[Federal Register: September 28, 2009 (Volume 74, Number 186)]
[Notices]
[Page 49374-49375]
[DOCID:fr28se09-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP09-17-000]

Florida Gas Transmission Company, LLC; Notice of Availability of
the Environmental Impact Statement for the Proposed Phase VIII
Expansion Project

September 18, 2009.
    The staff of the Federal Energy Regulatory Commission (Commission
or FERC) has prepared a final environmental impact statement (EIS) for
the construction and operation of natural gas pipeline facilities
proposed by Florida Gas Transmission Company, LLC (FGT) in the above
referenced docket. FGT's Phase VIII Expansion Project (Project) would
be located in various counties in southern Alabama and throughout
Florida.
    The final EIS was prepared to satisfy the requirements of the
National Environmental Policy Act of 1969 (NEPA). The FERC staff
concludes that approval of the proposed project, with the appropriate
mitigation measures as recommended, would have some adverse
environmental impact. However, most of these impacts would be reduced
to less-than significant levels with the implementation of the
applicant's proposed mitigation measures and the additional measures we
recommend in the EIS.
    The U.S. Army Corps of Engineers (COE) and U.S. Department of
Agriculture Forest Service (USFS) participated as cooperating agencies
in the preparation of the EIS. Cooperating agencies have jurisdiction
by law or special expertise with respect to resources potentially
affected by the proposal and participate in the NEPA analysis. The
Project would require permits from the COE pursuant to Section 404 of
the Clean Water Act (33 United States Code [U.S.C.] 1344) and Section
10 of the Rivers and Harbors Act (33 USC 403). The COE would adopt the
EIS per Title 40 of the Code of Federal Regulations, Part 1501.3 if,
after an independent review of the document, it concludes that its
comments and suggestions have been satisfied. The USFS manages all
federal lands (the Apalachicola National Forest) that would be crossed
by this Project. A special-use permit would be issued by the USFS for
the existing right-of-way for two existing pipelines (a 30-inch and a
36-inch-diameter) and the proposed additional 36-inch-diameter
pipeline. This additional pipeline would require an additional 40 feet
of right-of-way adjacent to the existing right-of-way. By participating
as a cooperating agency, the USFS has obtained the views of the public
prior to reaching an easement decision.
    The final EIS addresses the potential environmental effects of the
construction and operation of the following facilities:
     Construction and operation of about 357.3 miles of looping
\1\ various diameters of pipeline in Mobile, Baldwin, and Escambia
Counties, Alabama and Escambia, Santa Rosa, Okaloosa, Walton,
Washington, Jackson, Bay, Calhoun, Gadsden, Leon, Jefferson, Taylor,
Lafayette, Suwannee, Gilchrist, Levy, Citrus, Hernando, Pasco,
Hillsborough, and Miami-Dade Counties, Florida;
---------------------------------------------------------------------------

    \1\ A loop is a segment of pipeline that is usually installed
adjacent to an existing pipeline and connected to it at both ends.
The loop allows more gas to be moved through the system.
---------------------------------------------------------------------------

     Construction and operation of about 125.9 miles of 20, 24,
and 30-inch-diameter pipelines in Lafayette, Madison, Manatee, DeSoto,
Highlands, Okeechobee, Martin, and Suwannee Counties, Florida;
     Acquisition from Florida Power & Light Company of a 22.7-
mile-long, 20-inch-diameter pipeline located in Martin County, Florida;
     Installation of a total of about 198,000 horsepower (hp)
of compression at 8 existing compressor stations;
     Installation of one new 15,600 hp compressor station in
Highlands County, Florida; and
     Construction and operation of three new meter and
regulator (M&R) Stations in Suwannee, Manatee, and Martin Counties,
Florida; upgrade two existing M&R Stations in Mobile County, Alabama
and Martin County, Florida; and construct one new regulator station in
Lafayette County, Florida.
    The final EIS has been placed in the public files of the FERC and
the COE and is available for public inspection at:

Federal Energy Regulatory Commission, Public Reference Room, 888 First
Street, NE., Room 2A, Washington, DC 20426.<PHONE_NUMBER>.
U.S. Army Corps of Engineers, Jacksonville District, 701 San Marco
Boulevard, Jacksonville, Florida 32207.<PHONE_NUMBER>.
U.S. Forest Service, Apalachicola National Forest, 57 Taft Drive,
Crawfordville, Florida 32327.<PHONE_NUMBER>.

    Copies of the final EIS have been mailed to Federal, State, and
local government agencies; elected officials; Native American Tribes;
local libraries

and newspapers; intervenors in the FERC's proceeding; individuals who
provided scoping comments; and individuals who requested to remain on
the environmental mailing list. Hard copy versions of this EIS were
mailed to those specifically requesting them, and all others received a
CD-ROM. A limited number of hard copies and CD-ROMs are available in
the Public Reference Room identified above.
    Additional information about the Project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC (3372) or on
the FERC Internet Web site (http://www.ferc.gov). Using the
``eLibrary'' link, select ``General Search'' from the eLibrary menu,
enter the selected date range and ``Docket Number,'' excluding the last
three digits in the Docket Number field (i.e., CP09-17), and follow the
instructions. You may also search using the phrase ``FGT Phase VIII
Expansion Project'' in the ``Text Search'' field. For assistance with
access to eLibrary, the helpline can be reached at 1-866-208-3676, TTY
(202) 502-8659, or at<EMAIL_ADDRESS>The eLibrary link on
the FERC Internet Web site also provides access to the texts of formal
documents issued by the Commission, such as orders, notices, and
rulemakings.
    In addition, the Commission offers a free service called
eSubscription that allows you to keep track of all formal issuances and
submittals in specific dockets. This can reduce the amount of time you
spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. To register for this service, go to http://www.ferc.gov/
esubscribenow.htm.
    Information concerning the involvement of the COE is available from
Beverlee Lawrence at<PHONE_NUMBER>, and information concerning the
involvement of the Apalachicola National Forest is available from
Harold Shenk at<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-23283 Filed 9-25-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Rules and Regulations]
[Pages 17496-17498]
[FR Doc No: 2018-08309]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2017-0185; FRL-9971-54]

Bacillus Licheniformis Strain FMCH001; Exemption From the
Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of Bacillus licheniformis strain FMCH001 in
or on all food commodities when used in accordance with label
directions and good agricultural practices. FMC Corporation submitted a
petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA),
requesting the exemption from a requirement of a tolerance. This
regulation eliminates the need to establish a maximum permissible level
for residues of Bacillus licheniformis strain FMCH001 under FFDCA.

DATES: This regulation is effective April 20, 2018. Objections and
requests for hearings must be received on or before June 19, 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-2017-0185, 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 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

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

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), 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-2017-0185 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
June 19, 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-2017-0185, 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 July 26, 2017 (82 FR 34664) (FRL-9963-
50), 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 6F8514) by FMC Corporation, FMC Tower at Cira Centre
South, 2929 Walnut St., Philadelphia, PA 19104. The petition requested
that 40 CFR part 180 be amended by establishing an exemption from the
requirement of a tolerance for residues of Bacillus licheniformis
strain FMCH001 in or on all food commodities. That document referenced
a summary of the petition prepared by the petitioner FMC Corporation,
which is available in the docket via http://www.regulations.gov. No
comments were received on the notice of filing.
    EPA added ``in or on all food commodities'' to align with the
Agency's language and to more clearly define the petitioner's request.

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 or tolerance exemption 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 EPA consider ``available information concerning the
cumulative effects of [a particular pesticide's] . . . residues and
other substances that have a common mechanism of toxicity.''
    EPA evaluated the available toxicity and exposure data on Bacillus
licheniformis strain FMCH001 and considered its validity, completeness,
and reliability, as well as 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) Considerations
for Bacillus licheniformis strain FMCH001.'' This document, as well as
other relevant information, is available in the docket for this action
as described under ADDRESSES.
    Based upon its evaluation, EPA concludes that Bacillus
licheniformis strain FMCH001 is not toxic, not pathogenic, and not
infective. Although there may be some exposure to residues when used on
all food commodities in accordance with label directions and good
agricultural practices, there is a reasonable certainty that such
exposure will not cause adverse effects. EPA also determined that
retention of the Food Quality Protection Act (FQPA) safety factor was
not necessary as part of the qualitative assessment conducted for
Bacillus licheniformis strain FMCH001.
    Based upon its evaluation, EPA concludes that there is a reasonable
certainty that no harm will result to the U.S. population, including
infants and children, from aggregate exposure to residues of Bacillus
licheniformis strain FMCH001. Therefore, an exemption from the
requirement of a tolerance is

established for residues of Bacillus licheniformis strain FMCH001 in or
on all food commodities when used in accordance with label directions
and good agricultural practices.

B. Analytical Enforcement Methodology

    EPA is establishing an exemption from a tolerance on all food
commodities without any numerical limitation and thus an analytical
method is not required for enforcement purposes.

IV. Statutory and Executive Order Reviews

    This action establishes exemptions from the requirement of a
tolerance under FFDCA section 408(d) in response to a petition
submitted to EPA. 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 tolerance
exemptions in this action, 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. As a result, this
action does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, EPA 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, EPA 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 EPA's 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 180

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

    Dated: March 16, 2018.
Richard P. Keigwin, Jr.,
Director, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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

0
 2. Add Sec.  180.1350 to subpart D to read as follows:

Sec.  180.1350  Bacillus licheniformis strain FMCH001; exemption from
the requirement of a tolerance.

    An exemption from the requirement of a tolerance is established for
residues of Bacillus licheniformis strain FMCH001 in or on all food
commodities when used in accordance with label directions and good
agricultural practices.
[FR Doc. 2018-08309 Filed 4-19-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Rules and Regulations]
[Pages 35241-35243]
[FR Doc No: 2015-15190]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0218]
RIN 1625-AA09

Drawbridge Operation Regulation; Niantic River, Niantic, CT

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating schedule that
governs the Amtrak Bridge, mile 0.0, at Niantic, Connecticut. The
bridge owner, National Railroad Passenger Company (Amtrak), submitted a
request to remove the special drawbridge operation regulation because
the bridge now opens on signal at all times. It is expected that this
change to the regulations will create efficiency in drawbridge
operations while continuing to meet the reasonable needs of navigation.

DATES: This rule is effective June 19, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0218. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type in the
docket number in the ``Search.'' box and click ``SEARCH.'' Click Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ms. Judy Leung-Yee, Project Officer, First Coast Guard
District Bridge Branch,<PHONE_NUMBER><EMAIL_ADDRESS>If you
have questions on viewing the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

A. Regulatory History and Information

    The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Amtrak Bridge, that once required
draw operations in 33 CFR 117.215(a), now opens on signal at all times;
therefore, the regulation is no longer applicable and shall be removed
from publication. It is unnecessary to publish an NPRM because this
regulatory action does not

purport to place any restrictions on mariners but rather removes a
restriction that has no further use or value.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. The bridge has been opening on
signal at all times for many years and this rule merely requires an
administrative change to the Federal Register, in order to omit a
regulatory requirement that is no longer applicable or necessary. The
removal of the regulation will not affect mariners currently operating
on this waterway. Therefore, a delayed effective date is unnecessary.

A. Basis and Purpose

    The Amtrak Bridge at mile 0.0, across the Niantic River, at
Niantic, Connecticut, has a vertical clearance of 16 feet at mean high
water and 19 feet at mean low water. The drawbridge operation
regulations are listed at 33 CFR 117.215(a).
    The waterway users are commercial and seasonal recreational vessels
of various sizes.
    The owner of the bridge, Amtrak, submitted a request to the Coast
Guard to change the drawbridge operating regulations that presently
allows the bridge to open on signal; except that, from April 1 through
October 31, from 8 p.m. to 4 a.m. and from November 1 through March 31
from 6 p.m. to 6 a.m., the draw shall open on signal if at least one
hour notice is given.
    When a train is scheduled cross the bridge without stopping has
entered the drawbridge block, a delay in opening the draw may occur
until the train has cleared the block.
    Under this final rule the Amtrak Bridge will open on signal at all
times; however, the paragraph that refers to any delay in opening the
draw should a train be within the drawbridge block shall remain in
effect.

B. Discussion of Final Rule

    The Amtrak Bridge has been opening on signal at all times for many
years despite the requirement in the drawbridge operation regulation
listed at 33 CFR 117.215(a) to provide a one hour advance notice at
certain times of year.
    The owner of the bridge requested the regulation for the Amtrak
Bridge be changed to reflect the present operation of the bridge, to
open on signal at all times.

C. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. We believe that this rule is not a
significant regulatory action because the changes to the regulation
will remove the advanced notice burden for mariners at all times.

2. 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 Coast Guard
received no comments from the Small Business Administration on this
rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule will have no effect on small entities for the following
reason: The Amtrak Bridge will open on signal at all times.

3. Assistance for Small Entities

    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,
above.
    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.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on 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 does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and

would not create an environmental risk to health or risk to safety that
might disproportionately affect children.

11. Indian Tribal Governments

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

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
order 13211, Actions Concerns Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule simply promulgates the operating regulations or
procedures for drawbridges. This rule is categorically excluded, under
figure 2-1, paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

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

PART 117--DRAWBRIDGE OPERATION REGULATIONS

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

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

0
2. In Sec.  33 CFR 117.215, revise paragraph (a) to read as follows:

Sec.  117.215  Niantic River.

    (a) The draw of the Amtrak Bridge, mile 0.0, at Niantic, shall open
on signal at all times. When a train scheduled to cross the bridge
without stopping has entered the drawbridge block, a delay in opening
the draw may occur until the train has cleared the block. The delay
should not exceed 10 minutes.
* * * * *

    Dated: June 9, 2015.
L.L. Fagan,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2015-15190 Filed 6-18-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Notices]
[Page 47072]
[FR Doc No: 2017-21780]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2017-72]

Petition for Exemption; Summary of Petition Received; Helicopter
Association International

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before October 30, 2017.

ADDRESSES: Send comments identified by docket number FAA-2017-0752
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: John Barcas<PHONE_NUMBER>, Office of
Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2017-0752.
    Petitioner: Helicopter Association International.
    Section(s) of 14 CFR Affected:
    Description of Relief Sought: Helicopter Association International
(HAI), petitioned the Federal Aviation Administration for an exemption
from Sec.  135.225(b)(2) of Title 14, Code of Federal Regulations. The
proposed exemption, if granted, would provide HAI members relief from
the requirement that mandates a current local altimeter setting for the
destination airport for eligible on-demand operations.

[FR Doc. 2017-21780 Filed 10-6-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Notices]
[Page 57806]
[FR Doc No: 2015-24373]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR15-38-000]

ETP Crude LLC; Notice of Petition for Declaratory Order

    Take notice that on September 21, 2015, pursuant to Rule 207(a)(2)
of the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, 18 CFR 385.207(a)(2) (2014), ETP Crude LLC
filed a petition for a declaratory order seeking approval of the
overall tariff and rate structure, proration procedure and the other
matters set forth in Article III for a new crude oil pipeline that will
have the capacity to accept approximately 120,000 barrels per day of
crude oil from receipt points located in Reeves County, Texas and Lea
County, New Mexico for transportation to delivery points in Loving
County, Texas and Lea County, New Mexico, all as more fully explained
in the petition.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Petitioner.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on October 21, 2015.

    Dated: September 21, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-24373 Filed 9-24-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 81 (Tuesday, April 28, 2015)]
[Notices]
[Pages 23625-23627]
[FR Doc No: 2015-09765]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74784; File No. SR-NASDAQ-2015-034]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to NASDAQ Market Center Participant Registration and Sponsored
Access

April 22, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 20, 2015, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II, below, which Items have been prepared by NASDAQ. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NASDAQ proposes to amend Rule 4611, entitled ``Nasdaq Market Center
Participant Registration'' and adopt a new Rule 4615, entitled
``Sponsored Participants.''
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaq.cchwallstreet.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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects 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 the proposed rule change is to amend Rule 4611,
entitled ``Nasdaq Market Center Participant Registration'' to relocate
4611(d), pertaining to Sponsored Access, to a new Rule 4615, entitled
``Sponsored Participants,'' and adopt rule text similar to other
exchanges.\3\ The Exchange does not believe that this proposed rule
change will impact market participants currently accessing the System
pursuant to Rule 4611.
---------------------------------------------------------------------------

    \3\ The proposed rule text is similar to NASDAQ OMX PHLX LLC
(``Phlx'') Rule 1094, the International Securities Exchange LLC
(``ISE'') Rule 706, the Chicago Board Options Exchange Incorporated
(``CBOE'') Rule 6.20A and NYSE ARCA, Inc. (``NYSE Arca'') Rule 7.29.
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    On January 13, 2010, the Commission approved the Exchange's current
rule.\4\

On November 3, 2010, the Commission adopted Rule 15c3-5 which governs
risk management controls by broker-dealers with market access.\5\ At
this time, the Exchange proposes to modify its current rule to conform
the rule text to that of other exchanges. Specifically, this proposed
rule change would conform rule text related to Sponsored Access by
eliminating provisions already covered by 15c3-5. The current rule
applies to members conducting either an equities or an options
business.
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    \4\ Securities Exchange Act Release No. 61345 (January 13,
2010), 75 FR 3263 (January 20, 2010) (SR-NASDAQ-2008-104) (``NASDAQ
Sponsored Access Approval Order'').
    \5\ Securities Exchange Act Release No. 63241, 75 FR 69792
(November 15, 2010).
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    A Sponsored Participant is an entity with authorized electronic
access to the Exchange for the entry and execution of orders. A
Sponsored Participant trades under a Sponsoring Member's execution and
clearing identity pursuant to a sponsorship arrangement. The proposed
rule continues to require the Sponsoring Member to take responsibility
for the Sponsored Participant's activity on the Exchange.
    Today, Nasdaq Rule 4611 provides that members that enter into an
arrangement with another person or entity to provide that person with
access to Nasdaq or otherwise allow such person to route its orders to
Nasdaq using the member's market participant identifier, to provide
such access are responsible for all trading conducted pursuant to that
arrangement to the same extent as trading directly conducted by the
member for customers. Consequently, the member is responsible for
implementing policies and procedures for supervising and monitoring
trading effected pursuant to the arrangement to ensure that it is in
compliance with all applicable federal securities laws and rules and
Exchange rules. A Sponsoring Member is required to execute and maintain
agreements with each Sponsored Participants and commit to various
Regulatory requirements and provided access to book and records and
financial information. Financial limits are imposed on Sponsored
Participants. Requirements are specified with respect to permissible
technology. Other arrangements with Third Party Providers must also be
documented and contain the commitments specified in Rule 4611(d)(3)(B).
Rule 4611(d)(4) specified financial controls to monitor and control the
Sponsored Access to limit financial exposure. Rule 4611(d)(5) specifies
regulatory control to effectively monitor and control compliance with
Regulatory Requirements.
    The Exchange intends to remove current Rule 4611(d) and adopt a new
Rule 4515 with provisions related to Sponsored Access similar to that
of other exchanges.\6\ The new proposed rule text similarly permits
members conducting, either an equity or options business, to permit
authorized access to the Exchange by Sponsored Participants provided
they enter into a Sponsored Participant Agreement with the Exchange.
Similar to current Rule 4611(d), the Sponsored Participant and its
Sponsoring Member must enter into and maintain an agreement whereby the
Sponsoring Member would continue to be responsible for orders entered
into the System by the Sponsored Participant as well as all actions
taken by the Sponsored Participant. The Sponsored Member shall continue
to be bound to comply with Exchange' governance documents, Bylaws,
Rules and procedures. The Sponsored Participant is required to provide
a list of individuals authorized to access the Nasdaq Market Center on
behalf of the Sponsored Participant and provide training to these
individuals. The Sponsored Member must continue to restrict access to
unauthorized persons, take reasonable security precautions to prevent
unauthorized access, have in place adequate procedures and controls to
monitor use and access to the Nasdaq Stock Market and pay fees that are
owed. The Sponsoring Member must provide the Exchange with Notice of
Consent acknowledging its responsibility for the orders, executions and
actions of its Sponsored Participant at issue. The requirements
specified with new Rule 4615(d), other than the list of individuals and
the Notice of Consent, are currently required today in Rule 4611. The
Exchange's new Rule requires a list of individuals and the consent that
were previously not required by Rule. The rule text of current Rule
4611(d), pertaining to financial and regulatory controls, is being
removed. Members continue to be obligated to adhere to financial and
regulatory controls as specified in Rule 15c3-5. New Rule 4615
specifies the obligations of Sponsoring Members and Sponsoring
Participants relative to accessing the Nasdaq Market Center. This new
rule is consistent with rules of other exchanges.\7\ Market
participants are required to comply with Rule 15c3-5 in addition to
relevant exchange provisions where they are members.
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    \6\ The proposed rule text is similar to NASDAQ OMX PHLX LLC
(``Phlx'') Rule 1094, the International Securities Exchange LLC
(``ISE'') Rule 706, the Chicago Board Options Exchange Incorporated
(``CBOE'') Rule 6.20A and NYSE ARCA, Inc. (``NYSE Arca'') Rule 7.29.
    \7\ Id.
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    The rule text is the current Rule 4611(d)(3) requires a Sponsoring
Member that provides Sponsored Access to execute and maintain
agreements with each Sponsored Participant containing the commitments
noted in Rule 4611(d)(3)(i) through (v). The proposed rule would
require the Sponsored Participant to enter into and maintain customer
agreements with one or more Sponsoring Members establishing proper
relationship(s) and account(s) through which the Sponsored Participant
may trade on the Nasdaq Market Center in accordance with provisions set
forth in Rule 4615(b)(ii). In addition, proposed Rule 4615(b)(ii)(D)
requires the Sponsored Participant to maintain, keep current and
provide to the Sponsoring Member a list of individuals authorized to
obtain access to the Nasdaq Market Center on behalf of the Sponsored
Participant. This list of authorized persons is not required under the
current rules.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \8\ in general, and furthers the objectives of Section
6(b)(5) of the Act \9\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest,
by continuing to permit market participants gain access to a
marketplace. Specifically, the Exchange believes the proposed rule
change is consistent with the Section 6(b)(5) requirements that the
rules of an exchange be designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
to perfect the mechanism for a free and open market and a national
market system, and, in general, to protect investors and the public
interest.\10\ Additionally, the Exchange believes the proposed rule
change is consistent with the Section 6(b)(5) requirement that the
rules of a national securities exchange be designed to not permit
unfair

discrimination between customer, issuers, brokers or dealers.\11\
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ 15 U.S.C. 78f(b)(5).
    \11\ Id.
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    The Commission adopted Rule 15c3-5 under the Act, which, among
other things, requires broker-dealers providing others with access to
an exchange or alternative trading system to establish, document, and
maintain a system of risk management controls and supervisory
procedures reasonably designed to manage the financial, regulatory, and
other risks of providing such access.\12\ Rule 15c3-5 requires members
to have in place certain pre-trade risk controls filters for sponsored
orders, prior to those order being sent to the Exchange to ensure that
regulatory and financial risk controls. Pursuant to Rule 15c3-5,
broker-dealers with market access are obligated to establish, document,
and maintain a system of risk management controls and supervisory
procedures reasonably designed to manage financial, regulatory, and
other risks of this business activity.
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    \12\ See Securities Exchange Act Release No. 63241 (November 3,
2010), 75 FR 69792 (November 15, 2010).
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    The Exchange believes that the changes proposed herein should
continue to offer market participants access to its marketplace. The
Exchange believes that proposed Rule 4615 continues to require members
to provide requisite information concerning sponsored arrangements,
which aids the Exchange's efforts to monitor and regulate Nasdaq's
markets and aids the prevention of fraudulent and manipulative
practices.
    The Exchange believes that the proposed rule change is designed to
avoid unfair discrimination among members, as the proposed rule change
provides for the Exchange to impose requirements on members in an
objective manner. Finally, the proposed rule change will help remove
impediments to and promote a free and open market and a national market
system because it is consistent with rules in place at other exchanges
and imposes similar requirements on its members.

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

    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 proposed rule for
Sponsored Access will continue to treat all members, equity and
options, in a uniform fashion. The proposed rule change seeks to
provide clear guidelines on the responsibilities of Sponsoring Members
that provide Sponsored Access as well as the responsibilities owed by
Sponsoring Members, with respect to Sponsored Participants, to the
Exchange.
    The proposed rule change does not impose any undue burden on
competition, rather it seeks to enable market participants to gain
access to the marketplace.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \13\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\14\
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    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2015-034 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2015-034. 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 the filing will also 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 Number SR-NASDAQ-2015-034 and should
be submitted on or before May 19, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-09765 Filed 4-27-15; 8:45 am]
 BILLING CODE 8011-01-P