[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Rules and Regulations]
[Pages 23807-23808]
[FR Doc No: 2018-11045]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 385

[Docket No. RM18-7-000; Order No. 846]

Withdrawal of Pleadings

AGENCY: Federal Energy Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Commission adopts a more accurate title of ``Withdrawal of
pleadings (Rule 216),'' for Rule 216 of the Commission's Rules of
Practice and Procedure. The Commission also clarifies the text of the
Rule.

DATES: This rule is effective June 22, 2018.

FOR FURTHER INFORMATION CONTACT: Vince Mareino, 888 First Street NE,
Washington, DC 20426,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION:

Order No. 846

Final Rule

(Issued May 17, 2018)
    1. In this Final Rule, as proposed in its Notice of Proposed
Rulemaking,\1\ the Commission revises the title and text of Rule 216 of
the Commission's Rules of Practice and Procedure, 18 CFR 385.216. The
Commission adopts the more accurate title of ``Withdrawal of pleadings
(Rule 216).'' The Commission also clarifies the text of the Rule.
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    \1\ Withdrawal of Pleadings, 83 FR 8019 (February 23, 2018), 162
FERC ] 61,111 (2018) (NOPR).
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I. Discussion

    2. The Commission shall implement two changes to Rule 216. First,
the preexisting title may confuse some readers by implying that Rule
216 governs the withdrawal of tariff or rate filings, which are instead
governed by separate regulations.\2\ Thus, the Commission revises the
title from ``Withdrawal of pleadings and tariff or

rate filings (Rule 216)'' to ``Withdrawal of pleadings (Rule 216).''
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    \2\ E.g., 18 CFR 35.17, 154.205, 284.123, 341.13 (2017).
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    3. Second, the Commission revises the first sentence of Rule 216(a)
to read, ``Any person may seek to withdraw its pleading by filing a
notice of withdrawal.'' This change clarifies that it is the person who
has submitted a pleading that may withdraw that pleading. The
Commission also makes a conforming change, to refer to ``person''
rather than ``party,'' in Rule 216(c).
    4. The Commission received one comment, from A. Hewitt Rose III, an
attorney who practices before the Commission. Mr. Rose generally
supports the proposed rule but objects to the use of the word ``its''
in the phrase, ``Any person may seek to withdraw its pleading by filing
a notice of withdrawal.'' Mr. Rose argues that ``it'' is not
necessarily the correct pronoun for the word ``person,'' which refers
not only to legal entities but also to natural persons. Mr. Rose notes,
however, that the best replacement pronoun, ``their,'' is not
universally recognized as the correct pronoun for a singular subject.
Therefore, Mr. Rose proposes adjusting the sentence so that ``it''
refers to the pleading, not the person: ``Any person that filed a
pleading may seek to withdraw it by filing a notice of withdrawal.'' We
accept Mr. Rose's proposal, which serves the Commission's goal of
developing a clear and concise set of Rules of Practice and Procedure,
and we revise Rule 216(a) accordingly.

II. Regulatory Requirements

A. Information Collection Statement

    5. Review by the Office of Management and Budget, pursuant to
section 3507(d) of the Paperwork Reduction Act of 1995, is not required
since this Final Rule does not contain new or modified information
collection or recordkeeping requirements.

B. Environmental Analysis

    6. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\3\ Section
380.4(a)(1) of the Commission's regulations exempts certain actions
from the requirement that an Environmental Analysis or Environmental
Impact Statement be prepared.\4\ Included is an exemption for
procedural actions. As this Final Rule falls within that exemption,
issuance of the Final Rule does not represent a major federal action
having a significant adverse effect on the human environment under the
Commission's regulations implementing the National Environmental Policy
Act, and, thus, does not require an Environmental Analysis or
Environmental Impact Statement.
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    \3\ Regulations Implementing National Environmental Policy Act
of 1969, Order No. 486, FERC Stats. & Regs. ] 30,783 (1987) (cross-
referenced at 41 FERC ] 61,284).
    \4\ 18 CFR 380.4(a)(1) (2017).
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C. Regulatory Flexibility Act Analysis

    7. The Regulatory Flexibility Act of 1980 (RFA) \5\ generally
requires a description and analysis of proposed rules that will have
significant economic impact on a substantial number of small entities.
This Final Rule concerns clarifications to agency procedure. The
Commission certifies that the proposed clarifications will not have a
significant economic impact upon a substantial number of small entities
in Commission proceedings and, therefore, an analysis under the RFA is
not required.
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    \5\ 5 U.S.C. 601-12 (2012).
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D. Document Availability

    8. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE, Room 2A,
Washington, DC 20426.
    9. From the Commission's Home Page on the internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
    10. User assistance is available for eLibrary and the Commission's
website during normal business hours from FERC Online Support at 202-
502-6652 (toll free at<PHONE_NUMBER>) or email at
[email protected], or the Public Reference Room at 202-502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
[email protected].

E. Effective Date and Congressional Notification

    11. These regulations are effective June 22, 2018. The Commission
has determined, with the concurrence of the Administrator of the Office
of Information and Regulatory Affairs of OMB, that this rule is not a
``major rule'' as defined in section 351 of the Small Business
Regulatory Enforcement Fairness Act of 1996.

List of Subjects in 18 CFR Part 385

    Electric power rates, Electric power, Reporting and recordkeeping
requirements.

    By the Commission.

    Issued: May 17, 2018.
Kimberly D. Bose,
Secretary.

    In consideration of the foregoing, the Commission hereby amends
part 385, chapter I, title 18, Code of Federal Regulations, as follows:

PART 385--RULES OF PRACTICE AND PROCEDURE

0
1. The authority citation for part 385 continues to read as follows:

    Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16
U.S.C. 791a-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 9701;
42 U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App.
U.S.C. 1-85 (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. 2461 note
(2015).

0
2. In Sec.  385.216, revise the section heading and paragraphs (a) and
(c) to read as follows:

Sec.  385.216  Withdrawal of pleadings (Rule 216).

* * * * *
    (a) Filing. Any person that filed a pleading may seek to withdraw
it by filing a notice of withdrawal. The procedures provided in this
section do not apply to withdrawals of tariff or rate filings, which
may be withdrawn only as provided in the regulations under this
chapter.
* * * * *
    (c) Conditional withdrawal. In order to prevent prejudice to other
participants, a decisional authority may, on motion or otherwise,
condition the withdrawal of any pleading upon a requirement that the
withdrawing person leave material in the record or otherwise make
material available to other participants.

[FR Doc. 2018-11045 Filed 5-22-18; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)]
[Notices]
[Pages 25770-25771]
[FR Doc No: 2013-10351]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69453; File No. SR-OPRA-2012-07]

Options Price Reporting Authority; Order Approving an Amendment
to the Plan for Reporting of Consolidated Options Last Sale Reports and
Quotation Information To Amend Section 3.5 of the OPRA Plan

April 25, 2013.

I. Introduction

    On December 21, 2012, the Options Price Reporting Authority
(``OPRA'') submitted to the Securities and Exchange Commission
(``Commission''), pursuant to Section 11A of the Securities Exchange
Act of 1934 (``Act'') \1\ and Rule 608 thereunder,\2\ an amendment to
the Plan for Reporting of Consolidated Options Last Sale Reports and
Quotation Information (``OPRA Plan'').\3\ The proposed OPRA Plan

amendment would revise a provision that describes certain circumstances
in which a national securities exchange must cease to be a Member of
OPRA. The proposed OPRA Plan amendment was published for comment in the
Federal Register on January 22, 2013.\4\ The Commission received no
comment letters in response to the Notice.
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    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ The OPRA Plan is a national market system plan approved by
the Commission pursuant to Section 11A of the Act and Rule 608
thereunder. See Securities Exchange Act Release No. 17638 (March 18,
1981), 22 SE.C. Docket 484 (March 31, 1981). The full text of the
OPRA Plan is available at http://www.opradata.com.
     The OPRA Plan provides for the collection and dissemination of
last sale and quotation information on options that are traded on
the participant exchanges. The eleven participants to the OPRA Plan
are BATS Exchange, Inc., BOX Options Exchange, LLC, Chicago Board
Options Exchange, Incorporated, C2 Options Exchange, Incorporated,
International Securities Exchange, LLC, Miami International
Securities Exchange, LLC, NASDAQ OMX BX, Inc., NASDAQ OMX PHLX LLC,
NASDAQ Stock Market LLC, NYSE MKT LLC, and NYSE Arca, Inc.
    \4\ See Securities Exchange Act Release No. 68655 (January 15,
2013), 78 FR 4505 (``Notice'').
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    This order approves the proposed OPRA Plan amendment.

II. Description of the Proposal

    The purpose of the proposed OPRA Plan amendment is to revise
certain language contained in Section 3.5 of the OPRA Plan. Section 3.5
currently provides, in part, as follows: ``The membership status [in
OPRA] of a Member shall terminate effective as of . . . the last day of
the calendar quarter in which the Member has ceased maintaining a
market for the trading of securities option contracts.'' \5\ Under the
current language, a Member that ceases to maintain a market for the
trading of securities option contracts late in a calendar quarter would
have little or no time in which to resume maintaining such a market if
it wanted to remain a Member of OPRA.
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    \5\ OPRA is organized as a limited liability company, and the
OPRA Plan is the Limited Liability Company Agreement of OPRA. The
OPRA Plan therefore uses the vocabulary typically used in Limited
Liability Company Agreements, and therefore refers to the national
security exchanges that are participants in OPRA as ``Members,'' and
to their participation in OPRA as ``membership.''
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    OPRA proposes to amend Section 3.5 so that a national securities
exchange that ceases to maintain a market for the trading of options
may remain a Member of OPRA for an additional calendar quarter after
the quarter in which it stops maintaining a market in options.

III. Discussion

    After careful review, the Commission finds that the proposed OPRA
Plan amendment is consistent with the requirements of the Act and the
rules and regulations thereunder.\6\ Specifically, the Commission finds
that the proposed OPRA Plan amendment is consistent with Section 11A of
the Act \7\ and Rule 608 thereunder \8\ in that it is appropriate in
the public interest, for the protection of investors and the
maintenance of fair and orderly markets, and to remove impediments to,
and perfect the mechanism of, a national market system. The proposed
change to Section 3.5 of the OPRA Plan is designed to allow additional
time within which an existing OPRA Member may maintain its membership
in OPRA if the Member stops maintaining a market in securities.
Specifically, the amendment would provide an exchange that temporarily
ceases to maintain a market for the trading of options with additional
flexibility with respect to the date by which it must resume
maintaining a market for the trading of options or lose its membership
status in OPRA. The Commission believes that OPRA's proposal is
consistent with Section 11A of the Act \9\ and Rule 608 thereunder.\10\
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    \6\ In approving this proposed OPRA Plan Amendment, the
Commission has considered its impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).
    \7\ 15 U.S.C. 78k-1.
    \8\ 17 CFR 242.608.
    \9\ 15 U.S.C. 78k-1.
    \10\ 17 CFR 242.608.
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IV. Conclusion

    It is therefore ordered, pursuant to Section 11A of the Act,\11\
and Rule 608 thereunder,\12\ that the proposed OPRA Plan amendment (SR-
OPRA-2012-07) be, and it hereby is, approved.
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    \11\ 15 U.S.C. 78k-1.
    \12\ 17 CFR 242.608.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(29).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-10351 Filed 5-1-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Rules and Regulations]
[Pages 47022-47024]
[FR Doc No: 2023-15535]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0528]
RIN 1625-AA00

Safety Zone; Port of Los Angeles, San Pedro Bay, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone
around the M/V ZHEN HUA 23 while it transits through the Port of Los
Angeles to Fenix Marine Services (FMS), Pier LA 302. This safety zone
is necessary to protect personnel, vessels, and the marine environment
from potential hazards associated with oversized cargo transfer
operations of two quay cranes and equipment, which will extend more
than 200 feet out from the transiting vessel. Entry of persons or
vessels into this safety zone is prohibited unless specifically
authorized by the Captain of the Port (COTP) Los Angeles-Long Beach, or
their designated representative.

DATES: This rule is effective from 7 a.m. July 20, 2023, to 12 p.m. on
July 22, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0528 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Kevin Kinsella, Waterways Management, U.S. Coast
Guard Sector Los Angeles-Long Beach; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 The COTP was notified of the
impending arrival of the M/V ZHEN HUA 23 less than 30 days in advance
and immediate action is needed to respond to the potential safety
hazards associated with the transfer of large cranes within the Port of
Los Angeles. It is impracticable to publish an NPRM because we must
establish this safety zone by July 20, 2023.
    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 the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to ensure the safety of persons,
vessels, and the marine environment in the vicinity of the M/V ZHEN HUA
23 while conducting oversized cargo transfer operations at FMS, Pier LA
302, within the Port of Los Angeles.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP Los Angeles-Long Beach has determined that potential
hazards

associated with the movement of ship to shore crane transfer operations
will be a safety concern for anyone within a 500-foot radius of the M/V
ZHEN HUA 23 during its transit to FMS, Pier LA 302, while the vessel is
within the Port of Los Angeles and the waters inside the Federal
breakwaters bounding San Pedro Bay or on the waters within three
nautical miles seaward of the Federal breakwaters, respectively. This
rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone while the
vessel offloads quay cranes in the Port of Los Angeles.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. July 20, 2023 to 12
p.m. on July 22, 2023 during the transit of the M/V ZEN HUA 23 to
berth. While the M/V ZHEN HUA 23 is within the Port of Los Angeles and
the waters inside the Federal breakwaters bounding San Pedro Bay or on
the waters within three nautical miles seaward of the Federal
breakwaters, respectively, the safety zone will encompass the navigable
waters around and under the vessel, from surface to bottom, within a
circle formed by connecting all points 500-feet out from the vessel.
The safety zone is needed to protect personnel, mariners, and vessels
from hazards associated with ship to shore gantry crane arms which will
extend more than 200 feet out from the transiting vessel. The duration
of the zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters while the transfer operations are
active.
    No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. Sector Los Angeles-Long Beach may be contacted on VHF-
FM Channel 16 or<PHONE_NUMBER>. The marine public will be notified of
the safety zone via Broadcast Notice to Mariners.

V. 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 and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. This rule
impacts an area of 500-feet surrounding a cargo vessel solely for its
transit to FMS, Pier LA 302, during the month of July 2023. This safety
zone impacts a 500-foot-radius area of the Port of Los Angeles and the
waters inside the Federal breakwaters bounding San Pedro Bay or on the
waters within three nautical miles seaward of the Federal breakwaters,
respectively for a limited duration. While the safety zone encompasses
a three-day period to account for uncertain transit delays of the M/V
ZHEN HUA 23, the safety zone will only be enforced for the duration of
the vessel's inbound transit to FMS, Pier LA 302. The transit is
expected to last less than 5 hours, and that period will be announced
via Broadcast Notice to Mariners. Vessel traffic will be able to safely
transit around this safety zone, which will impact a small, designated
area of the San Pedro Bay, Los Angeles, CA.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section V.
A. above, this rule will not have a significant economic impact on any
vessel owner or operator.
    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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this 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.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have 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 a
safety zone encompassing an area extending 500-feet out from a cargo
vessel in vicinity of Fenix Marine Services and will last only for the
inbound transit. It is categorically excluded from further review under
paragraph L60 (a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T11-128 to read as follows:

Sec.  165.T11-128  Safety Zone; Port of Los Angeles, San Pedro Bay, CA.

    (a) Location. The following area is a safety zone: all navigable
waters of the port of Los Angeles, from surface to bottom, within a
circle formed by connecting all points 500-feet out from the vessel, M/
V ZHEN HUA 23, during the vessel's transit within the Port of Los
Angeles and the waters inside the Federal breakwaters bounding San
Pedro Bay or on the waters within three nautical miles seaward of the
Federal breakwaters, respectively.
    (b) Definitions. As used in this section, Designated representative
means a Coast Guard coxswain, petty officer, or other officer operating
a Coast Guard vessel designated by or assisting the Captain of the Port
Los Angeles-Long Beach (COTP) in the enforcement of the safety zone.
    (c) Regulations.
    (1) Under the general safety zone regulations in subpart C of this
part, you may not enter the safety zone described in paragraph (a) of
this section unless authorized by the COTP or the COTP's designated
representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by hailing Coast Guard Sector Los Angeles-Long Beach on
VHF-FM Channel 16 or calling at<PHONE_NUMBER>. Those in the safety
zone must comply with all lawful orders or directions given to them by
the COTP or the COTP's designated representative.
    (d) Enforcement period. This temporary safety zone will be enforced
from 7 a.m. July 20, 2023, to 12 p.m. July 22, 2023, only during the M/
V ZHEN HUA 23's inbound transit to Fenix Marine Services, Pier LA 302,
or as announced via Broadcast Notice to Mariners.
    (e) Informational broadcasts. The COTP or a designated
representative will inform the public of the enforcement date and times
for this safety zone via Local Notices to Mariners.

    Dated: July 12, 2023.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port Sector Los Angeles-Long
Beach.
[FR Doc. 2023-15535 Filed 7-20-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Notices]
[Pages 67390-67392]
[FR Doc No: 2018-28183]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84882; File No. SR-NYSENAT-2018-27]

Self-Regulatory Organizations; NYSE National, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Change To Make Non-
Substantive Changes to Its Certificate of Incorporation

December 20, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on December 18, 2018, NYSE National, Inc. (the ``Exchange''
or ``NYSE National'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. 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\ 15 U.S.C. 78a.
    \3\ 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 make non-substantive changes to its
certificate of incorporation. The proposed change is available on the
Exchange's website at www.nyse.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 self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    The Exchange proposes to make two non-substantive changes to its
Amended and Restated Certificate of Incorporation of the Exchange
(``Exchange Certificate'').
    The Exchange recently filed to amend the Exchange Certificate (as
amended, the ``Amended Certificate'') to (1) harmonize certain
provisions thereunder with similar provisions in the governing
documents of the Exchange's national securities exchange affiliates and
parent companies; and (2) make clarifying and updating changes.\4\ Such
changes will become operative upon the Amended Certificate becoming
effective pursuant to its filing with the Secretary of State of the
State of Delaware, which will not be prior to 30 days from the date on
which the November Amendment was filed.\5\
---------------------------------------------------------------------------

    \4\ See Exchange Act Release No. 84644 (November 21, 2018), 83
FR 61177 (November 28, 2018) (SR-NYSENAT-2018-24) (``November
Amendment'') (notice of filing and immediate effectiveness of
proposed rule change to amend Exchange Certificate and bylaws).
    \5\ Id. at 61182.
---------------------------------------------------------------------------

    The Exchange proposes to make two non-substantive changes to the
Amended Certificate prior to its being filed with the Secretary of
State of the State of Delaware. Specifically, in the first sentence of
the introductory paragraph and the signature line, the Exchange's name
is written in capital and lower case letters, as ``NYSE National,
Inc.'' The Exchange proposes to amend the name so that it is in all
capital letters, as ``NYSE NATIONAL, INC.'' \6\
---------------------------------------------------------------------------

    \6\ Id. at 61178. The Exchange inadvertently stated in the
November Amendment that the legal name of the Exchange is not
entirely in capital letters. Id. This previous statement, and
current correction, have no effect on the operations of the
Exchange.
---------------------------------------------------------------------------

    Such changes would become operative upon the Amended Certificate
becoming effective pursuant to its filing with the Secretary of State
of the State of Delaware.
    The Exchange is proposing to make the described changes because
currently the exact name of the Exchange on the records of the
Secretary of State of the State of Delaware is ``NYSE NATIONAL, INC.''
The previously filed changes to Article FIRST, which uses the name
``NYSE National, Inc.'', will update the name of the Exchange on such
records of the Secretary of State of the State of Delaware from ``NYSE
NATIONAL, INC.'' to ``NYSE National, Inc.'' \7\
---------------------------------------------------------------------------

    \7\ See Del. Code tit. 8, Sec.  242.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Exchange Act,\8\ in general, and furthers the
objectives of Section 6(b)(1)\9\ in particular, in that it enables the
Exchange to be so organized as to have the capacity to be able to carry
out the purposes of the Exchange Act and to comply, and to enforce
compliance by its exchange members and persons associated with its
exchange members, with the provisions of the Exchange Act, the rules
and regulations thereunder, and the rules of the Exchange. The Exchange
also believes that the proposed rule change is consistent with Section
6(b)(5) of the Exchange Act,\10\ in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, 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.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(1).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposed non-substantive changes would conform the Amended
Certificate with the records of the Secretary of State of Delaware,
which would further enable the Exchange to be so organized as to have
the capacity to be able to carry out the purposes of the Exchange Act
and to comply, and to enforce compliance by its exchange members and
persons associated with its exchange members, with the provisions of
the Exchange Act, the rules and regulations thereunder, and the rules
of the Exchange. Such amendments would also remove impediments to and
perfect the mechanism of a free and open market by removing any
confusion that may result from any inconsistency between the Amended
Certificate and the records of the Secretary of State of Delaware. The
Exchange further believes that the proposed amendments would not be
inconsistent with the public interest and the protection of investors
because investors will not be harmed and in fact would benefit from
increased transparency and clarity, thereby reducing potential
confusion. The proposed changes would have no effect on the operations
of the Exchange.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Exchange Act. The proposed rule
change is not intended to address competitive issues but rather is non-
substantive and concerned solely with the corporate governance and
administration of the Exchange.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The proposed rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(3) \12\ thereunder in
that the proposed rule change is concerned solely with the
administration of the Exchange.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(3).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors,

or otherwise in furtherance of the purposes of the Act. If the
Commission takes such action, the Commission shall institute
proceedings under Section 19(b)(2)(B) \13\ of the Act to determine
whether the proposed rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NYSENAT-2018-27 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-NYSENAT-2018-27. 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 website (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 website 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSENAT-2018-27, and should be submitted
on or before January 18, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2018-28183 Filed 12-27-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: December 19, 2007 (Volume 72, Number 243)]
[Rules and Regulations]
[Page 71798-71802]
[DOCID:fr19de07-24]

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

40 CFR Part 180

[EPA-HQ-OPP-2007-1057; FRL-8339-2]

Extension of Tolerances for Emergency Exemptions (Multiple
Chemicals)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation extends time-limited tolerances for the
pesticides listed in Unit II. of the SUPPLEMENTARY INFORMATION. These
actions are in response to EPA's granting of emergency exemptions under
section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) authorizing use of these pesticides. Section 408(l)(6) of the
Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish
a time-limited tolerance or exemption from the requirement for a
tolerance for pesticide chemical residues in food that will result from
the use of a pesticide under an emergency exemption granted by EPA.

DATES: This regulation is effective December 19, 2007. Objections and
requests for hearings must be received on or before February 19, 2008,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2007-1057. To access the
electronic docket, go to http://www.regulations.go, select ``Advanced

Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov website to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in regulations.gov. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the Office

of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT:  See the table in this unit for the
name of a specific contact person. The following information applies to
all contact persons: Emergency Response Team, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001

------------------------------------------------------------------------
         Pesticide/CFR Citation                   Contact Person
------------------------------------------------------------------------
Bifenazate, 180.572                       Andrea Conrath
Thiabendazole, 180.242<EMAIL_ADDRESS>Thiophanate-methyl, 180.371.............<PHONE_NUMBER>
------------------------------------------------------------------------
Chlorothalonil, 180.275                   Stacey Groce
Myclobutanil, 180.443<EMAIL_ADDRESS>Thiophanate-methyl, 180.371.............<PHONE_NUMBER>
------------------------------------------------------------------------

Hexythiazox, 180.448                      Andrew Ertman
Sulfentrazone, 180.498<EMAIL_ADDRESS>Zeta-cypermethrin, 180.418..............<PHONE_NUMBER>
------------------------------------------------------------------------
Mesotrione, 180.571                       Libby Pemberton
Tebuconazole, 180.474<EMAIL_ADDRESS><PHONE_NUMBER>
------------------------------------------------------------------------

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions discussed above. If you
have any questions regarding the applicability of this action to a
particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

 B. How Can I Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal
Register document through the electronic docket at http://www.regulations.gov
, you may access this Federal Register document

electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr. You may also access a

frequently updated electronic version of 40 CFR part 180 through the
Government Printing Office's pilot e-CFR site at http://www.gpoaccess.gov/ecfr
.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of FFDCA, as amended by FQPA, any person may
file an objection to any aspect of this regulation and may also request
a hearing on those objections. The EPA procedural regulations which
govern the submission of objections and requests for hearings appear in
40 CFR part 178. You must file your objection or request a hearing on
this regulation in accordance with the instructions provided in 40 CFR
part 178. To ensure proper receipt by EPA, you must identify docket ID
number EPA-HQ-OPP-2007-1057 in the subject line on the first page of
your submission. All requests must be in writing, and must be mailed or
delivered to the Hearing Clerk on or before February 19, 2008.
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2007-1057, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.

II. Background and Statutory Findings

    EPA published final rules in the Federal Register for each
pesticide listed. The initial issuance of these final rules announced
that EPA, on its own initiative, under section 408 of FFDCA, 21 U.S.C.
346a, as amended by the Food Quality Protection Act of 1996 (FQPA)
(Public Law 104-170), was establishing time-limited tolerances.
    EPA established the tolerances because section 408(l)(6) of FFDCA
requires EPA to establish a time-limited tolerance or exemption from
the requirement for a tolerance for pesticide chemical residues in food
that will result from the use of a pesticide under an emergency
exemption granted by EPA under FIFRA section 18. Such tolerances can be
established without providing notice or time for public comment.
    EPA received requests to extend the use of these pesticide
chemicals for this year's growing season. After having reviewed these
submissions, EPA concurs that emergency conditions exist. EPA assessed
the potential risks presented by residues for each chemical. In doing
so, EPA considered the safety standard in section 408(b)(2) of FFDCA,
and decided that the necessary tolerances under section 408(l)(6) of
FFDCA would be consistent with the safety standard and with FIFRA
section 18.
    The data and other relevant material have been evaluated and
discussed in the final rules originally published to support these
uses. Based on that data and information considered, the Agency
reaffirms that extension of these time-limited tolerances will continue
to meet the requirements of section 408(l)(6) of FFDCA. Therefore, the
time-limited tolerances are extended until the dates listed. EPA will
publish a document in the Federal Register to remove the revoked
tolerances from the Code of Federal Regulations (CFR). Although these
tolerances will expire and are revoked on the date listed, under
section 408(l)(5) of FFDCA, residues of the pesticide not in excess of
the amounts specified in the tolerances remaining in or on the
commodities after that date will not be unlawful, provided the residues
are present as a result of an application or use of a pesticide at a
time and in a manner that was lawful under FIFRA, the tolerances were
in place at the time of the application, and the residues do not exceed
the levels that were authorized by the tolerances. EPA will take action

to revoke these tolerances earlier if any experience with, scientific
data on, or other relevant information on these pesticides indicate
that the residues are not safe
    Tolerances for the use of the following pesticide chemicals on
specific commodities are being extended:
    1. Bifenazate. EPA has authorized under FIFRA section 18 the use of
bifenazate on Timothy grass for control of Banks grass mite in Nevada.
This regulation extends time-limited tolerances for combined residues
of the miticide bifenazate (1-methylethyl 2-(4-methoxy[1,1'-biphenyl]-
3-yl)hydrazinecarboxylate) and its metabolite, diazinecarboxylic acid
(2-(4-methoxy-[1,1'-biphenyl]-3-yl, 1-methylethyl ester) in or on
Timothy forage at 50 parts per million (ppm) and Timothy hay at 150 ppm
for an additional 3-year period. These tolerances will expire and are
revoked on December 31, 2010. The document establishing time-limited
tolerances originally published in the Federal Register of January 28,
2005 (70 FR 4032) (FRL-7696-2).
    2. Chlorothalonil. EPA has authorized under FIFRA section 18 the
use of chlorothalonil on ginseng for control of botrytis leaf, stem,
and flower blight in Michigan and Wisconsin. This regulation extends a
time-limited tolerance for combined residues of the fungicide
chlorothalonil and its metabolite 4-hydroxy-2,5,6-
trichloroisophthalonitrile in or on ginseng, root at 0.1 ppm for an
additional 1-year period. This tolerance will expire and is revoked on
December 31, 2008. A time-limited tolerance was originally published in
the Federal Register of December 12, 1997 (62 FR 65369) (FRL-5759-5).
    3. Hexythiazox. EPA has authorized under FIFRA section 18 the use
of hexythiazox on field corn for control of spider mites in Texas. This
regulation extends time-limited tolerances for combined residues of the
miticide hexythiazox (trans-5-(4-chlorophenyl)-N-cyclohexyl-4-methyl-2-
oxothiazolidine-3-carboxamide) and its metabolites containing the (4-
chlorophenyl)-4-methyl-2-oxo-3-thiazolidine moiety in or on corn,
field, grain at 0.05 ppm; and corn, field, forage and corn, field,
stover at 2.0 ppm for an additional 3-year period. These tolerances
will expire and are revoked on December 31, 2010. The document
establishing time-limited tolerances originally published in the
Federal Register of November 10, 2004 (69 FR 65073) (FRL-7684-2).
    4. Mesotrione. EPA has authorized under FIFRA section 18 the use of
mesotrione on cranberry for control of broadleaf weeds in Oregon,
Washington, and Wisconsin. This regulation extends a time-limited
tolerance for residues of the herbicide mesotrione (2-[4-
(methylsulfonyl)-2-nitrobenzoyl]-1,3-cyclohexanedione) in or on
cranberry at 0.01 ppm for an additional 3-year period. This tolerance
will expire and is revoked on December 31, 2010. A time-limited
tolerance was originally published in the Federal Register of September
30, 2004 (69 FR 58304) (FRL-7678-8).
    5. Myclobutanil. EPA has authorized under FIFRA section 18 the use
of myclobutanil on artichokes for control of powdery mildew in
California. This regulation extends a time-limited tolerance for
combined residues of the fungicide myclobutanil (alpha-butyl-alpha-(4-
chlorophenyl)-1H-1,2,4-triazole-1-propanenitrile) and its alcohol
metabolite (alpha-(3-hydroxybutyl)-alpha-(4-chlorophenyl)-1H-1,2,4-
triazole-1-propanenitrile (free and bound)), in or on artichoke, globe
at 1.0 ppm for an additional 2-year period. This tolerance will expire
and is revoked on December 31, 2009. A time-limited tolerance was
originally published in the Federal Register of September 16, 1998 (63
FR 49472) (FRL-6025-1).
    6. Myclobutanil. EPA has authorized under FIFRA section 18 the use
of myclobutanil on peppers for control of powdery mildew in California
and New Mexico. This regulation extends a time-limited tolerance for
combined residues of the fungicide myclobutanil (alpha-butyl-alpha-(4-
chlorophenyl)-1H-1,2,4-triazole-1-propanenitrile) and its alcohol
metabolite (alpha-(3-hydroxybutyl)-alpha-(4-chlorophenyl)-1H-1,2,4-
triazole-1-propanenitrile (free and bound)), in or on peppers at 1.0
ppm for an additional 1.5 -year period. This tolerance will expire and
is revoked on December 31, 2009. A time-limited tolerance was
originally published in the Federal Register of September 16, 1998 (63
FR 49472) (FRL-6025-1).
    7. Sulfentrazone. EPA has authorized under FIFRA section 18 the use
of sulfentrazone on flax for control of Kochia in North Dakota. This
regulation extends a time-limited tolerance for combined residues of
the herbicide sulfentrazone, N-[2,4-dichloro-5-[4-(difluoromethyl)-4,5-
dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-yl]phenyl] methanesulfonamide
and its metabolites 3-hydroxymethyl sulfentrazone (HMS) and 3-desmethyl
sulfentrazone (DMS) in or on flax, seed at 0.2 ppm for an additional 3-
year period. This tolerance will expire and is revoked on December 31,
2010. A time-limited tolerance was originally published in the Federal
Register of August 21, 2002 (67 FR 54111) (FRL-7191-5).
    8. Sulfentrazone. EPA has authorized under FIFRA section 18 the use
of sulfentrazone on strawberry for control of various broadleaf weeds
in Iowa, Michigan, Ohio, Oregon, Washington, and Wisconsin. This
regulation extends a time-limited tolerance for combined residues of
the herbicide sulfentrazone, N-[2,4-dichloro-5-[4-(difluoromethyl)-4,5-
dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-yl]phenyl] methanesulfonamide
and its metabolites 3-hydroxymethyl sulfentrazone (HMS) and 3-desmethyl
sulfentrazone (DMS) in or on strawberry at 0.60 ppm for an additional
3-year period. This tolerance will expire and is revoked on December
31, 2010. A time-limited tolerance was originally published in the
Federal Register of August 1, 2001 (66 FR 39651) (FRL-6793-1).
    9. Tebuconazole. EPA has authorized under FIFRA section 18 the use
of tebuconazole (alpha-[2-(4-chlorophenyl)-ethyl]-alpha-(1,1-
dimethylethyl)-1H-1,2,4-triazole-1-ethanol) on garlic for control of
garlic rust in California. This regulation extends a time-limited
tolerance for residues of the fungicide tebuconazole (alpha-[2-(4-
chlorophenyl)-ethyl]-alpha-(1,1-dimethylethyl)-1H-1,2,4-triazole-1-
ethanol) in or on garlic at 0.1 ppm for an additional 1-year period.
This tolerance will expire and is revoked on December 31, 2008. A time-
limited tolerance was originally published in the Federal Register of
May 26, 1999 (64 FR 28377) (FRL-6079-1).
    10. Thiabendazole. EPA has authorized under FIFRA section 18 the
use of thiabendazole on lentils for control of Ascochyta blight in
Idaho, Montana, North Dakota, Oregon, and Washington. This regulation
extends a time-limited tolerance for residues of the fungicide
thiabendazole in or on lentil, seed at 0.1 ppm for an additional 1-year
period. This tolerance will expire and is revoked on December 31, 2008.
A time-limited tolerance was originally published in the Federal
Register of February 25, 1998 (63 FR 9435) (FRL-5767-6).
    11. Thiophanate-methyl. EPA has authorized under FIFRA section 18
the use of thiophanate-methyl on cotton for control of fusarium
hardlock in Florida. This regulation extends time-limited tolerances
for combined residues of the fungicide thiophanate-methyl and its
metabolite methyl 2-benzimidazoyl carbamate (MBC) in or on cotton,
undelinted seed at 0.05 ppm and cotton, gin byproducts at 5.0 ppm for
an additional 1 -year period. These

tolerances will expire and are revoked on December 31, 2008. The
document establishing time-limited tolerances originally published in
the Federal Register of March 23, 2005 (70 FR 14551) (FRL-7699-3).
    12. Thiophanate-methyl. EPA has authorized under FIFRA section 18
the use of thiophanate-methyl on mushrooms for control of green mold in
California, Colorado, Delaware, Maryland, Oregon, Pennsylvania, and
Washington. This regulation extends a time-limited tolerance for
combined residues of the fungicide thiophanate-methyl and its
metabolite methyl 2-benzimidazoyl carbamate (MBC) in or on mushroom at
0.01 ppm for an additional 1-year period. This tolerance will expire
and is revoked on December 31, 2008. A time-limited tolerance was
originally published in the Federal Register of February 5, 2003 (68 FR
5847) (FRL-7285-9).
    13. Zeta-cypermethrin. EPA has authorized under FIFRA section 18
the use of zeta-cypermethrin on flax for control of grasshoppers in
North Dakota. This regulation extends time-limited tolerances for
combined residues of the insecticide zeta-cypermethrin (S-cyano(3-
phenoxyphenyl) methyl ())(cis-trans3-(2,2-dichloroethenyl)-
2,2 dimethylcyclopropanecarboxylate and its inactive R-isomers in or on
flax, meal and flax, seed, each at 0.2 ppm for an additional 3-year
period. These tolerances will expire and are revoked on December 31,
2010. The document establishing time-limited tolerances originally
published in the Federal Register of September 4, 2002 (67 FR 56490)
(FRL-7197-7).

III. Statutory and Executive Order Reviews

    This final rule establishes tolerances under section 408(d) of
FFDCA in response to petitions submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this rule has been
exempted from review under Executive Order 12866, 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) or Executive Order 13045, entitled Protection of Children
from Environmental Health Risks and Safety Risks (62 FR 19885, April
23, 1997). This final rule does not contain any information collections
subject to OMB approval under the Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq., nor does it require any special considerations
under Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, such as the tolerances in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 6, 2000) do not apply to this rule. In addition, this
rule does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
of 1995 (UMRA) (Public Law 104-4).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).

IV. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: December 6, 2007.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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

Sec.  180.242  [Amended]

    2. In Sec.  180.242, in the table to paragraph (b), amend the entry
for lentil, seed by removing the expiration date ``12/31/07'' and
adding in its place ``12/31/08.''

Sec.  180.275  [Amended]

    3. In Sec.  180.275, in the table to paragraph (b), amend the entry
for ginseng by removing the expiration date ``12/31/07'' and adding in
its place ``12/31/08.''

Sec.  180.371  [Amended]

    4. In Sec.  180.371, in the table to paragraph (b), amend the
entries for cotton, undelinted seed; cotton, gin products; and mushroom
by removing the expiration date ``12/31/07'' and adding in its place
``12/31/08.''

Sec.  180.418  [Amended]

    5. In Sec.  180.418, in the table to paragraph (b), amend the
entries for flax, meal and flax, seed by removing the expiration date
``6/30/08'' and adding in its place ``12/31/10.''

Sec.  180.443  [Amended]

    6. In Sec.  180.443, in the table to paragraph (b), amend the entry
for artichoke, globe by removing the expiration date ``12/31/07'' and
adding in its place ``12/31/09''; and amend the entry for pepper by
removing the expiration date ``6/30/08'' and adding in its place ``12/
31/09.''

Sec.  180.448  [Amended]

    7. In Sec.  180.448, in the table to paragraph (b), amend the
entries for corn, field, grain; corn, field, forage; and corn, field,
stover by removing the expiration date ``12/31/07'' and adding in its
place ``12/31/10.''

Sec.  180.474  [Amended]

    8. In Sec.  180.474, in the table to paragraph (b), amend the entry
for garlic by removing the expiration date ``12/31/07'' and adding in
its place ``12/31/08.''

Sec.  180.498  [Amended]

    9. In Sec.  180.498, in the table to paragraph (b), amend the
entries for flax, seed and strawberry by removing the expiration date
``12/31/07'' and adding in its place ``12/31/10.''

Sec.  180.571  [Amended]

    10. In Sec.  180.571, in the table to paragraph (b), amend the
entry for cranberry by removing the expiration date ``12/31/07'' and
adding in its place ``12/31/10.''

Sec.  180.572  [Amended]

    11. In Sec.  180.572, in the table to paragraph (b), amend the
entries for Timothy, forage and Timothy, hay by removing the expiration
date ``12/31/07'' and adding in its place ``12/31/10.''
[FR Doc. E7-24345 Filed 12-18-07; 8:45 am]

BILLING CODE 6560-50-S


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request USEPA/ Office of Enforcement and Compliance Assurance 2. OMB control number b. G None a. 2060 0370 __ __ __ __

3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title NESHAP for Pesticide Active Ingredient Production ( 40 CFR part 63, subpart MMM) ( Renewal)

8. Agency form number( s) ( If applicable) EPA ICR 1807.03 9. Keywords Batch emission episode, batch operation, bag dump, external floating roof, flame ionization detector, halogenated compounds, gas/ vapor service.

10. Abstract Respondents are owners and operators of pesticide active ingredient production operations. Respondents must submit one time reports of initial compliance and either semiannual reports or quarterly reports of compliance. Recordkeeping of parameters related to process and air pollution control technologies is required. The reports and records will be used to demonstrate compliance with the standards.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 88 b. Total annual responses 402 1. Percentage of these responses collected electronically 20 _________ % c. Total hours requested 24,164 d. Current OMB inventory 53,752 e. Difference ( 29,588) f. Explanation of difference 1. Program Change 2. Adjustment ( 29,588) 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars) a. Total annualized capital/ startup costs 236 b. Total annual costs ( O& M) 117 c. Total annualized cost requested 353 d. Current OMB inventory 2,268 e. Difference ( 1,915) f. Explanation of difference 1. Program change 2. Adjustment ( 1,915)

15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. Application for benefits e. Program planning or management b. Program evaluation f. Research c. General purpose statistics g. P Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Recordkeeping b. Q Third party disclosure c. X Reporting 1. Q On occasion 2. Q Weekly 3. Q Monthly 4. X Quarterly 5. X Semi annually 6. Q Annually 7. Q Biannually 8. X Other ( describe) Initially 17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Learia A. Williams Phone: ( 202) 564 4113 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3):

( i) Why the information is being collected; ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( i) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Michael S. Alushin, Director Compliance Assessment and Media Programs Division Office of Compliance Office of Enforcement and Compliance Assurance Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility,

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C. § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( i) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of:

"( i) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number." OMB 83 I ( Instructions) 10/ 95


[Federal Register Volume 84, Number 204 (Tuesday, October 22, 2019)]
[Notices]
[Pages 56448-56450]
[FR Doc No: 2019-23006]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF19-4-000]

Venture Global Delta LNG, LLC, and Venture Global Delta Express,
LLC; Supplemental Notice of Intent for the Planned Delta LNG and Delta
Express Pipeline Project Request for Comments on Environmental Issues
Related to New Route Modifications Under Consideration

October 16, 2019.
    As previously noticed on July 30, 2019, and supplemented herein,
the staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental impact statement (EIS) that
will discuss the environmental impacts of the Delta LNG and Delta
Express Pipeline Project (Project) involving construction and operation
of facilities by Venture Global Delta LNG, LLC and Venture Global Delta
Express, LLC (collectively referred to as Delta LNG) in Plaquemines,
Richland, Franklin, Catahoula, Concordia, Avoyelles, St. Landry, Pointe
Coupee, West Baton Rouge, Iberville, Ascension, Assumption, Lafourche,
and Jefferson Parishes, Louisiana. The general location of the Project
is shown in appendix 1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary'' or from the
Commission's Public Reference Room, 888 First Street NE, Washington,
DC 20426, or call<PHONE_NUMBER>.
---------------------------------------------------------------------------

    With this Supplemental Notice of Intent (NOI) we \2\ are
specifically seeking comments on modifications to the route of the
Delta Express Pipeline and the location of Compressor Station 4 as
proposed by Delta LNG on October 11, 2019. These modifications were
incorporated based on the results of ongoing field surveys and to
address comments from agencies and other stakeholders. The majority of
the landowners potentially affected by these modifications have
previously received notification of the Commission's review of the
Project. However, some of the modifications would affect new
landowners; therefore, the Commission is issuing this Supplemental NOI
to provide these new landowners an opportunity to comment on the
Project. You can access detailed mapping of the modifications to the
proposed pipeline route on the Commission's website (www.ferc.gov)
using eLibrary. For instructions on connecting to eLibrary, refer to
the last page of this Notice.
---------------------------------------------------------------------------

    \2\ ``We,'' ``us,'' and ``our'' refer to the environmental staff
of the FERC's Office of Energy Projects.
---------------------------------------------------------------------------

    This Notice is being sent to the Commission's current environmental
mailing list for this Project, including the newly affected landowners
along the planned pipeline route. State and local government
representatives should notify their constituents of this planned
Project and encourage them to comment on their areas of concern.
    If you are a newly affected landowner receiving this notice, a
Delta LNG representative may have already contacted you or may contact
you soon about the acquisition of an easement to construct, operate,
and maintain the planned facilities. The company would seek to
negotiate a mutually acceptable agreement. However, if the Commission
approves the Project, that approval conveys with it the right of
eminent domain. Therefore, if the easement negotiations fail to produce
an agreement, the company could initiate condemnation
    The FERC is the lead federal agency responsible for conducting the
environmental review of the Project. As mentioned above, the
Commission's staff is preparing an EIS that discusses the environmental
impacts of the Project. This EIS will be used to inform the Commission
as it determines whether to approve the Project.
    This Notice announces the opening of an additional scoping period
the Commission will use to gather input

from the new landowners potentially affected by the Project. Comments
may be submitted in writing as described in the public participation
section of this notice. Please note that comments on this Notice should
be filed with the Commission by November 15, 2019. If you sent comments
on this Project prior to the opening of this additional comment period,
you do not need to refile your comments. We have received your comments
and will use the information in the preparation of the EIS.
    Information in this Notice was prepared to notify newly affected
landowners of the new route and Project modifications and inform them
about the Commission's environmental review process, and instruct them
on how to submit comments.
    To help potentially affected landowners better understand the
Commission and its environmental review process, the ``For Citizens''
section of the FERC website (www.ferc.gov) provides information about
getting involved in FERC jurisdictional projects. A citizens' guide
entitled ``An Interstate Natural Gas Facility On My Land? What Do I
Need to Know?'' is also available in this section of the Commission's
website. This guide addresses a number of frequently asked questions,
including the use of eminent domain and how to participate in the
Commission's proceedings.

Summary of the Proposed Project Changes

    The Project would involve the construction of a liquefied natural
gas (LNG) export terminal in Plaquemines Parish, Louisiana and two
parallel, 42-inch-diameter pipelines in a single approximately 285-
mile-long right-of-way in 14 parishes in Louisiana. Domestically
sourced natural gas would be transported by the Delta Express Pipeline
to the Delta LNG terminal, which would produce, store, and deliver up
to 24 million tons per annum of LNG to LNG carriers for export
overseas.
    Changes to the Project include re-routing certain segments of the
dual pipelines based on landowner requests and the results of field
surveys in order to avoid sensitive resources. The majority of these
changes involve shifts of less than 0.5 mile from the originally
proposed route, with a maximum shift of approximately 2 miles to the
west between approximate milepost 12 to milepost 14 in Richland Parish.
In addition, a compressor station, CS-4, has been moved approximately
14 miles north from its originally planned location in Lafourche Parish
to near milepost 200.8 in Ascension Parish.
    As mentioned above, these changes are depicted on the maps included
in Appendix 1.

Public Participation

    The Commission offers a free service called eSubscription which
makes it easy to stay informed of all issuances and submittals
regarding the dockets/projects to which you subscribe. These instant
email notifications are the fastest way to receive notification and
provide a link to the document files, which can reduce the amount of
time you spend researching proceedings. To sign up go to www.ferc.gov/docs-filing/esubscription.asp.
    For your convenience, there are four methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or<EMAIL_ADDRESS>Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. Using eComment is an easy
method for submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. With eFiling, you can provide
comments in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; a comment on a particular project is considered a ``Comment
on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the Project docket number
(PF19-4-000) with your submission: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington,
DC 20426.
    Please note this is not your only public input opportunity; please
refer to the review process flow chart in appendix 2.

The EIS Process

    The EIS will discuss impacts that could occur as a result of the
construction and operation of the planned Project under these general
headings:
     Geology and soils;
     water resources and wetlands;
     vegetation, fisheries, and wildlife;
     threatened and endangered species;
     cultural resources;
     land use;
     socioeconomics;
     air quality and noise;
     public safety; and
     cumulative impacts.
    Commission staff will also evaluate possible alternatives to the
planned Project or portions of the Project, and make recommendations on
how to lessen or avoid impacts on the various resource areas.
    Although no formal application has been filed, Commission staff
have already initiated a NEPA review under the Commission's pre-filing
process. The purpose of the pre-filing process is to encourage early
involvement of interested stakeholders and to identify and resolve
issues before the Commission receives an application. As part of the
pre-filing review, Commission staff have begun contacting federal and
state agencies to discuss their involvement in the scoping process and
the preparation of the EIS.
    The EIS will present Commission staffs' independent analysis of the
issues. The draft EIS will be available in electronic format in the
public record through eLibrary \3\ and the Commission's website
(https://www.ferc.gov/industries/gas/enviro/eis.asp). If eSubscribed,
you will receive instant email notification when the draft EIS is
issued. The draft EIS will be issued for an allotted public comment
period. After the comment period on the draft EIS, Commission staff
will consider all timely comments and revise the document, as
necessary, before issuing a final EIS. To ensure Commission staff have
the opportunity to consider and address your comments, please carefully
follow the instructions in the Public Participation section, beginning
on page 3.
---------------------------------------------------------------------------

    \3\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
---------------------------------------------------------------------------

Consultation Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission is using this notice to initiate
consultation with the applicable State Historic Preservation Office,
and to solicit their views and those of other government agencies,
interested Indian tribes, and

the public on the Project's potential effects on historic
properties.\4\ The EIS for this Project will document our findings on
the impacts on historic properties and summarize the status of
consultations under section 106.
---------------------------------------------------------------------------

    \4\ The Advisory Council on Historic Preservation regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Currently Identified Environmental Issues

    Commission staff have already identified several issues that
deserve attention based on a preliminary review of the planned
facilities and the environmental information provided by Delta LNG.
This preliminary list of issues may change based on your comments and
our analysis.
     Impacts on wetlands including coastal marsh and forested
wetlands;
     cumulative impacts on air quality, noise, wetlands,
socioeconomics, and other resources associated with construction and
operation of the planned Delta LNG export terminal and the nearby
Plaquemines LNG export terminal and other large projects at various
stages of planning and construction in the region;
     LNG terminal site alternatives;
     Delta Express Pipeline route alternatives;
     Environmental Justice impacts; and
     alternative construction methods and workspace
configurations that would avoid or reduce impacts.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for Project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the Project. Commission staff will update the environmental
mailing list as the analysis proceeds to ensure that Commission notices
related to this environmental review are sent to all individuals,
organizations, and government entities interested in and/or potentially
affected by the planned Project.
    A Notice of Availability of the draft EIS will be sent to the
environmental mailing list and will provide instructions to access the
electronic document on the FERC's website (www.ferc.gov). If you need
to make changes to your name/address, or if you would like to remove
your name from the mailing list, please return the attached ``Mailing
List Update Form'' (appendix 3).

Becoming an Intervenor

    Once Delta LNG files its application with the Commission, you may
want to become an ``intervenor,'' which is an official party to the
Commission's proceeding. Only intervenors have the right to seek
rehearing of the Commission's decision and be heard by the courts if
they choose to appeal the Commission's final ruling. An intervenor
formally participates in the proceeding by filing a request to
intervene pursuant to Rule 214 of the Commission's Rules of Practice
and Procedures (18 CFR 385.214). Motions to intervene are more fully
described at http://www.ferc.gov/resources/guides/how-to/intervene.asp.
Please note that the Commission will not accept requests for intervenor
status at this time. You must wait until the Commission receives a
formal application for the Project, after which the Commission will
issue a public notice that establishes an intervention deadline.

Additional Information

    Additional information about the Project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number
in the ``Docket Number'' field, excluding the last three digits (i.e.,
PF19-4). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of all formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    Public sessions or site visits will be posted on the Commission's
calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along
with other related information.

Kimberly D. Bose,
 Secretary.
[FR Doc. 2019-23006 Filed 10-21-19; 8:45 am]
 BILLING CODE 6717-01-P