 202) 293 2352 www. usmayors. org Western Governors' Association 444 N. Capitol St., NW Suite 388 Washington, DC 20001 James M. Souby James M. Souby ( 303) 623 9378 ( 303) 534 7309 www. westgov. org


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[Federal Register Volume 77, Number 222 (Friday, November 16, 2012)]
[Rules and Regulations]
[Pages 68681-68682]
[FR Doc No: 2012-27834]

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

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2012-0652; Airspace Docket No. 12-ACE-4]

Amendment of Class E Airspace; Anthony, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace at Anthony, KS. Additional
controlled airspace is necessary to accommodate new Area Navigation
(RNAV) Standard Instrument Approach Procedures at Anthony Municipal
Airport. The FAA is taking this action to enhance the safety and
management of Instrument Flight Rule (IFR) operations at the airport.

DATES: Effective date: 0901 UTC, January 10, 2013. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone 817-321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On August 2, 2012, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to amend Class E airspace for the
Anthony, KS, area, creating additional controlled airspace at Anthony
Municipal Airport (77 FR 45983) Docket No. FAA-2012-0652. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received. Class E airspace designations are published in paragraph
6005 of FAA Order 7400.9W dated August 8, 2012, and effective September
15, 2012, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by amending Class E airspace extending upward from 700 feet
above the surface to accommodate new standard instrument approach
procedures at Anthony Municipal Airport, Anthony, KS. This action is
necessary for the safety and management of IFR operations at the
airport.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, 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 amends controlled airspace at Anthony Municipal Airport, Anthony,
KS.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

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

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

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

    Authority:  49 U.S.C. 106(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 the Federal
Aviation Administration Order 7400.9W, Airspace Designations and
Reporting Points, dated August 8, 2012, and effective September 15,
2012, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface.

* * * * *

ACE KS E5 Anthony, KS [Amended]

Anthony Municipal Airport, KS
    (Lat. 37[deg]09'31'' N., long. 98[deg]04'47'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Anthony Municipal Airport, and within 2
miles each side of the 000[deg] bearing from the airport extending
from the 6.4-mile radius to 12 miles north of the airport.

    Issued in Fort Worth, Texas, on October 25, 2012.
David P. Medina,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2012-27834 Filed 11-15-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: February 12, 2007 (Volume 72, Number 28)]
[Notices]
[Page 6548]
[DOCID:fr12fe07-57]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL07-33-000]

California Independent System Operator Corporation; Notice of
Filing

February 5, 2007.
    Take notice that on January 25, 2007, California Independent System
Operator Corporation tendered for filing a Petition for Declaratory
Order as required by 18 CFR 381.302(a).
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to 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 e-mail
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 on March 1, 2007.

Magalie R. Salas,
Secretary.
[FR Doc. E7-2278 Filed 2-9-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Notices]
[Pages 75874-75875]
[FR Doc No: 2016-26305]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 32338; File No. 812-14652]

Hartford Mutual Funds Inc., et al.; Notice of Application

October 26, 2016.
AGENCY:  Securities and Exchange Commission (``Commission'').

ACTION:  Notice of an application for an order pursuant to: (a) Section
6(c) of the Investment Company Act of 1940 (``Act'') granting an
exemption from sections 18(f) and 21(b) of the Act; (b) section
12(d)(1)(J) of the Act granting an exemption from section 12(d)(1) of
the Act; (c) sections 6(c) and 17(b) of the Act granting an exemption
from sections 17(a)(1), 17(a)(2) and 17(a)(3) of the Act; and (d)
section 17(d) of the Act and rule 17d-1 under the Act to permit certain
joint arrangements and transactions. Applicants request an order that
would permit certain registered open-end management investment
companies to participate in a joint lending and borrowing facility.

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

    Applicants: The Hartford Mutual Funds, Inc., The Hartford Mutual
Funds II, Inc., Hartford Series Fund, Inc. and Hartford HLS Series Fund
II, Inc. (each a ``Corporation'' and collectively, the
``Corporations''), each a Maryland corporation registered under the Act
as an open-end management investment company with multiple series and
Hartford Funds Management Company, LLC (the ``Initial Adviser''), a
Delaware limited liability company registered as an investment adviser
under the Investment Advisers Act of 1940.
    Filing Dates: The application was filed on May 20, 2016, and
amended on August 26, 2016.
    Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail.
    Hearing requests should be received by the Commission by 5:30 p.m.
on November 21, 2016 and should be accompanied by proof of service on
the applicants, in the form of an affidavit, or, for lawyers, a
certificate of service. Pursuant to Rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish to be
notified of a hearing may request notification by writing to the
Commission's Secretary.

ADDRESSES:  Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090; Applicants: 5 Radnor Corporate
Center, 100 Matsonford Road, Suite 300, Radnor, PA 19087.

FOR FURTHER INFORMATION CONTACT:  Jessica Shin, Attorney-Adviser, at
(202) 551-5921 or David J. Marcinkus, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION:  The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.
    Summary of the Application:
    1. Applicants request an order that would permit the applicants to
participate in an interfund lending facility where each Fund could lend
money directly to and borrow money directly from other Funds to cover
unanticipated cash shortfalls, such as unanticipated redemptions or
trade fails.\1\ The Funds will not borrow under the facility for
leverage purposes and

the loans' duration will be no more than 7 days.\2\
---------------------------------------------------------------------------

    \1\ Applicants request that the order apply to the applicants
and to any existing or future registered open-end management
investment company or series thereof for which the Initial Adviser
or any successor thereto or an investment adviser controlling,
controlled by, or under common control with the Initial Adviser or
any successor thereto serves as investment adviser (each a ``Fund''
and collectively the ``Funds'' and each such investment adviser an
``Adviser''). For purposes of the requested order, ``successor'' is
limited to any entity that results from a reorganization into
another jurisdiction or a change in the type of a business
organization.
    \2\ Any Fund, however, will be able to call a loan on one
business day's notice.
---------------------------------------------------------------------------

    2. Applicants anticipate that the proposed facility would provide a
borrowing Fund with a source of liquidity at a rate lower than the bank
borrowing rate at times when the cash position of the Fund is
insufficient to meet temporary cash requirements. In addition, Funds
making short-term cash loans directly to other Funds would earn
interest at a rate higher than they otherwise could obtain from
investing their cash in repurchase agreements or certain other short
term money market instruments. Thus, applicants assert that the
facility would benefit both borrowing and lending Funds.
    3. Applicants agree that any order granting the requested relief
will be subject to the terms and conditions stated in the application.
Among others, the Adviser, through a designated committee, would
administer the facility as a disinterested fiduciary as part of its
duties under the investment management agreements with the Funds and
would receive no additional fee as compensation for its services in
connection with the administration of the facility. The facility would
be subject to oversight and certain approvals by the Funds' Board,
including, among others, approval of the interest rate formula and of
the method for allocating loans across Funds, as well as review of the
process in place to evaluate the liquidity implications for the Funds.
A Fund's aggregate outstanding interfund loans will not exceed 15% of
its net assets, and the Fund's loans to any one Fund will not exceed 5%
of the lending Fund's net assets.\3\
---------------------------------------------------------------------------

    \3\ Under certain circumstances, a borrowing Fund will be
required to pledge collateral to secure the loan.
---------------------------------------------------------------------------

    4. Applicants assert that the facility does not raise the concerns
underlying section 12(d)(1) of the Act given that the Funds are part of
the same group of investment companies and there will be no duplicative
costs or fees to the Funds.\4\ Applicants also assert that the proposed
transactions do not raise the concerns underlying sections 17(a)(1),
17(a)(3), 17(d) and 21(b) of the Act as the Funds would not engage in
lending transactions that unfairly benefit insiders or are detrimental
to the Funds. Applicants state that the facility will offer both
reduced borrowing costs and enhanced returns on loaned funds to all
participating Funds and each Fund would have an equal opportunity to
borrow and lend on equal terms based on an interest rate formula that
is objective and verifiable. With respect to the relief from section
17(a)(2) of the Act, applicants note that any collateral pledged to
secure an interfund loan would be subject to the same conditions
imposed by any other lender to a Fund that imposes conditions on the
quality of or access to collateral for a borrowing (if the lender is
another Fund) or the same or better conditions (in any other
circumstance).\5\
---------------------------------------------------------------------------

    \4\ Applicants state that the obligation to repay an interfund
loan could be deemed to constitute a security for the purposes of
sections 17(a)(1) and 12(d)(1) of the Act.
    \5\ Applicants state that any pledge of securities to secure an
interfund loan could constitute a purchase of securities for
purposes of section 17(a)(2) of the Act.
---------------------------------------------------------------------------

    5. Applicants also believe that the limited relief from section
18(f)(1) of the Act that is necessary to implement the facility
(because the lending Funds are not banks) is appropriate in light of
the conditions and safeguards described in the application and because
the Funds would remain subject to the requirement of section 18(f)(1)
that all borrowings of a Fund, including combined interfund loans and
bank borrowings, have at least 300% asset coverage.
    6. Section 6(c) of the Act permits the Commission to exempt any
persons or transactions from any provision of the Act if such exemption
is necessary or appropriate in the public interest and consistent with
the protection of investors and the purposes fairly intended by the
policy and provisions of the Act. Section 12(d)(1)(J) of the Act
provides that the Commission may exempt any person, security, or
transaction, or any class or classes of persons, securities, or
transactions, from any provision of section 12(d)(1) if the exemption
is consistent with the public interest and the protection of investors.
Section 17(b) of the Act authorizes the Commission to grant an order
permitting a transaction otherwise prohibited by section 17(a) if it
finds that (a) the terms of the proposed transaction are fair and
reasonable and do not involve overreaching on the part of any person
concerned; (b) the proposed transaction is consistent with the policies
of each registered investment company involved; and (c) the proposed
transaction is consistent with the general purposes of the Act. Rule
17d-1(b) under the Act provides that in passing upon an application
filed under the rule, the Commission will consider whether the
participation of the registered investment company in a joint
enterprise, joint arrangement or profit sharing plan on the basis
proposed is consistent with the provisions, policies and purposes of
the Act and the extent to which such participation is on a basis
different from or less advantageous than that of the other
participants.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Brent J. Fields,
Secretary.
[FR Doc. 2016-26305 Filed 10-31-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Notices]
[Pages 74420-74421]
[FR Doc No: 2016-25836]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2485-073]

FirstLight Hydro Generating Company; Notice of Application
Accepted for Filing, Soliciting Comments, Motions To Intervene, and
Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Application for Temporary Amendment of
Minimum and Maximum Reservoir Elevation Requirement.
    b. Project No.: 2485-073.
    c. Date Filed: September 16, 2016.
    d. Applicant: FirstLight Hydro Generating Company (FirstLight).
    e. Name of Project: Northfield Mountain Pumped Storage Project.
    f. Location: The project is located on the east side of the
Connecticut River, in the towns of Northfield and Erving, in Franklin
County, Massachusetts.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Gus Bakas, Director--Massachusetts Hydro,
FirstLight Hydro Generating Company, Northfield Mountain Station, 99
Millers

Falls Road, Northfield, MA 01360. Phone<PHONE_NUMBER>.
    i. FERC Contact: Mr. Christopher Chaney,<PHONE_NUMBER>, or
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and protests
is 30 days from the issuance date of this notice by the Commission. The
Commission strongly encourages electronic filing. Please file motions
to intervene, protests, or comments using the Commission's eFiling
system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426. Please include the project number (P-
2485-073) on any comments, motions to intervene, or protests filed.
    k. Description of Request: FirstLight is seeking authorization to
modify the upper reservoir's upper and lower water surface elevation
limits from 1,000.5 feet mean sea level (msl) and 938 feet msl, to
1,004.5 feet msl and 920 feet msl, respectively. FirstLight proposes to
use the additional storage capacity between December 1, 2016, and March
31, 2017. According to FirstLight, approval of changes in the water
surface elevation limits would result in an increase in the maximum
daily generation from 8,729 megawatt-hours (MWh) to 10,779 MWh, and
provide Independent System Operator-New England with additional
resources to address winter reliability needs.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits
in the docket number field to access the document (i.e., P-2485). You
may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, call 1-866-
208- 3676 or email<EMAIL_ADDRESS>for TTY, call (202) 502-
8659. A copy is also available for inspection and reproduction at the
address in item (h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). All comments, motions to intervene, or protests should relate
to the amendment request. Agencies may obtain copies of the application
directly from the applicant. A copy of any protest or motion to
intervene must be served upon each representative of the applicant
specified in the particular application. If an intervener files
comments or documents with the Commission relating to the merits of an
issue that may affect the responsibilities of a particular resource
agency, they must also serve a copy of the document on that resource
agency. A copy of all other filings in reference to this application
must be accompanied by proof of service on all persons listed in the
service list prepared by the Commission in this proceeding, in
accordance with 18 CFR 4.34(b) and 385.2010.

    Dated: October 20, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-25836 Filed 10-25-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Notices]
[Pages 60959-60960]
[FR Doc No: 2018-25712]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2016-0128]

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

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

ACTION: Notice.

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

DATES: The public meeting will be held on December 18, 2018 from 9:00
a.m. to 5:00 p.m. ET and December 19, 2018, from 8:30 a.m. to 5:00 p.m.
ET. Members of the public who wish to attend in person should register
no later than December 11, 2018. Individuals requiring accommodations,
such as sign language interpretation or other ancillary aids, may
notify PHMSA by December 11, 2018. For additional information, see the
ADDRESSES section.

ADDRESSES: The meeting will be held at the U.S. Department of
Transportation, 1200 New Jersey Ave. SE, Washington, DC 20590. The
meeting agenda and additional information will be published on the
following VIS Working Group registration page at: https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=141.
    The meeting will not be webcast; however, presentations will be
available on the meeting website and posted on the E-Gov website,
https://www.regulations.gov, under docket number PHMSA-2016-0128 within
30 days following the meeting.
    Public Participation: This meeting will be open to the public.
Members of the public who attend in person will also be provided an
opportunity to make a statement during the meeting.
    Written Comments: Persons who wish to submit written comments on
the meeting may submit them to the docket in the following ways:
    E-Gov Website: https://www.regulations.gov. This site allows the
public to enter comments on any Federal Register notice issued by any
agency.
    Fax: 1-202-493-2251.
    Mail: Docket Management Facility; U.S. Department of Transportation
(DOT), 1200 New Jersey Avenue SE, West Building, Room W12-140,
Washington, DC 20590-0001.
    Hand Delivery: Room W12-140 on the ground level of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC, between 9:00 a.m.
and 5:00 p.m., Monday through Friday, except on Federal holidays.
    Instructions: Identify the docket number PHMSA-2016-0128 at the
beginning of your comments. Note that all comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided.
    Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). Therefore, consider reviewing DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000, (65 FR 19477), or view the Privacy Notice at https://www.regulations.gov before submitting comments.
    Docket: For docket access or to read background documents or
comments, go to https://www.regulations.gov at any time or to Room W12-
140 on the ground level of the DOT West Building, 1200 New Jersey
Avenue SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday
through Friday, except Federal holidays.
    If you wish to receive confirmation of receipt of your written
comments, please include a self-addressed, stamped postcard with the
following statement: ``Comments on PHMSA-2016- 0128.'' The docket clerk
will date stamp the postcard prior to returning it to you via the U.S.
mail.

Privacy Act Statement

    DOT may solicit comments from the public regarding certain general
notices. DOT posts these comments, without edit, including any personal
information the commenter provides, to https://www.regulations.gov, as
described in the system of records notice (DOT/ALL-14 FDMS), which can
be reviewed at https://www.dot.gov/privacy.

Services for Individuals With Disabilities

    The public meeting will be physically accessible to people with
disabilities. Individuals requiring accommodations, such as sign
language interpretation or other ancillary aids, are asked to notify
Dr. Christie Murray at [email protected].

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

SUPPLEMENTARY INFORMATION:

I. Background

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

II. Meeting Details and Agenda

    The VIS Working Group agenda will include briefings on topics such
as mandate requirements, integrity management, data types and tools,
in-line inspection and other direct assessment methods, geographic
information system implementation, subcommittee considerations, lessons
learned, examples of existing information-sharing systems, safety
management systems, and more. As part of its work, the committee will
ultimately provide recommendations to the Secretary as required and
specifically outlined in Section 10 of Public Law 114-183, addressing:
    (a) The need for, and the identification of, a system to ensure
that dig verification data are shared with in-line inspection operators
to the extent consistent with the need to maintain proprietary and
security-sensitive data in a confidential manner to improve pipeline
safety and inspection technology;

    (b) Ways to encourage the exchange of pipeline inspection
information and the development of advanced pipeline inspection
technologies and enhanced risk analysis;
    (c) Opportunities to share data, including dig verification data
between operators of pipeline facilities and in-line inspector vendors
to expand knowledge of the advantages and disadvantages of the
different types of in-line inspection technology and methodologies;
    (d) Options to create a secure system that protects proprietary
data while encouraging the exchange of pipeline inspection information
and the development of advanced pipeline inspection technologies and
enhanced risk analysis;
    (e) Means and best practices for the protection of safety and
security-sensitive information and proprietary information; and
    (f) Regulatory, funding, and legal barriers to sharing the
information described in paragraphs (a) through (d).
    The Secretary will publish the VIS Working Group's recommendations
on a publicly available DOT website and in the docket. The VIS Working
Group will fulfill its purpose once its recommendations are published
online.
    PHMSA will publish the agenda on the PHMSA meeting page at: https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=141, once it is
finalized.

    Issued in Washington, DC, on November 20, 2018, under authority
delegated in 49 CFR 1.97.
Massoud Tahamtani,
Deputy Associate Administrator for Policy and Programs.
[FR Doc. 2018-25712 Filed 11-26-18; 8:45 am]
 BILLING CODE 4910-60-P


[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Proposed Rules]
[Pages 29584-29586]
[FR Doc No: 2023-09049]

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

Coast Guard

33 CFR Part 117

[Docket No. USCG-2023-0185]
RIN 1625-AA09

Drawbridge Operation Regulation; Sandusky Bay, Sandusky, OH

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating regulations
and signaling requirements that govern the Norfolk Southern Railroad
Bridge, mile 3.5, over the Sandusky Bay. Further, the Coast Guard also
proposes adding information to clarify when and how wind blockers may
be used on the Norfolk Southern Railroad Bridge, mile 3.5. We invite
your comments on this proposed rulemaking.

DATES: Comments and related material must reach the Coast Guard on or
before July 7, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0185 using Federal Decision-Making Portal at https://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Mr. Lee D. Soule, Bridge Management
Specialist, Ninth Coast Guard District; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IGLD International Great Lakes Datum of 1985
LWD Low Water Datum based on IGLD85
MPH Miles Per Hour
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    Located on the south shore of Lake Erie, Sandusky Bay extends west
from its entrance between Cedar Point and Bay Point for about 15 miles
to Muddy Creek Bay. The Sandusky River flows into the south side of
Muddy Creek Bay. Recreational and commercial small craft can navigate
through Sandusky Bay, Muddy Creek Bay, and upstream in the Sandusky
River for about 15 miles to the Norfolk Southern Railroad Bridge at the
town of Fremont, Ohio. The only movable bridge over the Sandusky Bay is
the Norfolk Southern Railroad Bridge, mile 3.5.
    Sandusky Bay is one of the principal waterways in northern Ohio and
its shoreline covers three counties. International commerce is heavy
enough in the area that the U.S. Customs and Border Protection opened a
Sandusky Bay Station in 2012. The south shore of Sandusky Bay boasts
one of the largest rail-to-ship coal loading facilities in the Great
Lakes and is home to over 35 recreational vessel marinas and boat
ramps. Commercial fishing vessels, uninspected charter vessels, power
boat rental agencies, sailing vessels, and water-skiers pass through
the draw of the Norfolk Southern Railroad Bridge, mile 3.5 daily in the
summertime.
    Cedar Point amusement park and marina, near the mouth of Sandusky
Bay, hosts 21,232 visitors each day, except for holidays and special
events when visitor numbers average 60,000 people a day.
    The Norfolk Southern Railroad Bridge, mile 3.5, is a single leaf
bascule bridge in the center of a long causeway that provides a
horizontal clearance of 64-feet and a vertical clearance of 9-feet in
the closed position and an unlimited clearance in the open clearance
based on LWD. The bridge is remotely operated by the Norfolk Southern
Railroad Bridge, mile 5.76, at Toledo and is regulated by 33 CFR
117.853. The bridge is required to open on signal, except from November
through April the bridge is required to open if a 24-hour advance
notice is provided.
    In 2009, the Coast Guard posted in the Federal Register (74 FR
63612) a final rule adding the authority for the bridge to operate
remotely, but the Coast Guard did not update or modernize the rest of
the regulation. Much of the current regulation remains the same as it
was listed in the Federal Register in 1984 (49 FR 17452).
    In addition to modernizing the regulation, the Coast Guard also
hopes the proposed rule will address two specific concerns the Coast
Guard has noted as it relates to the operation of the Norfolk Southern
Railroad Bridge, mile 3.5: the responsiveness of drawtenders to marine
traffic and improved processes as it relates to the use of wind
blockers. The Coast Guard has received several complaints, mostly
informal, on the operations of the bridge, specifically complaints that
the remote drawtender are, at times, non-responsive to telephone and
radio calls from mariners. The Coast Guard is proposing new
requirements to address these complaints. As it relates to wind
blockers, when the winds exceed 40 mph there is a danger that
lightweight railcars could be blown off the causeway. These half-
floating railcars are a potential hazard to motorists and marine
traffic. During wind events, the railroad routinely sets upwind
blockers composed of heavy railcars on the parallel track to block the
wind. The heavier railcars protect the lighter cars from the effects of
the wind as said lighter cars transit the bridge. When in place, the
heavy wind blocking trains prevent the bridge from opening.
Accordingly, the railroad must coordinate with the local Coast Guard
Sector office before posting wind

blockers, as the wind blockers may disrupt a bridge's posted operating
schedule. Often, there is confusion on how long the wind blocker can be
posted and when it needs to be moved to allow vessels to pass through
the bridge. The Coast Guard is proposing new language that will specify
when a wind blocker is appropriate and stipulate how it will be used by
the railroad.
    The winter hours allowing for a 24-hour advance notice was popular
when the U.S. Army Corps of Engineers regulated bridges before the 1966
Transportation Act transferred those duties to the U.S. Coast Guard.

III. Discussion of Proposed Rule

    To enhance communications and insist that the remote drawtender
answer the telephone, we propose to require the remote drawtender
operate and maintain a telephone so boaters can call. We intend to
continue the requirement of maintaining a VHF-FM Marine Radio
Telephone.
    The remote bridge operator for Norfolk Southern Railroad Bridge,
mile 3.5, the subject of this regulation, is physically located at
Norfolk Southern Railroad Bridge, mile 5.76, in Toledo. Currently, the
winter advance notice requirements for the two bridges are different;
which can be confusing to the drawtender. We propose to match the
requirements of the Norfolk Southern Railroad Bridge, mile 5.76, with
Norfolk Southern Railroad Bridge, mile 3.5.
    Over the past few years, the Norfolk Southern Railroad Bridge, mile
3.5, has been programed to automatically open after a train clears the
block. This has greatly reduced complaints and improved the flow of
traffic in the waterway. We are proposing to include this as a
requirement in the new regulation to ensure that said operations, which
greatly benefit marine traffic, are not interrupted by personnel
changes at the Railroad.
    Norfolk Southern Railroad historically has placed a wind blocker on
the bridge when the predicted winds will exceed 40 mph. As discussed
earlier, a wind blocker is a heavy train that, when posted on a bridge,
shields lighter trains from the effects of wind. Normally the Norfolk
Southern Railroad Bridge, mile 5.76, at Toledo, drawtender will call
USCG Sector Detroit and request to place the wind blocker. However, at
times, drawtenders don't provide sufficient information to the Sector,
making it difficult for Sector to effectively act on said requests.
Still at other times, wind blockers can be found on bridges well before
or after a wind event, delaying or otherwise frustrating the opening of
the bridge for vessels. We are proposing a clause to remedy these
issues.

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 these statutes and Executive Orders.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the ability that
vessels can still transit the bridge given advanced notice.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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
bridge 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 call for no 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 will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1,

associated implementing instructions, and Environmental Planning Policy
COMDTINST 5090.1 (series), which guide the Coast Guard in complying
with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C.
4321-4370f). The Coast Guard has 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 proposed rule
promulgates the operating regulations or procedures for drawbridges.
Normally such actions are categorically excluded from further review,
under paragraph L49, of chapter 3, Table 3-1 of the U.S. Coast Guard
Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

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.
    Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0185 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If your material cannot be submitted using https://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive. 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 of any posting or updates to the docket.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020).

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

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

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 00170.1, Revision 01.3.

0
2. Revise Sec.  117.853 to read as follows:

Sec.  117.853  Sandusky Bay.

    The draw of the Norfolk Southern Railroad Bridge, mile 3.5, is
remotely operated, and is required, in addition to the other signals,
to operate a radiotelephone and telephone. It will remain open, except
for the passage of trains, from April 1 through October 31. If the
winds are predicted to be over 40 MPH, a wind blocker is authorized,
and the bridge will open with a 2-hour advance notice of a vessel's
time of intended passage through the draw until the end of the wind
event. The drawtender will request the cognizant USCG Sector to issue a
broadcast notice to mariners to alert vessels of the wind blocker and
the 2-hour advance notice requirement. At all other times, the bridge
will open if provided at least a 12-hour advance notice.

M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2023-09049 Filed 5-5-23; 8:45 am]
BILLING CODE 9110-04-P