\89\ Rules 157 under the Securities Act [17 CFR 230.157], 0-10
under the Exchange Act [17 CFR 240.0-10] and 0-10 under the
Investment Company Act [17 CFR 270.0-10] contain the applicable
definitions.
    \90\ The estimated number of reporting small entities is based
on 2007 data, including the Commission's EDGAR database and Thomson
Financial's Worldscope database. This represents an update from the
number of reporting small entities estimated in prior rulemakings.
See, for example, Executive Compensation and Related Disclosure,
Release No. 33-8732A (Aug. 29, 2006) [71 FR 53158] (in which the
Commission's estimated a total of 2,500 small entities, other than
investment companies).
---------------------------------------------------------------------------

    The proposal would affect small entities that are not shell
companies and satisfy the registrant eligibility requirements for the
use of Form S-3 or Form F-3, which generally pertain to a company's
reporting history under the Exchange Act.\91\ Based on these registrant
eligibility requirements, we estimate that there are approximately 990
small entities that would be affected by the proposal and would
therefore become eligible to use Form S-3 or

Form F-3 for primary securities offerings.
---------------------------------------------------------------------------

    \91\ See n. 29 and n. 51 above.
---------------------------------------------------------------------------

E. Reporting, Recordkeeping and Other Compliance Requirements

    The proposed amendments to the transaction eligibility requirements
of Forms S-3 and F-3 would affect only small entities that meet the
registrant eligibility requirements of Form S-3 or Form F-3, as
applicable, are not shell companies and choose voluntarily to register
one or more primary securities offerings on Form S-3 or Form F-3.
Because Forms S-3 and F-3 are abbreviated registration forms that can
be updated automatically through incorporation by reference of a
registrant's Exchange Act filings, we believe use of the forms by
eligible small entities would decrease their existing compliance
burden. Because the proposal does not affect the information disclosure
requirements of Form S-3 or Form F-3, we do not believe that the costs
of complying with the amendments for small entities will be
disproportionate to that of large entities.\92\ We recognize, however,
that there will be some additional costs associated with an issuer's
need to continually monitor its compliance with the proposed 20%
limitation on sales in any period of 12 calendar months, but we believe
that any such costs will be insignificant.
---------------------------------------------------------------------------

    \92\ It should be noted, however, that General Instruction II.C.
of Form S-3 currently requires ``small business issuers'' (as
defined in Rule 405 of the Securities Act [17 CFR 230.405]) to refer
to the disclosure items in Regulation S-B [17 CFR 228.10 et seq.]
and not Regulation S-K. Since Regulation S-B disclosure requirements
generally are less extensive than Regulation S-K, small business
issuers that file on Form S-3 may have a comparatively lesser
compliance burden than larger issuers. However, because the Office
of Management and Budget does not provide average compliance
estimates for Form S-3 that distinguish between filers subject to
Regulation S-K and filers subject to Regulation S-B, we have not
made such a distinction in this Initial Regulatory Flexibility
Analysis.
---------------------------------------------------------------------------

    For purposes of the Paperwork Reduction Act, we estimate the annual
decrease in the paperwork burden for small entities to comply with our
proposed collection of information requirements to be approximately
7,854 hours of in-house company personnel time (valued at $1,375,000
\93\) and to be approximately $9,425,000 for the services of outside
professionals. To arrive at these estimates, we applied the same
methodology to small entities that we described in Section II.C. above
for large and small companies combined. Assuming that 990 small
entities would be eligible for primary offerings on Forms S-3 and F-3
if the proposal is adopted, we estimated that these entities filed a
total of 193 registration statements on Forms S-1, SB-2 and F-1 during
the twelve months ending December 31, 2006.\94\ We then assumed that
these filings on Forms S-1, SB-2 and F-1 would have been made instead
on Forms S-3 or Form F-1, as applicable, to the extent that the issuers
would not be limited by the proposed 20% restriction on the amount of
securities they may offer in any period of 12 calendar months.
Therefore, we assume that the Forms S-1, SB-2 and F-1 filed by the
subject small entities will decrease from the number filed in 2006 but,
because of the proposed 20% restriction on sales, this number will not
decrease to 0. Instead, we believe that some Forms S-1, SB-2 and F-1
will continue to be filed annually by these small entities. As such, we
have taken the number of Forms S-1, SB-2 and F-1 that were filed by
these small entities in calendar year 2006 and decreased this number by
85% for each form, for a total decrease of 165 filings.\95\ Therefore,
we assume that approximately 165 fewer Forms S-1, SB-2 and F-1 will be
filed by all small entities in calendar year 2006. The actual number
could be more or less depending on various factors, including future
market conditions.
---------------------------------------------------------------------------

    \93\ See n. 80 above.
    \94\ The total of 193 filings is comprised of 21 Forms S-1; 172
Forms SB-2; and 0 Forms F-1.
    \95\ This number deducts 85% from the totals for each of the
three registration forms, as follows: Form S-1 (85% of 21, rounded
up, equals 18); Form SB-2 (85% of 172, rounded up, equals 147); and
Form F-1 (85% of 0 equals 0). Adding these together, the combined
reduction is equal to 165 filings.
---------------------------------------------------------------------------

    Furthermore, we believe that the 990 small entities that we
estimate will be affected by the rule change would have conducted more
registered securities offerings had they been able to use Forms S-3 and
F-3 because of the benefits of forward incorporation and the ability to
utilize shelf registration to maximize market opportunities. We assume
that the inability of these small entities to utilize Forms S-3 and F-3
limited their capacity to access the public securities markets and,
because of the cost and lack of flexibility associated with Forms S-1,
SB-2 and F-1, either did not file registration statements on Forms S-1,
SB-2 or F-1, or were limited in the number that they filed. We
therefore believe that the annual number of responses on Forms S-3 and
F-3 for purposes of the Paperwork Reduction Act will increase by an
increment greater than simply the total of 165 fewer registration
statements on Forms S-1, SB-2 and F-1 that we estimate will be filed
going forward by the 990 small entities who would qualify for primary
offerings on Forms S-3 and F-3 as a result of our proposal. We further
assume that this increase in Forms S-3 and F-3 will be mitigated to
some degree by the proposed 20% restriction on securities sold in any
period of 12 calendar months, which may limit the frequency and volume
of additional securities offerings on Form S-3 and Form F-3. To reflect
this, we have taken the 165 Forms S-1, SB-2 and F-1 that were filed by
these small entities in calendar year 2006 and increased this number by
10% for each form, for a total increase of 182 filings.\96\ Therefore,
we assume that approximately 182 additional Forms S-3 and F-3 will be
filed over and above the number of total Forms S-3 and F-3 filed by
small entities in calendar year 2006. The actual number could be more
or less depending on various factors, including future market
conditions.
---------------------------------------------------------------------------

    \96\ This number adds a 10% premium to the individual totals for
each of the three registration forms, as follows: Form S-1 (10% of
18, rounded up, equals 2); Form SB-2 (10% of 147, rounded up, equals
15); and Form F-1 (10% of 0 equals 0). The sum of these increases,
which is equal to 17, is then added to the total of 165 Forms S-1,
SB-2 and F-1 filed by the subject companies in 2006.
---------------------------------------------------------------------------

    To calculate the total effect of the proposed amendments on the
overall compliance burden for small entities, we subtracted the burden
associated with the 165 fewer Forms S-1, SB-2 and F-1 registration
statements that we expect will be filed annually by small entities in
the future and added the burden associated with our estimate of 182
additional Forms S-3 and F-3 filed annually by small entities as a
result of the proposal. We used current Office of Management and Budget
estimates in our calculation of the hours and cost burden associated
with preparing, reviewing and filing each of these forms.
    We estimate that 25% of the burden of preparation of Forms S-3, S-
1, SB-2, F-3 and F-1 is carried by the small entity internally and that
75% of the burden is carried by outside professionals retained by the
small entity at an average cost of $400 per hour. The portion of the
burden carried by outside professionals is reflected as a cost, while
the portion of the burden carried by the small entity internally is
reflected in hours.
    The table below illustrates our estimates concerning the
incremental annual compliance burden in hours and cost for Forms S-3,
S-1, SB-2, F-3 and F-1 for small entities as a result of this proposal.
---------------------------------------------------------------------------

    \97\ This reflects current Office of Management and Budget
estimates.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                         Estimated change
                 Form                       in annual        Hours/form\77\      Incremental         25% Issuer      75% Professional       $400/hr
                                            responses                               burden                                             Professional cost
                                                      (A)                (B)                (C)=(A)*(B)        (D)=(C)*0.25       (E)=(C)*0.75       (F)=(E)*$400
--------------------------------------------------------------------------------------------------------------------------------------------------------
S-3...................................               182                459             83,538           20,884.5           62,653.5        $25,061,400
S-1...................................               (18)             1,176            (21,168)            (5,292)           (15,876)        (6,350,400)
SB-2..................................              (147)               638            (93,786)         (23,446.5)         (70,339.5)       (28,135,800)
F-3...................................                 0                166                  0                  0                  0                  0
F-1...................................                 0              1,809                  0                  0                  0                  0
                                       -----------------------------------------------------------------------------------------------------------------
    Total.............................  .................  .................           (31,416)            (7,854)           (23,562)        (9,424,800)
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We encourage written comments regarding this analysis. We solicit
comments as to whether the proposed amendments could have an effect
that we have not considered. We request that commenters describe the
nature of any impact on small entities and provide empirical data to
support the extent of the impact.

F. Duplicative, Overlapping or Conflicting Federal Rules

    We believe that there are no Federal rules that conflict with or
completely duplicate the proposed amendments.

G. Significant Alternatives

    The Regulatory Flexibility Act directs us to consider significant
alternatives that would accomplish the stated objectives, while
minimizing any significant adverse impact on small entities. In
connection with the proposal, the Regulatory Flexibility Act requires
that we consider the following alternatives:
    1. Establishing different compliance or reporting requirements
which take into account the resources available to smaller entities;
    2. The clarification, consolidation or simplification of disclosure
for small entities;
    3. Use of performance standards rather than design standards; and
    4. Exempting smaller entities from coverage of the disclosure
requirements, or any part thereof.
    Of these alternatives, only the last appears germane to this
proposal. Alternative 3 is not applicable, as the distinction between
performance standards and design standards has no bearing on the
proposed amendments. Alternatives 1 and 2, because they pertain to
establishing different or simplified reporting requirements for smaller
entities, also would not seem helpful in this instance because our
proposal, if adopted, would reduce the compliance burden on eligible
smaller entities. Regarding Alternative 4, we considered relaxing the
transaction eligibility requirements for Forms S-3 and F-3 to a greater
degree than we are proposing. As discussed above in this release, some
have advocated in favor of allowing primary offerings on Form S-3 by
all companies that have been reporting under the Exchange Act for at
least one year and are current in their Exchange Act reporting at the
time of filing. As we stated, however, we decline at this time to
propose a less restrictive eligibility requirement. We believe that
imposing the 20% limitation on the amount of securities that smaller
public companies may sell pursuant to primary offerings on Forms S-3
and F-3, as described, strikes the appropriate balance between helping
to facilitate capital formation through the securities markets and our
primary objective of investor protection.

H. Solicitation of Comment

    We encourage the submission of comments with respect to any aspect
of this Initial Regulatory Flexibility Analysis. In particular, we
request comments regarding:
     The number of small entity issuers that may be affected by
the proposed revisions to Forms S-3 and F-3;
     The existence or nature of the potential impact of the
proposed revisions on small entity issuers discussed in the analysis;
and
     How to quantify the impact of the proposed revisions.
    Commenters are asked to describe the nature of any impact and
provide empirical data supporting the extent of the impact. Such
comments will be considered in the preparation of the Final Regulatory
Flexibility Analysis, if the proposed revisions are adopted, and will
be placed in the same public file as comments on the proposed
amendments.

VI. Small Business Regulatory Enforcement Fairness Act

    For purposes of the Small Business Regulatory Enforcement Fairness
Act of 1996,\98\ a rule is ``major'' if it has resulted, or is likely
to result in:
---------------------------------------------------------------------------

    \98\ Pub. L. 104-121, Title II, 110 Stat. 857 (1996).
---------------------------------------------------------------------------

     An annual effect on the U.S. economy of $100 million or
more;
     A major increase in costs or prices for consumers or
individual industries; or
     Significant adverse effects on competition, investment or
innovation.
    We request comment on whether our proposal would be a ``major
rule'' for purposes of the Small Business Regulatory Enforcement
Fairness Act. We solicit comment and empirical data on:
     The potential effect on the U.S. economy on an annual
basis;
     Any potential increase in costs or prices for consumers or
individual industries; and
     Any potential effect on competition, investment, or
innovation.

VII. Statutory Authority and Text of the Amendments

    The amendments described in this release are being proposed under
the authority set forth in Sec. Sec.  6, 7, 8, 10 and 19(a) of the
Securities Act, as amended.

List of Subjects in 17 CFR Part 239

    Reporting and recordkeeping requirements, Securities.

    For the reasons set out in the preamble, the Commission proposes to
amend title 17, chapter II, of the Code of Federal Regulations as
follows:

PART 239--FORMS PRESCRIBED UNDER THE SECURITIES ACT OF 1933

    1. The authority citation for part 239 is revised to read in part
as follows:

    Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, 77z-2, 77z-3,
77sss, 78c, 78l, 78m, 78n, 78o(d), 78u-5, 78w(a), 78ll(d), 77mm,
80a-2(a), 80a-3, 80a-8, 80a-9, 80a-10, 80a-13, 80a-24, 80a-26, 80a-
29, 80a-30, and 80a-37, unless otherwise noted.
* * * * *
    2. Amend Form S-3 (referenced in Sec.  239.13) by adding General
Instruction I.B.6. to read as follows:

    Note: The text of Form S-3 does not, and this amendment will
not, appear in the Code of Federal Regulations.

Form S-3--Registration Statement Under The Securities Act of 1933

* * * * *

General Instructions

I. Eligibility Requirements for Use of Form S-3 * * *

B. Transaction Requirements * * *

    6. Limited Primary Offerings by Certain Other Registrants.
Securities to be offered for cash by or on behalf of a registrant;
provided that:
    (a) The aggregate market value of securities sold by or on
behalf of the registrant pursuant to this Instruction I.B.6. during
the period of 12 calendar months immediately prior to, and
including, the sale is no more than 20% of the aggregate market
value of the voting and non-voting common equity held by non-
affiliates of the registrant; and
    (b) The registrant is not a shell company (as defined in Sec.
230.405 of this chapter) and has not been a shell company for at
least 12 calendar months previously and if it has been a shell
company at any time previously, has filed current Form 10
information with the Commission at least 12 calendar months
previously reflecting its status as an entity that is not a shell
company.

Instructions

    1. ``Common equity'' is as defined in Securities Act Rule 405
(Sec.  230.405 of this chapter). For purposes of computing the
aggregate market value of the registrant's outstanding voting and
non-voting common equity pursuant to General Instruction I.B.6.,
registrants shall use the price at which the common equity was last
sold, or the average of the bid and asked prices of such common
equity, in the principal market for such common equity as of a date
within 60 days prior to the date of sale. See the definition of
``affiliate'' in Securities Act Rule 405 (Sec.  230.405 of this
chapter).
    2. For purposes of computing the aggregate market value of all
securities sold by or on behalf of the registrant in offerings
pursuant to General Instruction I.B.6. during any period of 12
calendar months, registrants shall aggregate the gross proceeds of
such sales; provided, that, in the case of derivative securities
convertible into or exercisable for shares of the registrant's
common equity, registrants shall calculate the aggregate market
value of any underlying equity shares in lieu of the market value of
the derivative securities. The aggregate market value of the
underlying equity shall be calculated by multiplying the maximum
number of common equity shares into which the derivative securities
are convertible or for which they are exercisable as of a date
within 60 days prior to the date of sale, by the same per share
market price of the registrant's equity used for purposes of
calculating the aggregate market value of the registrant's
outstanding voting and non-voting common equity pursuant to
Instruction 1 to General Instruction I.B.6. If the derivative
securities have been converted or exercised, the aggregate market
value of the underlying equity shall be calculated by multiplying
the actual number of shares into which the securities were converted
or received upon exercise, by the market price of such shares on the
date of conversion or exercise.
    3. If the aggregate market value of the registrant's outstanding
voting and non-voting common equity computed pursuant to General
Instruction I.B.6. equals or exceeds $75 million subsequent to the
effective date of this registration statement, then the 20%
limitation on sales specified in General Instruction I.B.6(a) shall
not apply to additional sales made pursuant to this registration
statement on or subsequent to such date and instead the registration
statement shall be considered filed pursuant to General Instruction
I.B.1.
    4. The term ``Form 10 information'' means the information that
is required by Form 10, Form 10-SB, or Form 20-F (Sec.  249.210,
Sec.  249.210b, or Sec.  249.220f of this chapter), as applicable to
the registrant, to register under the Securities Exchange Act of
1934 each class of securities being registered using this form. A
registrant may provide the Form 10 information in another Commission
filing with respect to the registrant.
    5. The date used in Instruction 2 to General Instruction I.B.6.
shall be the same date used in Instruction 1 to General Instruction
I.B.6.
    6. A registrant's eligibility to register a primary offering on
Form S-3 pursuant to General Instruction I.B.6. does not mean that
the registrant meets the requirements of Form S-3 for purposes of
any other rule or regulation of the Commission apart from Rule
415(a)(1)(x) (Sec.  230.415(a)(1)(x)) of this chapter).
* * * * *
    3. Amend Form F-3 (referenced in Sec.  239.33) by adding General
Instruction I.B.5. to read as follows:

    Note: The text of Form F-3 does not, and this amendment will
not, appear in the Code of Federal Regulations.

Form F-3--Registration Statement Under the Securities Act of 1933

* * * * *

General Instructions

I. Eligibility Requirements for Use of Form F-3 * * *

B. Transaction Requirements * * *

    5. Limited Primary Offerings by Certain Other Registrants.
Securities to be offered for cash by or on behalf of a registrant;
provided that:
    (a) The aggregate market value of securities sold by or on
behalf of the registrant pursuant to this Instruction I.B.5. during
the period of 12 calendar months immediately prior to, and
including, the sale is no more than 20% of the aggregate market
value worldwide of the voting and non-voting common equity held by
non-affiliates of the registrant; and
    (b) The registrant is not a shell company (as defined in Sec.
230.405 of this chapter) and has not been a shell company for at
least 12 calendar months previously and if it has been a shell
company at any time previously, has filed current Form 10
information with the Commission at least 12 calendar months
previously reflecting its status as an entity that is not a shell
company.

Instructions

    1. ``Common equity'' is as defined in Securities Act Rule 405
(Sec.  230.405 of this chapter). For purposes of computing the
aggregate market value of the registrant's outstanding voting and
non-voting common equity pursuant to General Instruction I.B.5.,
registrants shall use the price at which the common equity was last
sold, or the average of the bid and asked prices of such common
equity, in the principal market for such common equity as of a date
within 60 days prior to the date of sale. See the definition of
``affiliate'' in Securities Act Rule 405 (Sec.  230.405 of this
chapter).
    2. For purposes of computing the aggregate market value of all
securities sold by or on behalf of the registrant in offerings
pursuant to General Instruction I.B.5. during any period of 12
calendar months, registrants shall aggregate the gross proceeds of
such sales; provided, that, in the case of derivative securities
convertible into or exercisable for shares of the registrant's
common equity, registrants shall calculate the aggregate market
value of any underlying equity shares in lieu of the market value of
the derivative securities. The aggregate market value of the
underlying equity shall be calculated by multiplying the maximum
number of common equity shares into which the derivative securities
are convertible or for which they are exercisable as of a date
within 60 days prior to the date of sale, by the same per share
market price of the registrant's equity used for purposes of
calculating the aggregate market value of the registrant's
outstanding voting and non-voting common equity pursuant to
Instruction 1 to General Instruction I.B.5. If the derivative
securities have been converted or exercised, the aggregate market
value of the underlying equity shall be calculated by multiplying
the actual number of shares into which the securities were converted
or received upon exercise, by the market price of such shares on the
date of conversion or exercise.
    3. If the aggregate market value of the registrant's outstanding
voting and non-voting common equity computed pursuant to General
Instruction I.B.5. equals or exceeds $75 million subsequent to the
effective date of this registration statement, then the 20%
limitation on sales specified in General Instruction I.B.5(a) shall
not apply to additional sales made pursuant to this registration
statement on or subsequent to such date and instead the registration
statement shall be considered filed pursuant to General Instruction
I.B.1.
    4. The term ``Form 10 information'' means the information that
is required by Form 10, Form 10-SB, or Form 20-F (Sec.  249.210,
Sec.  249.210b, or Sec.  249.220f of this chapter), as applicable to
the registrant, to register under the Securities Exchange Act of
1934 each class of securities being registered using this form. A
registrant may provide the Form 10 information in another Commission
filing with respect to the registrant.
    5. The date used in Instruction 2 to General Instruction I.B.5.
shall be the same date used in Instruction 1 to General Instruction
I.B.5.
    6. A registrant's eligibility to register a primary offering on
Form F-3 pursuant to General Instruction I.B.5. does not mean that

the registrant meets the requirements of Form F-3 for purposes of
any other rule or regulation of the Commission apart from Rule
415(a)(1)(x) (Sec.  230.415(a)(1)(x)) of this chapter.
* * * * *

    Dated: June 20, 2007.

    By the Commission.
Nancy M. Morris,
Secretary.
[FR Doc. E7-12301 Filed 6-25-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Notices]
[Page 28593]
[FR Doc No: 2021-11239]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

    Docket Numbers: RP19-810-000.
    Applicants: Tallgrass Interstate Gas Transmission, LP, Trailblazer
Pipeline Company LLC, Rockies Express Pipeline LLC.
    Description: Request for Additional Time to Implement NAESB
Standards of the Tallgrass Pipelines under RP19-810, et al.
    Filed Date: 5/19/21.
    Accession Number: 20210519-5189.
    Comments Due: 5 p.m. ET 6/1/21.

    Docket Numbers: RP19-811-000.
    Applicants: Tallgrass Interstate Gas Transmission, LP, Trailblazer
Pipeline Company LLC, Rockies Express Pipeline LLC.
    Description: Request for Additional Time to Implement NAESB
Standards of the Tallgrass Pipelines under RP19-810, et al.
    Filed Date: 5/19/21.
    Accession Number: 20210519-5189.
    Comments Due: 5 p.m. ET 6/1/21.

    Docket Numbers: RP19-812-000.
    Applicants: Tallgrass Interstate Gas Transmission, LP, Trailblazer
Pipeline Company LLC, Rockies Express Pipeline LLC.
    Description: Request for Additional Time to Implement NAESB
Standards of the Tallgrass Pipelines under RP19-810, et al.
    Filed Date: 5/19/21.
    Accession Number: 20210519-5189.
    Comments Due: 5 p.m. ET 6/1/21.

    Docket Numbers: RP21-830-000.
    Applicants: Leaf River Energy Center LLC.
    Description: Compliance filing Leaf River Compliance filing 5-18-21
to be effective 4/1/2021.
    Filed Date: 5/18/21.
    Accession Number: 20210518-5066.
    Comments Due: 5 p.m. ET 6/1/21.

    Docket Numbers: RP21-831-000.
    Applicants: Elba Express Company, L.L.C.
    Description: Compliance filing Annual Cashout True-up 2021.
    Filed Date: 5/19/21.
    Accession Number: 20210519-5026.
    Comments Due: 5 p.m. ET 6/1/21.

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

    Dated: May 21, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-11239 Filed 5-26-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
[Notices]
[Pages 34914-34917]
[FR Doc No: 2019-15343]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2019-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: New or modified Base (1-percent annual chance) Flood
Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA)
boundaries or zone designations, and/or regulatory floodways
(hereinafter referred to as flood hazard determinations) as shown on
the indicated Letter of Map Revision (LOMR) for each of the communities
listed in the table below are finalized. Each LOMR revises the Flood
Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance
Study (FIS) reports, currently in effect for the listed communities.
The flood hazard determinations modified by each LOMR will be used to
calculate flood insurance premium rates for new buildings and their
contents.

DATES: Each LOMR was finalized as in the table below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at https://msc.fema.gov.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and 90 days have elapsed since that publication.
The Deputy Associate Administrator for Insurance and Mitigation has
resolved any appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The new or modified flood hazard information is the basis for the
floodplain management measures that the community is required either to
adopt or to show evidence of being already in effect in order to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    This new or modified flood hazard information, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities.
    This new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP and are used to
calculate the appropriate flood insurance premium rates for new
buildings, and for the contents in those buildings. The changes in
flood hazard determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at https://msc.fema.gov.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Community
        State and county               Location and case No.         Chief executive officer of community          Community map repository               Date of modification           No.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Arkansas:
    Pulaski (FEMA Docket No.: B- City of Maumelle (18-06-1862P)..  The Honorable Michael Watson, Mayor,     City Hall, 550 Edgewood Drive, Suite    June 11, 2019..................       050577
     1916).                                                         City of Maumelle, 550 Edgewood Drive,    590, Maumelle, AR 72113.
                                                                    Suite 590, Maumelle, AR 72113.
    Pulaski (FEMA Docket No.: B- City of North Little Rock (18-06- The Honorable Joe Smith, Mayor, City of  City Hall, 500 West 13th Street, North  June 11, 2019..................       050182
     1916).                       1862P).                           North Little Rock, 300 Main Street,      Little Rock, AR 72114.
                                                                    North Little Rock, AR 72119.
Colorado:
    Adams (FEMA Docket No.: B-   City of Thornton (18-08-1093P)..  The Honorable Heidi Williams, Mayor,     City Hall, 9500 Civic Center Drive,     June 14, 2019..................       080007
     1916).                                                         City of Thornton, 9500 Civic Center      Thornton, CO 80229.
                                                                    Drive, Thornton, CO 80229.
    Garfield (FEMA Docket No.:   City of Glenwood Springs (19-08-  The Honorable Michael Gamba, Mayor,      Engineering Department, 101 West 8th    June 11, 2019..................       080071
     B-1917).                     0116P).                           City of Glenwood Springs, 101 West 8th   Street, Glenwood Springs, CO 81601.
                                                                    Street, Glenwood Springs, CO 81601.
    Garfield (FEMA Docket No.:   Unincorporated areas of Garfield  The Honorable John Martin, Chairman,     Garfield County Courthouse, 109 8th     June 11, 2019..................       080205
     B-1917).                     County (19-08-0116P).             Garfield County Board of                 Street, Glenwood Springs, CO 81601.
                                                                    Commissioners, 108 8th Street, Suite
                                                                    101, Glenwood Springs, CO 81601.
Florida:

    Bay (FEMA Docket No.: B-     Unincorporated areas of Bay       The Honorable William Dozier, Chairman,  Bay County Planning and Zoning          June 11, 2019..................       120004
     1917).                       County (18-04-4009P).             Bay County Board of Commissioners, 840   Department, 840 West 11th Street,
                                                                    West 11th Street, Panama City, FL        Panama City, FL 32401.
                                                                    32401.
    Lee (FEMA Docket No.: B-     City of Bonita Springs (18-04-    The Honorable Peter Simmons, Mayor,      Community Development Department, 9220  June 14, 2019..................       120680
     1916).                       6716P).                           City of Bonita Springs, 9101 Bonita      Bonita Beach Road, Suite 111, Bonita
                                                                    Beach Road, Bonita Springs, FL 34135.    Springs, FL 34135.
    Lee (FEMA Docket No.: B-     Town of Fort Myers Beach (18-04-  The Honorable Tracy Gore, Mayor, Town    Community Development Department, 2525  June 13, 2019..................       120673
     1916).                       6934P).                           of Fort Myers Beach, 2525 Estero         Estero Boulevard, Fort Myers Beach,
                                                                    Boulevard, Fort Myers Beach, FL 33931.   FL 33931.
    Manatee (FEMA Docket No.: B- City of Bradenton Beach (19-04-   The Honorable John Chappie, Mayor, City  City Hall, 107 Gulf Drive North,        June 11, 2019..................       125091
     1916).                       0245P).                           of Bradenton Beach, 107 Gulf Drive       Bradenton Beach, FL 34217.
                                                                    North, Bradenton Beach, FL 34217.
    Monroe (FEMA Docket No.: B-  City of Key West (19-04-0349P)..  The Honorable Teri Johnston, Mayor,      City Hall, 1300 White Street, Key       June 12, 2019..................       120168
     1917).                                                         City of Key West, P.O. Box 1409, Key     West, FL 33041.
                                                                    West, FL 33041.
    Monroe (FEMA Docket No.: B-  Unincorporated areas of Monroe    The Honorable Sylvia Murphy, Mayor,      Monroe County Building Department,      June 11, 2019..................       125129
     1916).                       County (19-04-0251P).             Monroe County Board of Commissioners,    2798 Overseas Highway, Suite 300,
                                                                    102050 Overseas Highway, Suite 234,      Marathon, FL 33050.
                                                                    Key Largo, FL 33037.
    Monroe (FEMA Docket No.: B-  Unincorporated areas of Monroe    The Honorable Sylvia Murphy, Mayor,      Monroe County Building Department,      June 12, 2019..................       125129
     1917).                       County (19-04-0349P).             Monroe County Board of Commissioners,    2798 Overseas Highway, Suite 300,
                                                                    102050 Overseas Highway, Suite 234,      Marathon, FL 33050.
                                                                    Key Largo, FL 33037.
    Orange (FEMA Docket No.: B-  Unincorporated areas of Orange    The Honorable Teresa Jacobs, Mayor,      Orange County Stormwater Division,      June 11, 2019..................       120179
     1917).                       County (18-04-3127P).             Orange County, 201 South Rosalind        4200 South John Young Parkway,
                                                                    Avenue, 5th Floor, Orlando, FL 32801.    Orlando, FL 32839.
    Orange (FEMA Docket No.: B-  Unincorporated areas of Orange    The Honorable Teresa Jacobs, Mayor,      Orange County Stormwater Division,      June 12, 2019..................       120179
     1917).                       County (19-04-0061P).             Orange County, 201 South Rosalind        4200 South John Young Parkway,
                                                                    Avenue, 5th Floor, Orlando, FL 32801.    Orlando, FL 32839.
    Palm Beach (FEMA Docket      Unincorporated areas of Palm      The Honorable Mack Bernard, Mayor, Palm  Palm Beach County Building Division,    June 14, 2019..................       120192
     No.: B-1916).                Beach County (19-04-0277P).       Beach County Council, 301 North Olive    2300 North Jog Road, West Palm Beach,
                                                                    Avenue, Suite 1201, West Palm Beach,     FL 33411.
                                                                    FL 33401.
    Polk (FEMA Docket No.: B-    Unincorporated areas of Polk      The Honorable George Lindsey III,        Polk County Land Development Division,  June 13, 2019..................       120261
     1916).                       County (18-04-5489P).             Chairman, Polk County Board of           330 West Church Street, Bartow, FL
                                                                    Commissioners, P.O. Box 9005, Drawer     33830.
                                                                    BC01, Bartow, FL 33831.
    Seminole (FEMA Docket No.:   City of Longwood (18-04-6273P)..  The Honorable Ben Paris Mayor, City of   Community Development Department, 174   June 14, 2019..................       120292
     B-1916).                                                       Longwood, 175 West Warren Avenue,        West Church Avenue, Longwood, FL
                                                                    Longwood, FL 32750.                      32750.
Maryland: Independent City       City of Baltimore (18-03-2013P).  The Honorable Catherine E. Pugh, Mayor,  Planning Department, 417 East Fayette   June 11, 2019..................       240087
 (FEMA Docket No.: B-1916).                                         City of Baltimore, 100 North Holliday    Street, 8th Floor, Baltimore, MD
                                                                    Street, Baltimore, MD 21202.             21202.
Massachusetts: Norfolk (FEMA     Town of Dedham (18-01-1423P)....  Mr. James Kern, Manager, Town of         Public Works Department, 55 River       June 13, 2019..................       250237
 Docket No.: B-1916).                                               Dedham, 26 Bryant Street, Dedham, MA     Street, Dedham, MA 02026.
                                                                    02026.
Montana:
    Flathead (FEMA Docket No.:   City of Whitefish (18-08-1047P).  The Honorable John Muhlfeld, Mayor,      Planning and Building Department, 418   June 13, 2019..................       300026
     B-1916).                                                       City of Whitefish, P.O. Box 158,         East 2nd Street, Whitefish, MT 59937.
                                                                    Whitefish, MT 59937.
    Flathead (FEMA Docket No.:   Unincorporated areas of Flathead  The Honorable Philip Mitchell,           Flathead County Planning and Zoning     June 13, 2019..................       300023
     B-1916).                     County (18-08-1047P).             Chairman, Flathead County Board of       Department, 40 11th Street West,
                                                                    Commissioners, 800 South Main Street,    Kalispell, MT 59901.
                                                                    Kalispell, MT 59901.
North Carolina: Randolph (FEMA   Unincorporated Areas of Randolph  The Honorable Darrell L. Frye,           Randolph County Planning Department,    June 6, 2019...................       370195
 Docket No.: B-1916).             County (18-04-5146P).             Chairman, Randolph County Board of       725 McDowell Road, Asheboro, NC 27205.
                                                                    Commissioners, 725 McDowell Road,
                                                                    Asheboro, NC 27205.
Oklahoma:

    Cleveland (FEMA Docket No.:  City of Oklahoma City (18-06-     The Honorable David Holt, Mayor, City    Public Works Department, 420 West Main  June 13, 2019..................       405378
     B-1916).                     3471P).                           of Oklahoma City, 200 North Walker       Street, Suite 700, Oklahoma City, OK
                                                                    Avenue, 3rd Floor, Oklahoma City, OK     73102.
                                                                    73102.
    Payne (FEMA Docket No.: B-   City of Stillwater (18-06-1552P)  The Honorable William Joyce, Mayor,      Development Services Department, 723    June 10, 2019..................       405380
     1924).                                                         City of Stillwater, 723 South Lewis      South Lewis Street, Stillwater, OK
                                                                    Street, Stillwater, OK 74074.            74074.
Pennsylvania:
    Bucks (FEMA Docket No.: B-   Township of Doylestown (18-03-    The Honorable Barbara N. Lyons,          Township Hall, 425 Wells Road,          June 14, 2019..................       420185
     1916).                       1689P).                           Chairman, Township of Doylestown Board   Doylestown, PA 18901.
                                                                    of Supervisors, 425 Wells Road,
                                                                    Doylestown, PA 18901.
    Bucks (FEMA Docket No.: B-   Township of New Britain (18-03-   The Honorable A. James Scanzillo,        Township Hall, 207 Park Avenue,         June 14, 2019..................       420987
     1916).                       1689P).                           Chairman, Township of New Britain        Chalfont, PA 18914.
                                                                    Board of Supervisors, 207 Park Avenue,
                                                                    Chalfont, PA 18914.
    Huntingdon (FEMA Docket      Township of Smithfield (18-03-    The Honorable Doyland Gladfelter,        Code Enforcement Department, 202 South  June 11, 2019..................       420494
     No.: B-1917).                2287P).                           Chairman, Township of Smithfield Board   23rd Street, Suite 3, Huntingdon, PA
                                                                    of Supervisors, 202 South 13th Street,   16652.
                                                                    Suite 3, Huntingdon, PA 16652.
South Carolina: Horry (FEMA      Unincorporated areas of Horry     The Honorable Mark Lazarus, Chairman,    Horry County Department of Code         June 11, 2019..................       450104
 Docket No.: B-1916).             County (18-04-3918P).             Horry County Council, P.O. Box 1236,     Enforcement, 1301 2nd Avenue, Conway,
                                                                    Conway, SC 29528.                        SC 29526.
South Dakota: Minnehaha (FEMA    City of Sioux Falls (18-08-       The Honorable Paul TenHaken, Mayor,      Planning and Building Services          June 14, 2019..................       460060
 Docket No.: B-1917).             1114P).                           City of Sioux Falls, 224 West 9th        Department, 224 West 9th Street,
                                                                    Street, Sioux Falls, SD 57104.           Sioux Falls, SD 57104.
Texas:
    Guadalupe (FEMA Docket No.:  City of Cibolo (18-06-2757P)....  The Honorable Stosh Boyle, Mayor, City   City Hall, 200 South Main Street,       June 14, 2019..................       480267
     B-1916).                                                       of Cibolo, P.O. Box 826, Cibolo, TX      Cibolo, TX 78108.
                                                                    78108.
    Hays (FEMA Docket No.: B-    City of Kyle (18-06-1606P)......  The Honorable Travis Mitchell, Mayor,    Building Department, 100 West Center    May 16, 2019...................       481108
     1917).                                                         City of Kyle, 100 West Center Street,    Street, Kyle, TX 78640.
                                                                    Kyle, TX 78640.
    Hays (FEMA Docket No.: B-    Unincorporated areas of Hays      The Honorable Debbie Ingalsbe, Acting    Hays County Development Services        May 16, 2019...................       480321
     1917).                       County (18-06-1606P).             Hays County Judge, 111 East San          Department, 2171 Yarrington Road,
                                                                    Antonio Street, Suite 300, San Marcos,   Suite 100, Kyle, TX 78640.
                                                                    TX 78666.
    Montgomery (FEMA Docket      Unincorporated areas of           The Honorable Craig B. Doyal,            Montgomery County Commissioners         June 11, 2019..................       480483
     No.: B-1916).                Montgomery County (18-06-3313P).  Montgomery County Judge, 501 North       Office, 501 North Thompson Street,
                                                                    Thompson Street, Suite 401, Conroe, TX   Suite 103, Conroe, TX 77301.
                                                                    77301.
    Tarrant (FEMA Docket No.: B- City of Fort Worth (18-06-2392P)  The Honorable Betsy Price, Mayor, City   Transportation and Public Works         June 13, 2019..................       480596
     1916).                                                         of Fort Worth, 200 Texas Street, Fort    Department, 200 Texas Street, Fort
                                                                    Worth, TX 76102.                         Worth, TX 76102.
    Tarrant (FEMA Docket No.: B- City of Fort Worth (18-06-3022P)  The Honorable Betsy Price, Mayor, City   Transportation and Public Works         June 13, 2019..................       480596
     1916).                                                         of Fort Worth, 200 Texas Street, Fort    Department, 200 Texas Street, Fort
                                                                    Worth, TX 76102.                         Worth, TX 76102.
    Tarrant (FEMA Docket No.: B- City of Fort Worth (18-06-3342P)  The Honorable Betsy Price, Mayor, City   Transportation and Public Works         June 13, 2019..................       480596
     1916).                                                         of Forth Worth, 200 Texas Street, Fort   Department, 200 Texas Street, Fort
                                                                    Worth, TX 76102.                         Worth, TX 76102.
Utah:
    Iron (FEMA Docket No.: B-    City of Cedar City (18-08-0285P)  The Honorable Maile Wilson Edwards,      Engineering Department, 10 North Main   June 13, 2019..................       490074
     1917).                                                         Mayor, City of Cedar City, 10 North      Street, Cedar City, UT 84720.
                                                                    Main Street, Cedar City, UT 84720.
    Iron (FEMA Docket No.: B-    City of Cedar City (18-08-0328P)  The Honorable Maile Wilson, Mayor, City  City Hall, 10 North Main Street, Cedar  May 20, 2019...................       490074
     1904).                                                         of Cedar City, 10 North Main Street,     City, UT 84720.
                                                                    Cedar City, UT 84720.
    Iron (FEMA Docket No.: B-    Unincorporated areas of Iron      The Honorable Michael Bleak, Chairman,   Iron County Engineering and Surveying   May 20, 2019...................       490073
     1904).                       County (18-08-0328P).             Iron County Board of Commissioners, 68   Department, 68 South 100 East,
                                                                    South 100 East, Parowan, UT 84761.       Parowan, UT 84761.

    Salt Lake (FEMA Docket No.:  City of Herriman (18-08-0560P)..  The Honorable David Watts, Mayor, City   City Hall, 13011 South Pioneer Street,  June 10, 2019..................       490252
     B-1916).                                                       of Herriman, 5355 West Herriman Main     Herriman, UT 84096.
                                                                    Street, Herriman, UT 84096.
    Salt Lake (FEMA Docket No.:  Unincorporated areas of Salt      The Honorable Ben McAdams, Mayor, Salt   Salt Lake County Public Works           June 10, 2019..................       490102
     B-1916).                     Lake County (18-08-0560P).        Lake County, 2001 South State Street,    Department, 2001 South State Street,
                                                                    Suite N2-100, Salt Lake City, UT 84190.  Suite N3-100, Salt Lake City, UT
                                                                                84190.
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[FR Doc. 2019-15343 Filed 7-18-19; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: March 17, 2006 (Volume 71, Number 52)]
[Notices]
[Page 13824]
[DOCID:fr17mr06-51]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP02-361-057]

Gulfstream Natural Gas System, L.L.C.; Notice of Negotiated Rates

March 10, 2006.
    Take notice that on March 3, 2006, Gulfstream Natural Gas System,
L.L.C. (Gulfstream) tendered for filing as part of its FERC Gas Tariff,
Original Volume No. 1, Original Sheet Nos. 8.01x through 8.01z,
reflecting an effective date of March 3, 2006.
    Gulfstream states that copies of its filing have been mailed or, if
requested, emailed to all affected customers and interested state
commissions.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive 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>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-3883 Filed 3-16-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 160 (Friday, August 17, 2012)]
[Notices]
[Page 49792]
[FR Doc No: 2012-20248]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9004-5]

Environmental Impacts Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or http://www.epa.gov/compliance/nepa/.

Weekly receipt of Environmental Impact Statements Filed 08/06/2012
Through 08/10/2012
Pursuant to 40 CFR 1506.9

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

SUPPLEMENTARY INFORMATION: Starting October 1, 2012, EPA will not
accept paper copies or CDs of EISs for filing purposes; all submissions
on or after October 1, 2012 must be made through e-NEPA. While this
system eliminates the need to submit paper or CD copies to EPA to meet
filing requirements, electronic submission does not change requirements
for distribution of EISs for public review and comment. To begin using
e-NEPA, you must first register with EPA's electronic reporting site--
https://cdx.epa.gov/epa_home.asp.

EIS No. 20120264, Final EIS, USFS, CA, On Top Hazardous Fuels Reduction
Project, To Disclose the Environmental Effects of a Federal Proposal on
National Forest System (NFS) Land, Plumas National Forest, Feather
River Ranger District, Plumas, Butte Counties, CA, Review Period Ends:
09/17/2012, Contact: Carol Spinos<PHONE_NUMBER>.
EIS No. 20120265, Draft EIS, FHWA, MT, Billings Bypass Improvements,
Connecting Interstate 90 (I-90) east of Billings with Old Highway (Old
Hwy 312), Possible USACE Section 10 and 404 Permits, Yellowstone
County, MT, Comment Period Ends: 10/01/2012, Contact: Brian Hasselbach
406-441-3908.
EIS No. 20120266, Draft EIS, USFS, CO, Village at Wolf Creek Access
Project, Conveyance of Non-Federal Land to the U.S. in Exchange for
National Forest System Lands Managed by the Rio Grande National Forest,
Mineral County, CO, Comment Period Ends: 10/01/2012, Contact: Harold
Dyer<PHONE_NUMBER>.
EIS No. 20120267, Draft EIS, USN, VA, Outdoor Research, Development,
Test and Evaluation Activities within the Potomac River Test Range and
Explosives Experimental Area Complexes, the Mission Area and Special-
Use Airspace at Naval Support Facility Dahlgren, Expansion, Dahlgren,
VA, Comment Period Ends: 10/01/2012, Contact: Jennifer Boyd 540-653-
8695.

Amended Notices

EIS No. 20120184, Draft EIS, NOAA, 00, Issuing Annual Quotas to the
Alaska Eskimo Whaling Commission (AEWC) for a Subsistence Hunt on
Bowhead Whales for the Years 2013 through 2017/2018, Comment Period
Ends: 08/31/2012, Contact: Ellen Sebastian<PHONE_NUMBER>. Revision to FR
Notice Published 06/15/2012; Extending Comment Period from 08/14/2012
to 08/31/2012.
EIS No. 20120197, Draft EIS, USFS, ID, Golden Hand No. 1 and No. 2 Lode
Mining Claims Project, Krassel Ranger District, Payette National
Forest, Valley and Idaho Counties, ID, Comment Period Ends: 08/13/2012,
Contact: Jeff Hunteman<PHONE_NUMBER>. Revision to FR Notice Published
06/29/2012; Extending Comments Period from 08/13/2012 to 09/17/2012.
EIS No. 20120263, Final EIS, USFS, CA, Barren Ridge Renewable
Transmission Project, Construct, Operate, Maintain, and Upgrade 220kV
Electrical Transmission Lines and Switching Stations, Kern and Los
Angeles Counties, CA, Review Period Ends: 09/10/2012, Contact: Justin
Seastrand<PHONE_NUMBER>(AFS), Lynette Elser<PHONE_NUMBER>(BLM).

    Revision to FR Notice Published 08/10/2012; Review Period ends 09/
10/212. More information on the U.S. Forest Service's appeal process is
available at http://www.ladwp.com/barrenridge.

    Dated: July 14, 2012.
Aimee Hessert,
Deputy Director, NEPA Compliance Division, Office of Federal
Activities.
[FR Doc. 2012-20248 Filed 8-16-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 22 (Thursday, February 4, 2021)]
[Proposed Rules]
[Pages 8157-8159]
[FR Doc No: 2021-02323]

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

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0033]
RIN 1625-AA00

Safety Zone; Corpus Christi Ship Channel, Corpus Christi, TX

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for all navigable waters of Corpus Christi Bay and the Corpus
Christi Ship Channel. This action is necessary to provide for the
safety of life on these navigable waters near the Corpus Christi
Bayfront, during an airshow taking place from April 29, 2021 through
May 2, 2021. This proposed rulemaking would prohibit persons and
vessels from being in the safety zone unless authorized by the Captain
of the Port Sector Corpus Christi or a designated representative. We
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before April 5, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0033 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LCDR Margaret Brown, Waterways
Management Division, Sector Corpus Christi, U.S. Coast Guard, email
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    On November 20, 2020, Schultz Airshows notified the Coast Guard
that the Buccaneer Commission will host the Wings Over South Texas
Airshow daily, 11:30 a.m. to 4:30 p.m. from April 29, 2021 through May
2, 2021. The Airshow's aerobatic box will take place over Corpus
Christi Bay within a rectangular zone defined by the following
coordinates; 27[deg]49'2.78'' N, 097[deg]23'16.1'' W; 27[deg]47'3.69''
N, 097[deg]23'14.62'' W; 27[deg]49'2.73'' N, 097[deg]22'42.97'' W;
27[deg]47'5.46'' N, 097[deg]22'41.02'' W; and back to 27[deg]49'2.78''
N, 097[deg]23'16.1'' W. The Captain of the Port Sector Corpus Christi
(COTP) has determined that potential hazards associated with the
Airshow would be a safety concern for anyone within the defined area.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within the aerobatic box before, during, and
after the scheduled event. The Coast Guard is proposing this rulemaking
under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone daily from 11:30
a.m. to 4:30 p.m. from April 29, 2021 through May 2, 2021. The safety
zone would cover all navigable waters within a rectangular zone defined
by the following coordinates; 27[deg]49'2.78'' N, 097[deg]23'16.1'' W;
27[deg]47'3.69'' N, 097[deg]23'14.62'' W; 27[deg]49'2.73'' N,
097[deg]22'42.97'' W; 27[deg]47'5.46'' N, 097[deg]22'41.02'' W; and
back to 27[deg]49'2.78'' N, 097[deg]23'16.1'' W. The duration of the
zone is intended to ensure the safety of vessels and these navigable
waters before, during, and after the scheduled 11:30 a.m. to 4:30 p.m.
airshow. No vessel or person would be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic,
including that which transits the portion of the Corpus Christi Ship
Channel that is within the zone, would be permitted to move before and
after the effective time of the zone. Moreover, the Coast Guard would
issue a Broadcast Notive to Mariners via FHF-FM marine channel 16 about
the zone, and the rule would allow vessels to seek permission to enter
the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves safety
zone lasting 5 hours daily for 4 days that would prohibit entry within
the defined aerobatic box. Normally such actions are categorically
excluded from further review under paragraph L60 of Appendix A, Table 1
of DHS Instruction Manual 023-01-001-01, Rev. 1. A preliminary
Memorandum for Record supporting this determination is available in the
docket. For instructions on locating the docket, see the ADDRESSES
section of this preamble. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and 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).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0033 to read as follows:

Sec.  165.T08-0033   Safety Zone; Corpus Christi Bay, Corpus Christi,
TX.

    (a) Location. The following area is a temporary safety zone: all
navigable waters of the Corpus Christi Bay within the following defined
coordinates: 27[deg]49'2.78'' N, 097[deg]23'16.1'' W; 27[deg]47'3.69''
N, 097[deg]23'14.62'' W; 27[deg]49'2.73'' N, 097[deg]22'42.97'' W;
27[deg]47'5.46'' N, 097[deg]22'41.02'' W; and back to 27[deg]49'2.78''
N, 097[deg]23'16.1'' W.
    (b) Effective period. This section is effective daily from 11:30
a.m. to 4:30 p.m. from April 29, 2021 through May 2, 2021.
    (c) Regulations. (1) According to the general regulations in Sec.
165.23, entry into this temporary safety zone is prohibited unless
authorized by the Captain of the Port Sector Corpus Christi (COTP) or a
designated representative. They may be contacted on Channel 16 VHF-FM
(156.8 MHz) or by telephone at<PHONE_NUMBER>.
    (2) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative.
    (d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners, Local Notices to
Mariners, and/or Safety Marine Information Broadcasts as appropriate.

    Dated: January 29, 2021.
E.J. Gaynor,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2021-02323 Filed 2-3-21; 8:45 am]
BILLING CODE 9110-04-P