[Federal Register Volume 76, Number 146 (Friday, July 29, 2011)]
[Rules and Regulations]
[Pages 45421-45424]
[FR Doc No: 2011-19185]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0523]
RIN 1625-AAOO

Safety Zone; Houma Navigation Canal, From Waterway Mile Markers
19.0 to 20.0, Southwest of Bayou Plat, Bank to Bank, Terrebonne Parish,
LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Houma Navigation Canal, from Waterway Mile Markers 19.0 to 20.0,
Southwest of Bayou Plat, bank to bank, Terrebonne Parish, Louisiana.
This temporary safety zone is needed to protect the general public,
vessels and tows from destruction, loss or injury due to the
installation of flood control structures/barriers. Vessels and tows
transiting this zone transiting the specified water are required to
proceed at slowest safe speed to minimize wake. If necessary, entry
into, transit through, mooring, or anchoring within the safety zone
during time of enforcement may be prohibited unless authorized by the
Captain of the Port, Morgan City or designated representative.

DATES: Effective Date: this rule is effective in the CFR from July 29,
2011 until 11:59 p.m., March 14, 2013. This rule is effective with
actual notice for purposes of enforcement beginning 12:01 a.m June 27,
2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0523 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0523 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Ensign (ENS) Nicholas Jones, Coast
Guard; telephone<PHONE_NUMBER> ext. 232, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary 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)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because publishing a NPRM would be contrary
to public interest due to the amount of notification received by the
Coast Guard and the contractually imposed timeline for the installation
of flood control structures/barriers. The Coast Guard received notice
of the installation timeline in late May and promptly completed its
required review and approval of the plan in June, leaving insufficient
time to complete the NPRM process before the initial canal operations
in June. Additionally, delaying the canal operations will impact L & A
Contracting Co. requirements for delivery and

installation by Mar 2013. Therefore, it would be impracticable to
publish a NPRM and immediate action is needed to protect the personnel,
general public, vessel and tows, and mariners from hazards associated
with the installation process.
    Under 5 U.S.C. 553(d)(3), based on the contractually imposed
timeline and the notification received by the Coast Guard good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The installation timeline
presented to the USCG required immediate action and a delayed effective
date would be contrary to public interest. Delaying or rescheduling the
installation to provide 30 days notice also is impractical because the
contractual timelines for beginning delivery and installation of the
canal structures/barriers are in June, 2011. By making the rule
effective immediately upon publication and enforceable with actual
notice upon signature, the delivery and installation of the canal
structures/barriers can continue under the applicable contract.
Delaying the effective date would be impracticable as immediate action
is need to protect the personnel, general public, vessel and tows, and
mariners from hazards associated with the installation process.

Basis and Purpose

    The Coast Guard received notice and application for the
installation of Flood Control Structures/Barriers in the Houma
Navigation Canal, from Waterway Mile Markers 19.0 to 20.0, southwest of
Bayou Plat, Terrebonne Parish, LA. These structures/barriers are part
of a plan to implement storm surge protection identified as Reach F and
Segment 1 of Reach G of the Morganza to the Gulf hurricane protection
system. The installation of the Flood Control Structures/Barriers
requires the staging of equipment along the banks of the Houma
Navigation Canal. To protect the general public, vessels and tows from
destruction, loss or injury due to the installation, the Coast Guard is
establishing a temporary safety zone which will continue through March
14, 2013. Vessels and tows transiting this zone will proceed at slowest
safe speed to minimize wake.

Discussion of Rule

    The Coast Guard is establishing a temporary Safety Zone in the
Houma Navigation Canal, from Waterway Mile Markers 19.0 to 20.0,
Southwest of Bayou Plat, bank to bank, Terrebonne Parish, LA. The
temporary safety zone will continue through 11:59 p.m., March 14, 2013.
Vessels and tows transiting this zone will proceed at slowest safe
speed to minimize wake. All work on the project is scheduled to be
complete by March 14, 2013.
    The installation of the Flood Control Structures/Barriers requires
the staging of equipment along the banks of the Houma Navigation Canal.
The sequence of construction must allow a minimum of 125 feet for
navigation to be open continuously as coordinated and approved by the
U.S. Coast Guard and local industry.
    The installation process will involve the following activities
which are estimated to occur as scheduled, but Broadcast Notice to
Mariners and Local Notice to Mariners will be used to inform the public
of the safety zone enforcement periods as the project progresses.
    Beginning on June 27, 2011, between Houma Navigation Canal Mile
Markers 19.0 to 20.0, slowest safe speed to minimize wake will be
required by all mariners transiting the zone until installation is
completed on March 14, 2013.
    During the installation, any anticipated waterway closures, if
necessary to assist in the installation process, will be made through
Broadcast Notice to Mariners and Local Notice to Mariners. During a
closure, vessels and tows may request permission and the necessary
restrictions from the Captain of the Port Morgan City, or a designated
representative, for passage through the Safety Zone. During a closure,
passage through the safety zone will be evaluated on a case-by-case
basis.
    Mariners should exercise extreme caution when transiting through
the construction site and pass at slowest safe speed to minimize wake.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    This rule will only require mariners to proceed at the slowest safe
speed to minimize wake while transiting the safety zone and any
waterways closures needed to assist in the installation will be made
through Broadcast Notice to Mariners and Local Notice to Mariners.
Passage during a closure may be requested and will be considered on a
case-by-case basis. The impacts on routine navigation are expected to
be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit through the safety zone June 27, 2011 through March 14, 2013.
This safety zone will not have a significant economic impact on a
substantial number of small entities because the slowest safe speed to
minimize wake is the only requirement through March 14, 2013. Any
waterway closures, if necessary to assist in the installation process,
will be made through Broadcast Notice to Mariners and Local Notice to
Mariners. Passage during a closure may be requested and will be
considered on a case-by-case basis.
    If you are a small business entity and are significantly affected
by this regulation, please contact ENS Nicholas Jones, Marine Safety
Unit Houma, at<PHONE_NUMBER> ext. 232.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by

employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The
Coast Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.

Collection of Information

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

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule establishes a temporary safety
zone to protect the public from the dangers associated with
construction activity.
    An environmental analysis checklist and a categorical exclusion
determination will be provided and made available at the docket as
indicated in the ADDRESSES section.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. A new temporary Sec.  165.T11-0523 is added to read as follows:

Sec.  165.T11-0523  Safety Zone; Houma Navigation Canal, From Waterway
Mile Markers 19.0 to 20.0, Southwest of Bayou Plat, Bank to Bank,
Terrebonne Parish, LA.

    (a) Location. Houma Navigation Canal, from Waterway Mile Markers
19.0 to 20.0, Southwest of Bayou Plat, bank to bank, Terrebonne Parish,
Louisiana.
    (b) Effective date. This rule is effective June 27, 2011, through
March 14, 2013.
    (c) Periods of Enforcement. This rule will be enforced upon
signature through March 14, 2013. The Captain of the Port Morgan City
or a designated representative will inform the public through Broadcast
Notice to Mariners of the enforcement period for the safety zone as
well as any changes in the planned schedule.
    (d) Regulations. (1) In accordance with the general regulations in
33 CFR part 165, subpart C, entry into this zone should be at slowest
safe speed to minimize wake unless authorized by the Captain of the
Port Morgan City.
    (2) Mariners shall transit through the construction site and pass
at slowest safe speed to minimize wake.
    (3) All persons and vessels shall comply with the instructions of
the Captain of the Port Morgan City and designated on-scene patrol
personnel. On-scene patrol personnel include commissioned, warrant, and
petty officers of the U.S. Coast Guard.
    (4) Any anticipated waterway closures will be made through
Broadcast Notice to Mariners and Local Notice to

Mariners. During a closure, vessels requiring entry into or passage
through the Safety Zone must request permission from the Captain of the
Port Morgan City, or a designated representative and passage will be
considered on a case-by-case basis. They may be contacted on VHF
Channel 11, 13, or 16, or by telephone at<PHONE_NUMBER>.

    Dated: June 21, 2011.
J.C. Burton,
Captain, U.S. Coast Guard, Captain of the Port Morgan City, Louisiana.
[FR Doc. 2011-19185 Filed 7-28-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 180 (Friday, September 16, 2011)]
[Notices]
[Page 57730]
[FR Doc No: 2011-23798]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER11-4501-000]

Supplemental Notice That Initial Market-Based Rate Filing
Includes Request for Blanket Section 204 Authorization; Caney River
Wind Project, LLC

    This is a supplemental notice in the above-referenced proceeding of
Caney River Wind Project, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 3, 2011.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also 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 dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 12, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-23798 Filed 9-15-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Notices]
[Pages 15763-15764]
[FR Doc No: 2023-05247]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 2:00 p.m. on Thursday, March 16, 2023.

PLACE: The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present. In the event that the time, date, or
location of this meeting changes, an announcement of the change, along
with the new time, date, and/or place of the meeting will be posted on
the Commission's website at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the
following topics:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to examinations and enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.
    Authority: 5 U.S.C. 552b.

    Dated: March 9, 2023.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2023-05247 Filed 3-10-23; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register: September 3, 2008 (Volume 73, Number 171)]
[Notices]
[Page 51455-51456]
[DOCID:fr03se08-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP08-462-000]

Algonquin Gas Transmission, LLC; Notice of Application

August 26, 2008.
    Take notice that on August 15, 2008, Algonquin Gas Transmission,
LLC

(Algonquin), filed with the Federal Energy Regulatory Commission
(Commission) applications under section 7(c) of the Natural Gas Act
(NGA) seeking authorization (i) construct, install, modify, own,
operate and maintain approximately 1.13 miles of 20-inch diameter
natural gas transmission pipeline (the Kleen Energy Lateral), one meter
station and all ancillary facilities, and (ii) implement initial rates
pursuant to Rate Schedules AFT-CL and AIT-2 and related tariff
revisions for service on the Kleen Energy Lateral, all as more fully
described in the application.
    This filing may be also viewed on the Web at http://www.ferc.gov
using the ``eLibrary'' link. Enter the docket number excluding the last
three digits in the docket number field to access the document. For
assistance, call<PHONE_NUMBER> or TTY,<PHONE_NUMBER>.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    Any questions regarding this application should be directed to:
Garth Johnson, General Manager, Certificates & Reporting, Algonquin Gas
Transmission, LLC, 5400 Westheimer Court, P.O. Box 1642, Houston, Texas
77251-1642.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, before the
comment date of this notice, file with the Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426, a motion to
intervene in accordance with the requirements of the Commission's Rules
of Practice and Procedure (18 CFR 385.214 or 385.211) and the
Regulations under the NGA (18 CFR 157.10). A person obtaining party
status will be placed on the service list maintained by the Secretary
of the Commission and will receive copies of all documents filed by the
applicant and by all other parties. A party must submit 14 copies of
filings made with the Commission and must mail a copy to the applicant
and to every other party in the proceeding. Only parties to the
proceeding can ask for court review of Commission orders in the
proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site under the ``e-Filing''
link.
    Comment Date: September 16, 2008.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-20260 Filed 9-2-08; 8:45 am]

BILLING CODE 6717-01-P