[Federal Register Volume 81, Number 60 (Tuesday, March 29, 2016)]
[Notices]
[Page 17476]
[FR Doc No: 2016-07082]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4256-DR; Docket ID FEMA-2016-0001]

Oklahoma; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Oklahoma (FEMA-4256-DR), dated February 10, 2016, and
related determinations.

DATES: Effective: March 17, 2016.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Oklahoma is hereby amended to include the following
area among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of February 10, 2016.
    Ottawa County for Public Assistance.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-07082 Filed 3-28-16; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 84, Number 97 (Monday, May 20, 2019)]
[Notices]
[Page 22838]
[FR Doc No: 2019-10423]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: CP17-15-002.
    Applicants: Dominion Energy Cove Point LNG, LP.
    Description: Amendment to Application of Dominion Energy Cove Point
LNG, LP.
    Filed Date: 5/6/19.
    Accession Number: 20190506-5168.
    Comments Due: 5 p.m. ET 5/28/19.

    Docket Numbers: RP19-879-001.
    Applicants: Southern Natural Gas Company, L.L.C.
    Description: Compliance filing Order No. 587-Y Correction Filing to
be effective 8/1/2019.
    Filed Date: 5/9/19.
    Accession Number: 20190509-5082.
    Comments Due: 5 p.m. ET 5/16/19.

    Docket Numbers: RP19-880-001.
    Applicants: Southern LNG Company, L.L.C.
    Description: Compliance filing Order No. 587-Y Correction Filing to
be effective 8/1/2019.
    Filed Date: 5/9/19.
    Accession Number: 20190509-5088.
    Comments Due: 5 p.m. ET 5/16/19.

    Docket Numbers: RP19-881-001.
    Applicants: Elba Express Company, L.L.C.
    Description: Compliance filing Order No. 587-Y Correction Filing to
be effective 8/1/2019.
    Filed Date: 5/9/19.
    Accession Number: 20190509-5094.
    Comments Due: 5 p.m. ET 5/16/19.

    Docket Numbers: RP19-1217-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Sec.  4(d) Rate Filing: Superseding Neg Rate Agmt
(Encana 2075) to be effective 4/1/2019.
    Filed Date: 5/10/19.
    Accession Number: 20190510-5034.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: RP19-1218-000.
    Applicants: Cameron Interstate Pipeline, LLC.
    Description: Sec.  4(d) Rate Filing: Neg Rate Non-Conf Filing and
Addition of Volume 1A to eTariff to be effective 6/10/2019.
    Filed Date: 5/10/19.
    Accession Number: 20190510-5087.
    Comments Due: 5 p.m. ET 5/22/19.

    Docket Numbers: RP19-1219-000.
    Applicants: Golden Pass Pipeline LLC.
    Description: Pre-Arranged/Pre-Agreed (Stipulation and Agreement of
Settlement) Filing of Golden Pass Pipeline, LLC under RP19-1219.
    Filed Date: 5/10/19.
    Accession Number: 20190510-5109.
    Comments Due: 5 p.m. ET 5/22/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and Sec.  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 14, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-10423 Filed 5-17-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 120 (Friday, June 23, 2017)]
[Notices]
[Pages 28722-28724]
[FR Doc No: 2017-13105]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80974; File No. SR-MRX-2017-09]

Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Regarding Quote
Mitigation

June 19, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 15, 2017, Nasdaq MRX, LLC (``MRX'' or ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I, II, and III, below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend MRX Rule 804(h), regarding quote
mitigation.
    The text of the proposed rule change is available on the Exchange's
Web site at www.ise.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend MRX Rule 804, entitled ``Market
Maker Quotations,'' to specifically amend Rule 804(h) which addresses
the Exchange's quote traffic mitigation plan to adopt a similar quote
mitigation plan to that of NASDAQ PHLX LLC (``Phlx'').
    ISE Mercury, LLC (now known as MRX) implemented its quote
mitigation plan in 2013, at the time it filed its Form 1
application.\3\ At that time, MRX adopted the same quote mitigation
plan that was in effect on ISE.\4\
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    \3\ See Securities Exchange Release Act. No.76998 (January 29,
2016), 81 FR 6066 (February 4, 2016) (File No. 10-221) (In the
Matter of the Application of ISE Mercury, LLC for Registration as a
National Securities Exchange; Findings, Opinion, and Order of the
Commission). This pilot has since been extended several times.
    \4\ See Securities Exchange Release Act. No. 55161 (February 1,
2007), 72 FR 4754 (January 24, 2007) (SR-ISE-2006-62) (Order
Granting Approval to Proposed Rule Change as Modified by Amendment
Nos. 1 and 2 Thereto, To Implement a Penny Pilot Program To Quote
Certain Options in Pennies).
---------------------------------------------------------------------------

    MRX Rule 804(h) provides that MRX shall utilize a mechanism so that
newly-received quotations and other changes to the Exchange's best bid
and offer are not disseminated for a period of up to,

but not more than one second. With the upcoming planned migration to
INET,\5\ the Exchange proposes to utilize a plan similar to that of
Phlx for quote mitigation. The Exchange proposes to amend Rule 804(h)
to adopt language similar to Phlx. Since 2007, Phlx has operated on
INET, the same system that MRX will be migrating to utilize.
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    \5\ See SR-MRX-2017-02 (not yet published). The Commission notes
that MRX-2017-02 was published for comment in the Federal Register
on June 5, 2017. See Securities Exchange Act Release No. 80815 (May
30, 2017), 82 FR 25827.
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    Phlx Rule 1082(a)(ii)(C) sets forth the conditions under which Phlx
disseminates updated quotations based on changes in the Exchange's
disseminated price and/or size. Phlx disseminates an updated bid and
offer price, together with the size associated with such bid and offer,
when: (1) Phlx's disseminated bid or offer price increases or
decreases; (2) the size associated with Phlx's disseminated bid or
offer decreases; or (3) the size associated with Phlx's bid (offer)
increases by an amount greater than or equal to a percentage (never to
exceed 20%) \6\ of the size associated with the previously disseminated
bid (offer). Such percentage, which would never exceed 20%, would be
determined on an issue-by-issue basis by the Exchange and announced to
membership via an Exchange circular. The percentage size increase
necessary to give rise to a refreshed quote may vary from issue to
issue, depending, without limitation, on the liquidity, average volume,
and average number of quotations submitted in the issue. The mitigation
would apply to all options traded on MRX.
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    \6\ Phlx has set its percentage to 10%. See http://www.nasdaqtrader.com/content/phlxmemos/2007/jan/0197-07.pdf.
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    The Exchange will not be adopting Phlx Rule 1082(a)(ii)(C)(4). This
functionality is not necessary on INET. Phlx adopted 1082(a)(ii)(C)(4)
when it was not operating on INET, with its subsequent replatform to
INET functionality, 1082(a)(ii)(C)(4) was no longer necessary because
of the real-time features which exist on INET. The INET functionality
rendered the rule text in 1082(a)(ii)(C)(4) as unnecessary.
    The Exchange will begin a system migration to Nasdaq INET in Q3 of
2017.\7\ The migration will be on a symbol by symbol basis as specified
by the Exchange in a notice to Members. The Exchange is proposing to
implement this rule change once all symbols have migrated to INET.
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    \7\ See SR-MRX-2017-02 (not yet published). The Commission notes
that MRX-2017-02 was published for comment in the Federal Register
on June 5, 2017. See Securities Exchange Act Release No. 80815 (May
30, 2017), 82 FR 25827.
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    Upon completion of the migration to INET, MRX will set an initial
percentage of 3% to be applied to all issues, which will be announced
in an Options Trader Alert. MRX will continue to monitor the quote
activity on the market and would not notify participants of any
incremental increase in the size of the Exchange's quote to be
disseminated to OPRA.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\8\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\9\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest,
by reducing the number of options quotations required to be submitted
to OPRA and, therefore, mitigating the Exchange's quote message traffic
and capacity. By adopting a quote mitigation plan similar to Phlx, the
Exchange will continue to mitigate quotes and monitor its quote
capacity, as is the case today. While the Phlx method differs from that
of MRX's rule, the Exchange believes that Phlx's method today
successfully mitigates quotes on that market. In addition, MRX desires
to adopt a similar mitigation as currently utilized by its affiliated
market, as it will operate on the same architecture.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Phlx quote mitigation process has been in place since 2007.
Phlx is operating on the INET system today, the same system that MRX
will migrate to for its operating system. The Exchange believes that
Phlx's quote mitigation process has successfully controlled Phlx's
quote capacity. The Exchange believes that it is reasonable to utilize
a similar process as Phlx to mitigate quotes for MRX given the system
architecture which will be utilized on MRX with the upcoming migration.
Additionally, Nasdaq, Inc., a common parent to Phlx and MRX, has
experience with this quote mitigation strategy on INET. The Exchange
has selected to mitigate MRX at 3% to start and determine if the
percentage will need to be adjusted thereafter. The Exchange has
selected to mitigate MRX at 3% initially because, unlike Phlx, which is
a mature market with various auction offerings and higher volumes, MRX
is a not as large in volume and has fewer functional offerings, e.g.,
complex orders and floor trading. The Exchange notes that it will
continue to monitor quotes on MRX and make adjustments as necessary.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange proposes to
mitigate all options trading on MRX. All options exchanges have a quote
mitigation process in place in connection with their participation in
the Penny Pilot Program.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \10\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule

change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-MRX-2017-09 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MRX-2017-09. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-MRX-2017-09 and should be
submitted on or before July 14, 2017.
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    \12\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-13105 Filed 6-22-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: November 24, 2010 (Volume 75, Number 226)]
[Rules and Regulations]
[Page 71543-71545]
[DOCID:fr24no10-10]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0999]
RIN 1625-AA00

Safety Zone; Gulf Intracoastal Waterway, Mile Marker 49.0 to
50.0, west of Harvey Locks, Bank to Bank, Bayou Blue Pontoon Bridge,
Lafourche 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
Gulf Intracoastal Waterway extending from Mile Marker 49.0 to Mile
Marker 50.0, bank to bank, West of Harvey Locks, Lafourche Parish, LA.
This Safety Zone is needed to protect the general public, vessels, and
tows from destruction, loss, or injury due to repairs of the Bayou Blue
Pontoon Bridge and associated hazards.

DATES: This rule is effective in the CFR on November 24, 2010 through
February 28, 2011. This rule is effective with actual notice for
purposes of enforcement on October 28, 2010. This rule will remain in
effect until February 28, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0999 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0999 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 Lieutenant Junior Grade (LTJG) Barron
Lacy, 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
impracticable, as immediate action is needed to protect the general
public, vessel and tows from hazards associated with the repairs of the
Bayou Blue Pontoon Bridge, Mile Marker 49.8, Gulf Intracoastal
Waterway, West of Harvey Locks.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Publishing a NPRM and delaying its
effective date would be impracticable, as immediate action is needed to
protect the general public, vessel and tows from hazards associated
with the repairs of the Bayou Blue Pontoon Bridge, Mile Marker 49.8,
Gulf Intracoastal Waterway, West of Harvey Locks.

Background and Purpose

    The Bayou Blue Pontoon Bridge on State Route 316 across the Gulf
Intracoastal Waterway, Mile 49.8 West of Harvey Lock, near Bourg,
Louisiana has been severely damaged as the result of a vessel allision.
The pontoon barge has been secured along the north side of the waterway
and protrudes approximately 30 feet into the navigational channel. Most
of the fender system has been destroyed or has been seriously damaged.
As a result, the bridge must be repaired, and the Coast Guard is
establishing a safety zone to ensure the safety of persons and vessels
due to the hazards during this time.

Discussion of Rule

    The Coast Guard is establishing a temporary Safety Zone in the Gulf
Intracoastal Waterway from Mile Marker 49.0 to 50.0, bank to bank, West
of Harvey locks. The temporary Safety Zone will continue from November
1, 2010 through February 28, 2011. Vessels and tows may not enter this
zone unless authorized by the Captain of the Port Morgan City.
    In order to facilitate repairs, the following waterway closure
schedule will be implemented Mondays through Fridays beginning November
1, 2010 and continuing through the end of February, 2011, at the
following times:
    6 a.m. to 10:30 a.m.--Complete closure with the exception of small
tows less than 40 feet wide and small boats.
    10:30 a.m. to 1:30 p.m.--Open to all tows with eastbound traffic
allowed to transit first, followed by westbound traffic.
    1:30 p.m. to 6 p.m.--Complete closure with the exception of small
tows less than 40 feet and small boats. Outside of the above closure
times and on weekends, mariners will be able to transit through the
work zone unrestricted. Additionally, no waterway restrictions will
occur during the following holidays: Thanksgiving holidays (November 25
through 28, 2010); Christmas Holidays (December 24 through 26, 2010)
and New Year's Holidays (December 31, 2010 through January 2, 2011).
Diving operations will be conducted throughout the repair operation.
All mariners are to contact the bridge on VHF-FM Channel 13 or at
telephone<PHONE_NUMBER> in advance of arriving at the bridge for
clearance and passing instructions. Mariners may also contact the
attendant tug, M/V MISS DIXIE on VHF-FM Channel 13. Once cleared for
passage, mariners should exercise extreme caution and transiting
through the bridge at slowest safe speed.

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 be in effect for a short period of time and
notifications to the marine community will be made through broadcast
notice to mariners and Local Notice to Mariners. 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 from 01 NOV, 2010 through 28 FEB, 2011.
This Safety Zone will not have a significant economic impact on a
substantial number of small entities because this rule will be in
effect for only a short period of time.
    If you are a small business entity and are significantly affected
by this regulation, please contact LTJG Barron Lacy, 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 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

Taking of Private Property

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

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 involves an emergency situation
and will be in effect for over one week, but is not expected to result
in any significant adverse environmental impact as described in NEPA.
    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.

0
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. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 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. Add Sec.  165.T08-0999 to read as follows:

Sec.  165.T08-0999  Safety Zone; Gulf Intracoastal Waterway, Mile
Marker 49.0 to Mile Marker 50.0, West of Harvey Locks, bank to bank,
Lafourche Parish, LA.

    (a) Enforcement areas. Gulf Intracoastal Waterway, Mile Marker 49.0
to Mile Marker 50.0, West of Harvey Locks, bank to bank, Lafourche
Parish, LA.
    (b) Enforcement times. This safety zone will be enforced at the
following times:
    (1) 6 a.m. to 10:30 a.m.--Complete closure with the exception of
small tows less than 40 feet wide and small boats.
    (2) 10:30 a.m. to 1:30 p.m.--Open to all tows with eastbound
traffic allowed to transit first, followed by westbound traffic.
    (3) 1:30 p.m. to 6 p.m.--Complete closure with the exception of
small tows less than 40 feet and small boats.
    (4) Outside of the above closure times and on weekends, mariners
will be able to transit through the work zone unrestricted.
Additionally, no waterway restrictions will occur during the following
holidays: Thanksgiving holidays (November 25 through 28, 2010);
Christmas Holidays (December 24 through 26, 2010) and New Year's
Holidays (December 31, 2010 through January 2, 2011).
    (b) Effective date. This rule is effective from October 28, 2010,
through February 28, 2011.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.33 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Morgan City.
    (2) 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. They may be contacted on VHF Channel 13 or
16, or by telephone at<PHONE_NUMBER>.
    (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.

    Dated: October 28, 2010.
J.C. Burton,
Captain, U.S. Coast Guard, Captain of the Port Morgan City, Louisiana.
[FR Doc. 2010-29670 Filed 11-23-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: March 1, 2007 (Volume 72, Number 40)]
[Notices]
[Page 9319]
[DOCID:fr01mr07-41]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-175-000]

Alliance Pipeline L.P.; Notice of Proposed Change in FERC Gas
Tariff

February 23, 2007.
    Take notice that on February 20, 2007, Alliance Pipeline L.P.
(Alliance) tendered for filing as part of its FERC Gas Tariff, Original
Volume No. 1, the following tariff sheets, to become effective March
12, 2007:

First Revised Sheet No. 256.
Original Sheet No. 256A.

    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. E7-3601 Filed 2-28-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 56 (Wednesday, March 23, 2016)]
[Rules and Regulations]
[Pages 15440-15444]
[FR Doc No: 2016-06434]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R09-RCRA-2015-0822; FRL-9943-99-Region 9]

Nevada: Final Authorization of State Hazardous Waste Management
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: Nevada has applied to the Environmental Protection Agency
(EPA) for final authorization of changes to its hazardous waste program
under the Resource Conservation and Recovery Act (RCRA). EPA has
determined that these changes satisfy all requirements needed to
qualify for final authorization, and is authorizing the State's changes
through this direct final rule. In the ``Proposed Rules'' section of
today's Federal Register, EPA is also publishing a separate document
that serves as the proposal to authorize these changes. EPA believes
this action is not controversial and does not expect comments that
oppose it. Unless EPA receives written comments that oppose this
authorization during the comment period, the decision to authorize
Nevada's changes to its hazardous waste program will take effect. If
EPA receives comments that oppose this action, EPA will publish a
document in the Federal Register withdrawing today's direct

final rule before it takes effect, and the separate document in today's
``Proposed Rules'' section of this Federal Register will serve as the
proposal to authorize the changes.

DATES: This final authorization will become effective on June 6, 2016
unless EPA receives adverse written comment by May 9, 2016. If EPA
receives such comment, EPA will publish a timely withdrawal of this
direct final rule in the Federal Register and inform the public that
this authorization will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
RCRA-2015-0822 at www.regulations.govorviaemailtoAmaro.Laurie<EMAIL_ADDRESS>
For comments submitted at Regulations.gov, follow the on-line
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. For either manner of
submission, the EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Instructions: EPA must receive your comments by May 9, 2016. Direct
your comments to Docket ID Number EPA-R09-RCRA-2015-0822.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Publicly available docket materials are
available either electronically in www.regulations.gov, or in hard
copy.
    You can view and copy Nevada's application and associated publicly
available materials at the EPA Region 9 Library-Information Center, 75
Hawthorne Street, San Francisco, CA 94105, Phone:<PHONE_NUMBER>, during
business hours from 9 a.m. to 12 p.m. and 1 p.m. to 4 p.m. Monday
through Thursday; or at the Nevada Department of Conservation and
Natural Resources, Division of Environmental Protection, 901 So.
Stewart Street, Ste. 4001, Carson City, NV 89701, Phone number: 775-
687-4670, during business hours from 9 a.m. to 5 p.m. Monday through
Friday. Interested persons wanting to examine these documents should
make an appointment with the relevant office at least 24 hours in
advance.

FOR FURTHER INFORMATION CONTACT: Laurie Amaro<EMAIL_ADDRESS>
415-972-3364, U.S. EPA Region IX, 75 Hawthorne Street (LND-1-1), San
Francisco, CA 94105.

SUPPLEMENTARY INFORMATION:

A. Why are revisions to state programs necessary?

    States that have received final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the federal program. As the federal program changes, states must
change their programs and ask EPA to authorize the changes. Changes to
state programs may be necessary when federal or state statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, states must change their programs because of changes to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 268, 270, 273, and 279.
    New federal requirements and prohibitions imposed by federal
regulations that EPA promulgates pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) take effect in authorized states at the
same time that they take effect in unauthorized states. Thus, EPA will
implement those requirements and prohibitions in Nevada, including the
issuance of new permits implementing those requirements, until the
State is granted authorization to do so.

B. What decisions has EPA made in this rule?

    On November 25, 2015, and December 28, 2015, Nevada submitted final
complete program revision applications seeking authorization of changes
to its hazardous waste program that correspond to certain federal rules
promulgated between July 1, 2005, and June 30, 2008, (also known as
RCRA Clusters XVI through XVIII). EPA concludes that Nevada's
application to revise its authorized program meets all of the statutory
and regulatory requirements established by RCRA, as set forth in RCRA
section 3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, EPA
grants Nevada final authorization to operate as part of its hazardous
waste program the changes listed below in Section G of this document,
as further described in the authorization application.
    Nevada has responsibility for permitting treatment, storage, and
disposal facilities within its borders (except in Indian country) and
for carrying out the aspects of the RCRA program described in its
revised program application, subject to the limitations of HSWA, as
discussed above.

C. What is the effect of today's authorization decision?

    The effect of this decision is that the changes described in
Nevada's authorization application will become part of the authorized
state hazardous waste program, and therefore will be federally
enforceable. Nevada will continue to have primary enforcement authority
and responsibility for its state hazardous waste program. EPA retains
its authorities under RCRA sections 3007, 3008, 3013, and 7003,
including its authority to:
     Conduct inspections, and require monitoring, tests,
analyses or reports;
     Enforce RCRA requirements, including authorized state
program requirements, and suspend or revoke permits; and
     Take enforcement actions regardless of whether the state
has taken its own actions.
    This action does not impose additional requirements on the
regulated community because the regulations for which Nevada is being
authorized by today's action are already effective, and are not changed
by today's action.

D. Why wasn't there a proposed rule before today's rule?

    Along with this direct final rule, EPA is publishing a separate
document in the ``Proposed Rules'' section of today's Federal Register
that serves as the proposal to authorize these state program changes.
EPA did not publish a proposal before today's rule because EPA views
this as a routine program change and does not expect comments that
oppose this approval. EPA is providing an opportunity for public
comment now, as described in Section E of this document.

E. What happens if EPA receives comments that oppose this action?

    If EPA receives comments that oppose this authorization, EPA will
withdraw today's direct final rule by publishing a document in the
Federal Register before

this rule becomes effective. EPA will base any further decision on the
authorization of the state program changes on the proposal mentioned in
the previous section, after considering all comments received during
the comment period. EPA will then address all such comments in a later
final rule. You may not have another opportunity to comment. If you
want to comment on this authorization, you must do so at this time.
    If EPA receives comments that oppose only the authorization of a
particular change to the state hazardous waste program, EPA will
withdraw that part of this rule but the authorization of the program
changes that the comments do not oppose will become effective on the
date specified above. The Federal Register withdrawal document will
specify which part of the authorization will become effective, and
which part is being withdrawn.

F. What has Nevada previously been authorized for?

    Nevada initially received final authorization on August 19, 1985,
effective November 1, 1985 (50 FR 42181) to implement the RCRA
hazardous waste management program. Nevada has since received
authorization for all revisions except for 40 CFR 260.22 and the final
rule published on April 12, 1989 (61 FR 16289) addressing Imports and
Exports of Hazardous Waste. EPA granted authorization for changes to
Nevada's program on the following dates: April 29, 1992, effective June
29, 1992 (57 FR 18083); May 27, 1994 and June 23, 1994 (corrections),
effective July 26, 1994 (59 FR 27472 and 59 FR 32489); April 11, 1995,
effective June 12, 1995 (60 FR 18358); June 24, 1996, effective August
23, 1996 (61 FR 32345); January 29, 1999, effective March 30, 1999 (64
FR 4596), June 12, 2002, effective August 12, 2002 (67 FR 40229); and
February 26, 2009, effective April 27, 2009 (74 FR 8757).

G. What changes is EPA authorizing with today's action?

    On November 25 and December 28, 2015, Nevada submitted final
complete program revision applications, seeking authorization of those
changes in accordance with 40 CFR 271.21. EPA now makes an immediate
final decision, subject to receipt of written comments that oppose this
action, that Nevada's hazardous waste program revisions are equivalent
to, consistent with, and no less stringent than the federal program,
and therefore satisfy all of the requirements necessary to qualify for
final authorization. Accordingly, EPA grants Nevada final authorization
for the following program changes:

1. Program Revision Changes for Federal Rules

    Nevada adopts by reference the federal RCRA regulations in effect
as of July 1, 2008, at Nevada Administrative Code (NAC) 444.8632, as
modified by NAC 444.86325, 444.8633, and 444.8634, as adopted in LCB
File R137-07, effective January 30, 2008, LCB File R015-08, effective
April 17, 2008, and LCB File R153-08, effective April 23, 2009. The
federal requirements for which the State is being authorized are as
follows:
RCRA Cluster XVI (Federal Rules Published From July 1, 2005, to June
30, 2006)
 Adopted by Nevada as Indicated in LCB File R137-07, Effective
January 30, 2008
 Mercury Containing Equipment Final Rule (70 FR 45508, August
5, 2005) (Checklist 209)
 Standardized Permit Final Rule (70 FR 53420, September 8,
2005) (Checklist 210)
 Revision of Wastewater Treatment Exemptions for Hazardous
Waste Mixtures (Headworks Exemption) Final Rule (70 FR 57769, October
4, 2005) (Checklist 211)
 National Emission Standards for Hazardous Air Pollutants:
Final Standards for Hazardous Air Pollutants for Hazardous Waste
Combustors (Phase I Final Replacement Standards and Phase II) Final
Rule (70 FR 59402, October 12, 2005) (Checklist 212)
 Burden Reduction Initiative Final Rule (71 FR 16862, April 4,
2006) (Checklist 213)
RCRA Cluster XVII (Federal Rules Published From July 1, 2006, to June
30, 2007)
 Adopted by Nevada as indicated in LCB File R15-08, effective
April 17, 2008
 Corrections to Errors in the CFR Final Rule (71 FR 40254, July
14, 2006) (Checklist 214)
 Cathode Ray Tubes Final Rule (71 FR 42928, July 28, 2006)
(Checklist 215)
RCRA Cluster XVIII (Federal Rules Published From July 1, 2007, to June
30, 2008)
 Adopted by Nevada as Indicated in LCB File R153-08, Effective
April 23, 2009
 National Emission Standards for Hazardous Air Pollutants:
Standards for Hazardous Waste Combustors Amendments (73 FR 18970, April
8, 2008) (Checklist 217)
 Amendment to Hazardous Waste Code F019 Final Rule (73 FR
31756, June 4, 2008) (Checklist 218)

2. Miscellaneous Changes

    During the review of Nevada's regulations, EPA identified several
changes that Nevada had made to provisions EPA had previously
authorized, as well as a number of state provisions that have never
been authorized. In its program revision applications described in
Section G., Nevada also addressed state-initiated changes. These
miscellaneous changes, which are listed following this paragraph,
generally (1) update the CFR reference dates to conform to the State's
adoption of the federal regulations and (2) update addresses. EPA has
evaluated the changes addressed in this section and has determined that
the State's authorized hazardous waste program, as amended by these
provisions, remains equivalent to, consistent with, and no less
stringent than the federal RCRA program for which the State is
authorized.
    NAC, as amended effective April 23, 2009, sections 444.8427,
444.84275, 444.850, 444.86325, 444.8633, 444.8688, 444.8741, and
444.980.
    Additionally, EPA is authorizing Nevada Revised Statutes (NRS)
459.501 and NRS 459.502. While these statutes are not new, EPA had not
previously approved these sections as part of the State's authorized
program because the sections require soil and water sample analyses and
hazardous waste characterizations to be performed by a certified
laboratory, but previously there were no regulations governing
certification of laboratories. Nevada submitted LCB File R061-04,
effective October 7, 2004, in its final complete program application,
in which Nevada adopted regulations at NAC 459.96902-.9699 governing
certification of laboratories. Because these regulations are now in
place, EPA is authorizing NRS 459.501 and NRS 459.502.

H. Where are the revised state rules different from the federal rules?

    One of the changes made to federal rules was for 40 CFR
279.10(b)(2), made by the July 14, 2006, final rule for Corrections to
Errors in the Code of Federal Regulations (71 FR 40254; Checklist 214).
As specified in NAC 444.86325(1)(k), Nevada has not adopted or
incorporated by reference the provisions in 40 CFR 279.10(b)(2), which
specify the applicability of the 40 CFR part 279 used oil requirements
to mixtures of used oil and characteristic hazardous waste, and
therefore no changes needed to be made to Nevada's

regulations to correct the errors in 40 CFR 279.10(b)(2). NAC 444.8681
codifies the Nevada regulations for mixing of used oil with hazardous
waste or products, which are more stringent than those found in the
federal regulations in 40 CFR 279.10(b).
    As discussed in Section G.2. above, NAC 459.96902-.9699 are new
regulations governing certification of laboratories that analyze soil
and water samples and characterize hazardous waste, adopted by LCB File
R061-04, effective October 7, 2004. The regulations were promulgated
pursuant to NRS 459.500, which is already a part of the State's
authorized program. The regulations themselves are broader in scope
than the federal RCRA program because the federal program does not
regulate certification of laboratories, and therefore the regulations
are not federally enforceable. However, because Nevada has now put
these regulations in place, EPA is authorizing NRS 459.501 and NRS
459.502. These provisions require soil and water sample analyses and
hazardous waste characterizations to be performed by a certified
laboratory. Because the federal program does not address where to send
samples for analysis, Nevada's provisions are more stringent than the
federal RCRA program for which the State is authorized.
    NAC 444.84555, which was previously identified as broader in scope
and therefore not part of the authorized program, has been updated to
reflect an address change. NAC 444.9452, which is part of the State's
regulations governing facilities that manage waste containing
polychlorinated biphenyls, a program previously identified as broader
in scope due to the requirement to obtain a RCRA permit prior to the
commencement of construction, has been updated to reflect a date
change. These provisions continue to be broader in scope and EPA is not
authorizing them in this revision package.
    EPA cannot delegate the federal requirements in 40 CFR 261.39(a)(5)
and 261.41 contained in the Cathode Ray Tubes Rule set forth in 71 FR
42928, July 28, 2006. While Nevada adopted these requirements by
reference in NAC 444.8632, EPA will continue to implement these
requirements.
    There is an outstanding issue in the revised Nevada program that
will not be authorized at this time. Nevada's program revisions include
bringing its spent antifreeze recycling program up to date. As
discussed in greater detail in the February 26, 2009, Federal Register
(74 FR 8759), EPA is not authorizing the spent antifreeze recycling
program because it may be less stringent than the federal program.
    After Nevada adopted the ``Regulation of Oil-Bearing Hazardous
Secondary Materials From the Petroleum Refining Industry Processed in a
Gasification System to Produce Synthesis Gas'' Final Rule (73 FR 57,
January 2, 2008) (``Gasification Rule'') at NAC 444.8632, the United
States Court of Appeals for the District of Columbia Circuit (``D.C.
Circuit'') vacated the Gasification Rule in Sierra Club v. EPA, 755
F.3d 968 (D.C. Cir. 2014). EPA gave notice of the vacatur of the
Gasification Rule at 80 FR 18777 (April 8, 2015) and explained that it
amended 40 CFR 260.10 by removing the definition of ``Gasification,''
and revised 40 CFR 261.4(a)(12)(i) by removing gasification from the
list of specific petroleum refining processes into which oil-bearing
hazardous secondary materials may be inserted. The vacatur of the
Gasification Rule and amendment of the federal regulations make
Nevada's program less stringent than the federal program, and therefore
EPA is not authorizing Nevada's program with respect to the
Gasification Rule (Checklist 216).
    EPA also gave notice at 80 FR 18777 of the removal of the
provisions at 40 CFR 261.4(a)(16) and 40 CFR 261.38 related to
comparable fuels due to the D.C. Circuit's vacatur of the ``Hazardous
Waste Combustors Revised Standards'' Final Rule (63 FR 33782, June 19,
1998) in Natural Res. Def. Council v. EPA, 755 F.3d 1010 (D.C. Cir.
2014). This rule was previously adopted and approved as part of
Nevada's authorized program, but in light of the vacatur, EPA no longer
considers these provisions to be part of Nevada's federally authorized
program.
    Other than the differences discussed above, Nevada incorporates by
reference the remaining federal rules listed in Section G; therefore,
there are no significant differences between the remaining federal
rules and the revised state rules being authorized today.

I. Who handles permits after the authorization takes effect?

    Nevada will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. Section
3006(g)(1) of RCRA, 42 U.S.C. 6926(g)(1), gives EPA the authority to
issue or deny permits or parts of permits for requirements for which
the State is not authorized. Therefore, whenever EPA adopts standards
under HSWA for activities or wastes not currently covered by the
authorized program, EPA may process RCRA permits in Nevada for the new
or revised HSWA standards until Nevada has received final authorization
for such new or revised HSWA standards. EPA and Nevada have agreed to a
joint permitting process for facilities covered by both the authorized
program and standards under HSWA for which the State is not yet
authorized, and for handling existing EPA permits after the State
receives authorization.

J. How does today's action affect Indian country (18 U.S.C. 1151) in
Nevada?

    Nevada is not authorized to carry out its hazardous waste program
in Indian country within the State, which includes the Confederated
Tribes of the Goshute Reservation; Duckwater Shoshone Tribe; Ely
Shoshone Tribe; Fort McDermitt Paiute and Shoshone Tribes; Fort Mohave
Indian Tribe; Las Vegas Tribe of Paiute Indians; Lovelock Paiute Tribe;
Moapa Band of Paiute Indians; Paiute-Shoshone Tribe of the Fallon
Reservation and Colony; Pyramid Lake Paiute Tribe; Reno-Sparks Indian
Colony; Shoshone-Paiute Tribes of Duck Valley Reservation; Summit Lake
Paiute Tribe; Te-Moak Tribes of Western Shoshone Indians; Walker River
Paiute Tribe; Washoe Tribe; Winnemucca Indian Colony; Yerington Paiute
Tribe; and the Yomba Shoshone Tribe. Therefore, this action has no
effect on Indian country. EPA retains jurisdiction over Indian country
and will continue to implement and administer the RCRA program on these
lands.

K. What is codification and is EPA codifying Nevada's hazardous waste
program as authorized in this rule?

    Codification is the process of placing the state's statutes and
regulations that comprise the state's authorized hazardous waste
program into the Code of Federal Regulations. EPA does this by
referencing the authorized state rules in 40 CFR part 272. EPA is not
codifying the authorization of Nevada's changes at this time. However,
EPA reserves the amendment of 40 CFR part 272, subpart DD for this
authorization of Nevada's program changes until a later date.

L. Administrative Requirements

    The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Orders 12866 (58 FR 51735, October
4, 1993) and 13563 (76 FR 3821, January 21, 2011). Therefore this
action is not subject to review by OMB. This action authorizes state
requirements for the purpose of RCRA section 3006 and imposes no
additional requirements beyond those imposed by state law. Accordingly,
I certify that this action will not have a significant economic impact
on a substantial number of small

entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Because this action authorizes pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538). For the same
reason, this action also does not significantly or uniquely affect the
communities of tribal governments, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000). This action will not have
substantial direct effects 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, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely authorizes state requirements as part of the state
RCRA hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This rule
is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) because it is not a significant
regulatory action under Executive Order 12866.
    Under RCRA section 3006(b), EPA grants a state's application for
authorization as long as the state meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a state authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining
the takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.). ``Burden'' is defined at 5 CFR 1320.3(b). Executive Order 12898
(59 FR 7629, February 16, 1994) establishes federal executive policy on
environmental justice. Its main provision directs federal agencies, to
the greatest extent practicable and permitted by law, to make
environmental justice part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States. Because this rule authorizes pre-existing state rules
which are at least equivalent to, and no less stringent than existing
federal requirements, and imposes no additional requirements beyond
those imposed by state law, and there are no anticipated significant
adverse human health or environmental effects, the rule is not subject
to Executive Order 12898.
    The Congressional Review Act, 5 U.S.C. 801-808, generally provides
that before a rule may take effect, the agency promulgating the rule
must submit a rule report, which includes a copy of the rule, to each
House of the Congress and to the Comptroller General of the United
States. EPA will submit a report containing this document and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). However,
this action will be effective June 6, 2016 because it is a direct final
rule.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.

    Authority: This action is issued under the authority of sections
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

    Dated: March 9, 2016.
Jared Blumenfeld,
Regional Administrator, Region 9.
[FR Doc. 2016-06434 Filed 3-22-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 82 (Friday, April 28, 2023)]
[Notices]
[Pages 26297-26298]
[FR Doc No: 2023-09028]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1922-052]

Ketchikan Public Utilities; Notice of Application Accepted for
Filing and Soliciting Motions To Intervene and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Subsequent License.
    b. Project No.: 1922-052.
    c. Date Filed: October 27, 2022.
    d. Applicant: Ketchikan Public Utilities (KPU).
    e. Name of Project: Beaver Falls Hydroelectric Project (project).
    f. Location: On Beaver Falls Creek in Ketchikan Gateway Borough,
Alaska. The project currently occupies 478.4 acres of United States
lands administered by U.S. Forest Service.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Jennifer Holstrom, Senior Project Engineer,
Ketchikan Public Utilities, 1065 Fair Street, Ketchikan, Alaska 99901;
(907) 228-4733; or email at [email protected].
    i. FERC Contact: Kristen Sinclair at<PHONE_NUMBER>, or
[email protected].
    j. Deadline for filing motions to intervene and protests: June 23,
2023.
    The Commission strongly encourages electronic filing. Please file
motions to intervene and protests using the Commission's eFiling system
at https://ferconline.ferc.gov/FERCOnline.aspx. For assistance, please
contact FERC Online Support at [email protected], (866) 208-
3676 (toll free), or<PHONE_NUMBER> (TTY). In lieu of electronic
filing, you may submit a paper copy. Submissions sent via the U.S.
Postal Service must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE, Room 1A,
Washington, DC 20426. Submissions sent via any other carrier must be
addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. All
filings must clearly identify the project name and docket number on the
first page: Beaver Falls Hydroelectric Project (P-1922-052).
    The Commission's Rules of Practice and Procedure require all
interveners filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. This application has been accepted for filing, but is not ready
for environmental analysis at this time.
    l. The existing Beaver Falls Project consists of two developments:
Silvis and Beaver Falls. The Silvis development consists of: (1) a 60-
foot-high, 135-foot-long concrete-face, rock-filled Upper Silvis Lake
dam; (2) an 800-foot-long excavated rock spillway channel leading from
Upper Silvis Lake to Lower Silvis Lake; (3) a 300-acre reservoir (Upper
Silvis Lake) with gross storage capacity of approximately 38,000 acre-
feet; (4) a 980-foot-long underground power tunnel connecting to a 375-
foot-long, 36-inch-diameter steel penstock that conveys water to the
Silvis Powerhouse; (5) a 30-feet by 40-feet by 25-feet-high Silvis
powerhouse containing a single Francis-type turbine with a rated
capacity of 2.1 megawatts; (6) a 150-foot-long trapezoidal shaped
channel tailrace discharging into Lower Silvis Lake; (7) a 2,900-foot-
long, 5-kilovolt submarine cable beneath Lower Silvis Lake; (8) a
7,000-foot-long, 34.5- kilovolt aerial transmission line; and (9)
appurtenant facilities.
    The Beaver Falls development consists of: (1) a 32-foot-high, 140-
foot-long concrete-face, rock-filled Lower Silvis dam; (2) a spillway
with an ungated control weir and unlined rock discharge channel; (3) a
67.5-acre reservoir (Lower Silvis Lake) with gross storage capacity of
approximately 8,052 acre-feet; (4) a 3-foot-high, 40-foot-long concrete
diversion dam on Beaver Falls Creek; (5) a 3,800-foot-long underground
power tunnel connecting to a 3,610-foot-long above ground steel
penstock that conveys water from Lower Silvis Lake to the Beaver Falls
powerhouse and supplies water to Units 3 and 4 in the powerhouse; (6) a
225-foot-long adit that taps the 3,800-foot-long underground power
tunnel and discharges water into Beaver Falls Creek approximately 500-
feet upstream of the Beaver Falls diversion dam; (7) a 4,170-foot-long
above ground steel penstock that conveys water from the Beaver Falls
Creek diversion dam to the Beaver Falls powerhouse and supplies Unit 1
in the powerhouse; (8) a 30-feet by 147-feet by 25-feet-high Beaver
Falls powerhouse containing three horizontal Pelton generating units
with a total installed capacity of 5 MW (Units 1, 3 and 4; Unit 2 is
decommissioned); (9) a Beaver Falls substation; and (10) appurtenant
facilities. The project generates an annual average of 54,711,280
megawatt-hours.
    m. A copy of the application is available for review via the
internet through the Commission's Home Page (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.
At this time, the Commission has suspended access to the Commission's
Public Reference Room. For assistance, contact FERC at
[email protected] or call toll free,<PHONE_NUMBER> or TTY
(202) 502-8659.
    You may also register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Anyone may submit a protest or a motion to intervene in
accordance with the requirements of Rules of Practice and Procedure, 18
CFR 385.210, 385.211, and 385.214. In determining the appropriate
action to take, the Commission will consider all protests filed, but
only those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any protests
or motions to intervene must be received on or before the specified
deadline date for the particular application.
    When the application is ready for environmental analysis, the
Commission will issue a public notice requesting comments,
recommendations, terms and conditions, or prescriptions.
    All filings must (1) bear in all capital letters the title
``PROTEST'' or ``MOTION TO INTERVENE;'' (2) set forth in the heading
the name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each

representative of the applicant specified in the particular
application.
    o. Procedural schedule: The application will be processed according
to the following schedule. Revisions to the schedule will be made as
appropriate.

Issue Scoping Document 1 for comments--May 2023
Comments on Scoping Document 1 Due--June 2023
Issue Scoping Document 2 (if necessary)--July 2023
Request Additional Information (if necessary)--July 2023
Issue Notice of Ready for Environmental Analysis--August 2023

    Dated: April 24, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-09028 Filed 4-27-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 48 (Wednesday, March 12, 2014)]
[Notices]
[Pages 14053-14054]
[FR Doc No: 2014-05347]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2013-M-0851, FDA-2013-M-0987, FDA-2013-M-0988, FDA-
2013-M-1017, FDA-2013-M-1095, FDA-2013-M-1159, and FDA-2013-M-1206]

Medical Devices; Availability of Safety and Effectiveness
Summaries for Premarket Approval Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is publishing a list of
premarket approval applications (PMAs) that have been approved. This
list is intended to inform the public of the availability of safety and
effectiveness summaries of approved PMAs through the Internet and the
Agency's Division of Dockets Management.

ADDRESSES: Submit written requests for copies of summaries of safety
and effectiveness data to the Division of Dockets Management (HFA-305),
Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville,
MD 20852. Please cite the appropriate docket number as listed in table
1 when submitting a written request. See the SUPPLEMENTARY INFORMATION
section for

electronic access to the summaries of safety and effectiveness.

FOR FURTHER INFORMATION CONTACT: Nicole Wolanski, Center for Devices
and Radiological Health, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 66, Rm. 1650, Silver Spring, MD 20993-0002, 301-
796-6570.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with sections 515(d)(4) and (e)(2) of the Federal
Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 360e(d)(4) and
(e)(2)), notification of an order approving, denying, or withdrawing
approval of a PMA will continue to include a notice of opportunity to
request review of the order under section 515(g) of the FD&C Act. The
30-day period for requesting reconsideration of an FDA action under
Sec.  10.33(b) (21 CFR 10.33(b)) for notices announcing approval of a
PMA begins on the day the notice is placed on the Internet. Section
10.33(b) provides that FDA may, for good cause, extend this 30-day
period. Reconsideration of a denial or withdrawal of approval of a PMA
may be sought only by the applicant; in these cases, the 30-day period
will begin when the applicant is notified by FDA in writing of its
decision.
    The regulations provide that FDA publish a quarterly list of
available safety and effectiveness summaries of PMA approvals and
denials that were announced during that quarter. The following is a
list of approved PMAs for which summaries of safety and effectiveness
were placed on the Internet from July 1, 2013, through September 30,
2013. There were no denial actions during this period. The list
provides the manufacturer's name, the product's generic name or the
trade name, and the approval date.

 Table 1--List of Safety and Effectiveness Summaries for Approved PMAs Made Available From July 1, 2013, Through
                                               September 30, 2013
----------------------------------------------------------------------------------------------------------------
              PMA No., Docket No.                    Applicant        Trade name            Approval date
----------------------------------------------------------------------------------------------------------------
P120022, FDA-2013-M-0851.......................  QIAGEN            therascreen[supr  July 12, 2013.
                                                  Manchester Ltd.   eg] EGFR RGQ
                                                                    PCR Kit.
P110002, FDA-2013-M-0987.......................  LDR Spine USA,    Mobi-C[supreg]    August 7, 2013.
                                                  Inc.              Cervical Disc
                                                                    Prosthesis.
P120009, FDA-2013-M-0988.......................  PFM Medical AG..  Nit-              August 16, 2013.
                                                                    Occlud[supreg]
                                                                    PDA.
P120004, FDA-2013-M-1017.......................  Parascript, LLC.  Parascript[supre  August 22, 2013.
                                                                    g]
                                                                    AccuDetect[supr
                                                                    eg] 6.1.0.
P110009, FDA-2013-M-1095.......................  LDR Spine USA,    Mobi-C[supreg]    August 23, 2013.
                                                  Inc.              Cervical Disc
                                                                    Prosthesis.
P110040, FDA-2013-M-1159.......................  Medtronic         Medtronic         September 19, 2013.
                                                  Vascular.         Vascular
                                                                    Complete[supreg
                                                                    ] SE Vascular
                                                                    Stent System.
P120010, FDA-2013-M-1206.......................  Medtronic, Inc..  MiniMed 530G      September 26, 2013.
                                                                    System.
----------------------------------------------------------------------------------------------------------------

II. Electronic Access

    Persons with access to the Internet may obtain the documents at
http://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/DeviceApprovalsandClearances/PMAApprovals/default.htm.

    Dated: March 6, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-05347 Filed 3-11-14; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Rules and Regulations]
[Pages 39393-39395]
[FR Doc No: 2012-16297]

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

Coast Guard

33 CFR Part 100

[Docket Number USCG-2012-0312]
RIN 1625-AA00

Special Local Regulation; Upper Mississippi River, Mile 842.0 to
840.0

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for all waters of the Upper Mississippi River, Mile 842.0 to
840.0, extending the entire width of the river. This special local
regulation is needed to protect participants and event personnel during
the swim leg of the Optum Health Twin Cities Triathlon occurring on the
Upper Mississippi River. Entry into this area immediately before,
during, and immediately after the swim portion of the triathlon will be
prohibited unless specifically authorized by the Captain of the Port
Upper Mississippi River or a designated representative.

DATES: This rule is effective and enforceable from 7:00 a.m. until
11:00 a.m. on July 22, 2012.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0312 and are available online
by going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2012-0312
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. 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 9:00 a.m. and 5:00
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Lieutenant Junior Grade (LTJG) Colin
Fogarty, Sector Upper Mississippi River Response Department at
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. 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 using the NPRM process. The Coast Guard received notice
from the sponsor, Optum Health Performance, on March 13, 2012 stating
they will be holding a triathlon on the Upper Mississippi River on July
22, 2012. The triathlon is being advertised via press releases to
various media outlets to target people on a local, state, and national
level to ensure maximum outreach and preparation for the event.
Completing the NPRM process is impracticable and contrary to the public
interest as it would delay the necessary special local regulation,
providing restricted areas and safety measures required to protect
participants and event personnel from hazards associated with a swim
event in the Mississippi River. Delaying this rule by completing the
NPRM would also unnecessarily interfere with and delay the planned
event and possible contractual obligations. For the same reasons, under
5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for
making this rule effective less than 30 days after publication in the
Federal Register. Delaying this rule by providing 30 days notice would
be contrary to public interest because action is needed to protect
participants and event personnel during the swim leg of the Optum
Health Twin Cities Triathlon.

B. Background and Purpose

    On July 22, 2012 Optum Health Performance will hold the Optum
Health Performance Twin Cities Triathlon between mile 842.0 and 840.0
on the Upper Mississippi River. There are expected to be at least 700
athletes participating in the event. Anticipated traffic on the river,
presents safety risks to the athletes swimming the swim section of the
triathlon. Under 33 U.S.C. 1233 authority the Coast Guard is
establishing this special local regulation to provide for the safety of
participants, event personnel, spectators, and other users and vessels
on the Upper Mississippi River during the swim section of the Optum
Health Triathlon.

C. Discussion of Rule

    The Coast Guard is establishing a temporary special local
regulation for all waters of the Upper Mississippi River, from mile
842.0 to 840.0, extending the entire width of the river. Entry into
this zone is prohibited to all vessels and persons, except persons and
vessels specifically authorized by the Captain of the Port Upper
Mississippi River or designated representative. This rule is effective
from 7:00 a.m. until 11:00 a.m. on July 22, 2012. The Captain of the
Port Upper Mississippi River will inform the public of the enforcement
period by local notice to mariners, and changes to the enforcement by
broadcast notice to mariners.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under

section 6(a)(3) of Executive Order 12866 or under section 1 of
Executive Order 13563. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). This rule is not expected to have a significant
regulatory impact as it will be in effect for a limited time period and
notifications to the marine community will be made by local notice to
mariners, and subsequent notifications through broadcast notice to
mariners. Deviation from the rule may be requested and will be
considered on a case-by-case basis by the Captain of the Port or a
designated representative.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
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
the Upper Mississippi River, mile 842.0 to 840.0 from 7:00 a.m. until
11:00 a.m. on July 22, 2012. This temporary special local regulation
will not have a significant economic impact on a substantial number of
small entities because this rule will be in effect for a limited time
period and notifications to the marine community will be made by local
notice to mariners, and subsequent notifications through broadcast
notice to mariners. Deviation from the rule may be requested and will
be considered on a case-by-case basis by the Captain of the Port or a
designated representative.
    If you are a small business entity and are significantly affected
by this regulation, please contact LTJG Colin Fogarty, Sector Upper
Mississippi River Response Department at telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among various levels of
government. We have analyzed this rule under that Order and have
determined that it does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves establishing a special local
regulation, requiring a permit wherein an analysis of the environmental
impact of the regulations was performed. This rule is categorically
excluded from further review under paragraph 34(h) of Figure 2-1 of the
Commandant Instruction and an environmental analysis checklist and a
categorical exclusion determination

are not required for this rule. This rule is categorically excluded
from further review under paragraph 34 (h) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add Sec.  100.35T08-0312 to read as follows:

Sec.  100.35T08-0312  Special Local Regulation; Upper Mississippi
River, Mile 842.0 to 840.0.

    (a) Regulated area. The following area is a regulated area: a
portion of the Upper Mississippi River, from mile 842.0 to 840.0,
extending the entire width of the river near Saint Paul, MN.
    (b) Enforcement dates. This rule will be enforced from 7:00 a.m.
until 11:00 a.m. on July 22, 2012.
    (c) Special Local Regulations. (1) The Coast Guard will patrol the
regulated area under the direction of a designated Coast Guard Patrol
Commander with assistance from local authorities. The Patrol Commander
may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign
``PATCOM''.
    (2) ``Official patrol vessels'' are defined as any Coast Guard,
state or local law enforcement, and sponsor provided vessels assigned
or approved by the Captain of the Port Upper Mississippi River to
patrol the regulated area.
    (3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the Patrol Commander and when so
directed by that officer and will be operated at a minimum safe
navigation speed in a manner which will not endanger participants or
any other vessels.
    (4) No vessel shall transit through the regulated area, unless
cleared for entry by or through an official patrol vessel.
    (5) The patrol commander may forbid and control the movement of all
vessels in the regulated area. When hailed or signaled by an official
patrol vessel, a vessel shall come to an immediate stop and comply with
the directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
    (6) Any spectator vessel may anchor outside the regulated area, but
may not anchor in, block, or loiter in a navigable channel. Spectator
vessels may be moored to a waterfront facility within the regulated
area in such a way that they shall not interfere with the progress of
the event. Such mooring must be complete at least 30 minutes prior to
the establishment of the regulated area and remain moored through the
duration of the event.
    (7) The Patrol Commander may terminate the event or the operation
of any vessel at any time it is deemed necessary for the protection of
life or property.
    (8) The Patrol Commander will terminate enforcement of the special
local regulations at the conclusion of the event.
    (d) Informational Broadcasts. The Captain of the Port or a
designated representative will inform the public through broadcast
notice to mariners of changes to the enforcement period for the
regulated area.

    Dated: June 8, 2012.
B.L. Black,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2012-16297 Filed 7-2-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: July 11, 2006 (Volume 71, Number 132)]
[Notices]
[Page 39079-39080]
[DOCID:fr11jy06-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-417-000]

Dominion Cove Point LNG, LP; Notice of Proposed Changes in FERC
Gas Tariff

July 3, 2006.
    Take notice that on June 30, 2006, Dominion Cove Point LNG, LP
(DCP) tendered for filing as part of its FERC Gas Tariff, Original
Volume No. 1, the following tariff sheets, to become effective August
1, 2006:

Seventh Revised Sheet No. 5.
Seventh Revised Sheet No. 6.
Sixth Revised Sheet No. 7.
Seventh Revised Sheet No. 8.
Seventh Revised Sheet No. 11.
Third Revised Sheet No. 12.

    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
Sec.  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. E6-10822 Filed 7-10-06; 8:45 am]

BILLING CODE 6717-01-P