[Federal Register Volume 84, Number 111 (Monday, June 10, 2019)]
[Notices]
[Pages 26880-26882]
[FR Doc No: 2019-12109]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-4735]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Safety Labeling
Changes--Implementation of Section 505(o)(4) of the Federal Food, Drug,
and Cosmetic Act

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the

Office of Management and Budget (OMB) for review and clearance under
the Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by July
10, 2019.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
Fax:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0734.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: JonnaLynn Capezzuto, Office of
Operations, Food and Drug Administration, Three White Flint North, 10A-
12M, 11601 Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Safety Labeling Changes--Implementation of Section 505(o)(4) of the
Federal Food, Drug, and Cosmetic Act

OMB Control Number 0910-0734--Extension

    Section 505(o)(4) of the Federal Food, Drug, and Cosmetic Act (FD&C
Act) (21 U.S.C. 355(o)(4)) authorizes FDA to require and, if necessary,
order labeling changes if FDA becomes aware of new safety information
that it believes should be included in the labeling of certain
prescription drug and biological products approved under section 505 of
the FD&C Act or section 351 of the Public Health Service Act (PHS Act)
(42 U.S.C. 262). Section 505(o)(4) of the FD&C Act applies to
prescription drug products with an approved new drug application (NDA)
under section 505(b) of the FD&C Act, biological products with an
approved biologics license application under section 351 of the PHS
Act, or prescription drug products with an approved abbreviated new
drug application under section 505(j) of the FD&C Act if the reference
listed drug with an approved NDA is not currently marketed. Section
505(o)(4) establishes time frames by which application holders must
submit, and FDA staff must review, information necessary to ensure
timely and appropriate labeling changes. To communicate how we
implement these provisions we developed the guidance entitled
``Guidance for Industry: Safety Labeling Changes--Implementation of
Section 505(o)(4) of the Federal Food, Drug, and Cosmetic Act,'' which
provides instruction on: (1) A description of the types of safety
labeling changes that ordinarily might be required; (2) how FDA plans
to determine what constitutes new safety information; (3) the
procedures involved in requiring safety labeling changes, and (4)
enforcement of the requirements for safety labeling changes. The
guidance is currently posted to the docket and available on FDA's
website at https://www.fda.gov/regulatory-information/search-fda-guidance-documents/safety-labeling-changes-implementation-section-505o4-federal-food-drug-and-cosmetic-act.
    As explained in the guidance, we send application holders a
notification letter when safety labeling changes are required. Under
section 505(o)(4)(B) of the FD&C Act, the application holder must
respond to our notification by either submitting a labeling supplement,
or a rebuttal statement explaining why it believes the labeling change
is unwarranted. Based on our experience to date with safety labeling
changes requirements under section 505(o)(4) of the FD&C Act, we
estimate that 36 application holders will elect to submit 1 rebuttal
statement each year and that each rebuttal statement will take
approximately 6 hours to prepare.
    In addition, the guidance explains that labeling prepared in
response to a safety labeling change notification should be available
on the application holder's website within 10 calendar days of
approval. We estimate that 351 application holders will post new
labeling one time each year in response to a safety labeling change
notification and that the posting of the labeling will take
approximately 4 hours to prepare.
    In the Federal Register of February 12, 2019 (84 FR 3461), we
published a 60-day notice requesting public comment on the proposed
collection of information. One comment was received. The comment
offered general support for the information collection, provided
certain statistical details regarding potential respondents, encouraged
utilization of electronic and/or digital technology where possible, and
offered a related topic for which additional guidance might be useful.
We appreciate the comment and will continue to consider the suggestions
provided. At the same time, it was not suggested that we make changes
to our burden estimate, which remains as follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                              Activity                                  Number of      responses per     Total annual    Average burden    Total hours
                                                                       respondents       respondent       responses       per response
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rebuttal statement.................................................              36                1               36                6              216
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

                                               Table 2--Estimated Annual Third-Party Disclosure Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                         Type of submission                             Number of     disclosures per    Total annual    Average burden    Total hours
                                                                       respondents       respondent      disclosures     per disclosure
--------------------------------------------------------------------------------------------------------------------------------------------------------
Posting approval labeling on application holder's website..........             351                1              351                4            1,404
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Since last OMB review and approval, we have adjusted our estimated
annual number of respondents downward by 62. The decrease reflects that
we have issued fewer safety labeling notifications, and thus fewer
postings

are required and fewer rebuttals are expected.

    Dated: June 3, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-12109 Filed 6-7-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: October 13, 2005 (Volume 70, Number 197)]
[Notices]
[Page 59789-59790]
[DOCID:fr13oc05-141]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IA-2439]

Approval of Investment Adviser Registration Depository Filing
Fees

AGENCY: Securities and Exchange Commission.

ACTION: Order.

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SUMMARY: The Securities and Exchange Commission (Commission or SEC) is
waiving for one year Investment Adviser Registration Depository (IARD)
annual filing fees for all advisers.

EFFECTIVE DATE: October 7, 2005.

FOR FURTHER INFORMATION CONTACT: Jennifer L. Sawin, Assistant Director,
at<PHONE_NUMBER>, or<EMAIL_ADDRESS>Office of Investment Adviser
Regulation, Division of Investment Management, Securities and Exchange
Commission, 450 Fifth Street, NW., Washington, DC 20549-0506.

Discusson

    Section 203A(d) of the Investment Advisers Act of 1940 (Advisers
Act) authorizes us to require investment advisers to file applications
and other documents through an entity designated by the Commission, and
to pay reasonable costs associated with such filings.\1\ In 2000, we
designated the NASD as the IARD system operator and approved filing
fees,\2\ and later required advisers registered or registering with us
to file Form ADV through the IARD.\3\ Approximately 9,000 advisers now
use the IARD to register with us and make State notice filings
electronically through the Internet.
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    \1\ See 15 U.S.C. 80b-3a(d).
    \2\ Designation of NASD Regulation, Inc., to Establish and
Maintain the Investment Adviser Registration Depository; Approval of
IARD Fees, Investment Advisers Act Release No. 1888 (July 28, 2000)
[65 FR 47807 (Aug. 3, 2000)]. Following a corporate restructuring in
2002, the name of the IARD system operator was changed to ``NASD.''
    \3\ Electronic Filing by Investment Advisers; Amendments to Form
ADV, Investment Advisers Act Release No. 1897 (Sept. 22, 2000) [65
FR 57438 (Sept. 22, 2000)].
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    IARD filing fee revenues from advisers registering or registered
with the SEC (SEC-associated IARD revenues) have exceeded projections
made in 2000 when the current fee schedule was approved. Pursuant to
that schedule, filing fees vary according to the adviser's assets under
management. The number of SEC-registered advisers has grown from an
estimated 8,100 in 2000 to approximately 9,000 today. More
significantly, advisers' managed assets have increased, which has moved
many investment advisers to higher fee

categories. In 2000, the filing fees were set based on estimates that
nearly half of SEC-registered advisers were in the smallest fee
category. As of the end of the 2004 fiscal year, however, fully half of
SEC-registered advisers were in the highest fee category. Furthermore,
IARD expenses associated with SEC filings (SEC-associated IARD
expenses) have been less than was projected in 2000.
    As a result, SEC-associated IARD revenues have exceeded SEC-
associated IARD expenses, generating a surplus. As of June 30, 2005,
the cumulative surplus of SEC-associated IARD revenues over SEC-
associated IARD expenses was approximately $8.5 million (SEC-associated
surplus). Following discussions among Commission staff, representatives
of the North American Securities Administrators Association, Inc.
(NASAA) on behalf of the State securities authorities,\4\ and NASD,
NASD wrote our staff a letter that ``recommends that the annual IARD
fee for SEC-registered advisers be waived for a one-year period from
November 1, 2005 to October 31, 2006.'' \5\ Advisers registered with us
pay their IARD annual fees when they file their annual updating
amendment to Form ADV, due within 90 days of their fiscal year end.
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    \4\ The IARD system is used by both advisers registering or
registered with the SEC and advisers registered or registering with
one or more State securities authorities. NASAA represents the State
securities administrators in setting IARD filing fees for State-
registered advisers. State-registered advisers pay their annual
system renewal fees in December each year, regardless of their
fiscal year.
    \5\ A copy of the letter is available on our website. NASD has
not suggested changes to the initial IARD filing fees, which are
intended to cover the costs associated with entitling new
registrants on the IARD system. NASD represents that the costs per
adviser have not changed substantially. We are not changing or
waiving these IARD initial set-up fees, which remain $150 for
advisers with assets under management under $25 million; $800 for
advisers with assets under management between $25 million and $100
million; and $1,100 for advisers with assets under management over
$100 million.
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    In light of the SEC-associated surplus, we have determined to waive
for one year annual filing fees for all SEC-registered advisers. This
action is expected to waive approximately $3.9 million in IARD system
fees. The fee waiver will apply to all annual updating amendments filed
by SEC-registered advisers from November 1, 2005 through October 31,
2006. Based on current projections of expected SEC-associated IARD
revenues and SEC-associated IARD expenses in the next several years,
the Commission believes that the current surplus exceeds the amount of
surplus needed for system enhancements. Accordingly, the Commission
believes that a one-year waiver of IARD annual updating amendment
filing fees is appropriate.
    In addition, we note that NASD's letter further ``recommends that
annual IARD fees for SEC-registered advisers be reduced 30% beginning
November 1, 2006.'' \6\ In this regard, current projections of fee
revenues and system expenses cause us to believe that a reduction in
annual filing fees will be necessary to more closely align the IARD
filing fees with the costs of those filings. Under Advisers Act section
203A(d), the Commission may require advisers to pay filing fees that
reflect the reasonable costs associated with filings made by SEC-
registered advisers through the IARD.
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    \6\ We note that NASAA has announced a one-year waiver of annual
filing fees and a subsequent reduction of 30% in annual filing fees
for State registered advisers.
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    Accordingly, we plan to issue shortly a notice soliciting comment
on the appropriate level of IARD filing fees for the period after the
expiration of the one-year waiver. Among the alternatives on which we
plan to seek comment are a percentage fee reduction for annual updating
amendments filed by SEC-registered advisers beginning November 1, 2006
and a second one-year waiver of annual updating amendment fees.
    It is therefore ordered, pursuant to sections 203A(d) and 206(A) of
the Investment Advisers Act of 1940, that:
    For annual updating amendments to Form ADV filed from November 1,
2005 through October 31, 2006, the fee otherwise due from SEC-
registered advisers is waived.

    By the Commission.

    Dated: October 7, 2005.
J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E5-5599 Filed 10-12-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: March 5, 2008 (Volume 73, Number 44)]
[Notices]
[Page 11907-11908]
[DOCID:fr05mr08-56]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PF08-7-000]

Liberty Gas Storage, LLC; Notice of Intent To Prepare an
Environmental Assessment for the Proposed Liberty Gas Storage Expansion
Project and Request for Comments on Environmental Issues

February 28, 2008.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
describe the environmental impacts of constructing and operating the
Liberty Gas Storage, LLC's (Liberty) proposed Liberty Gas Storage
Expansion Project (Project) located in Cameron and Calcasieu Parishes,
Louisiana. The FERC will be the lead federal agency in the preparation
of this EA which will satisfy the requirements of the National
Environmental Policy Act (NEPA) and will be used by the FERC to
consider the environmental impacts that could result if the Commission
issues Liberty a Certificate of Public Convenience and Necessity
(Certificate) under Section 7 of the Natural Gas Act.
    This notice announces the beginning of the scoping process\1\ we
will use to gather input from the public and interested agencies about
the proposed Project. Your input will help the Commission staff
determine which issues need to be evaluated in the EA. Please note that
the scoping period will close on March 28, 2008.
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    \1\ The National Environmental Policy Act requires the
Commission to undertake a process to identify and address concerns
the public may have about a proposed project. This process is
commonly referred to as the ``scoping process''.
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    This notice is being sent to affected landowners; federal, state,
and local government representatives and agencies; environmental and
public interest groups; Native American tribes; other interested
parties in this proceeding; and local libraries and newspapers. We
encourage government representatives to notify their constituents of
this proposed project and encourage them to comment on their areas of
concern.
    If you are a landowner receiving this notice, you may be contacted
by a Liberty representative about the acquisition of an easement to
construct, operate, and maintain facilities necessary for the proposed
Project. Liberty would seek to negotiate a mutually acceptable
agreement. However, if the Project is approved by the Commission, that
approval conveys with it the right of eminent domain. Therefore, if
easement negotiations fail to produce an agreement, Liberty could
initiate condemnation proceedings in accordance with state law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' is available for
viewing on the FERC Internet Web site (http://www.ferc.gov). This fact
sheet addresses a number of typically asked questions, including the
use of eminent domain and how to participate in the Commission's
proceedings.

Summary of the Proposed Project

    Liberty is proposing to construct and operate a new natural gas
storage facility on an existing 159.5-acre industrial site, west of
Hackberry, in Cameron Parish, Louisiana. The proposed facility would
primarily consist of: Four salt dome caverns capable of storing
approximately a total of 24 billion cubic feet of natural gas; an
18,940 horsepower compressor station; and an approximately 5.2-mile-
long, 36-inch-diameter natural gas pipeline. Specifically, Liberty is
seeking authority to:
     Convert three existing salt dome caverns and develop one
new salt dome cavern for natural gas storage;
     Install groundwater supply wells and pipelines;
     Construct a brine pumping system and reservoir;
     Construct a compressor station containing four natural gas
driven reciprocating compressors;
     Utilize construction staging areas and access roads; and
     Construct other minor natural gas facilities associated
with storage cavern development, compressor station and pipeline
operation.
    Liberty is also seeking authority to construct:
     An approximately 5.2-mile-long, 36-inch-diameter natural
gas pipeline, beginning at the proposed storage facility site, heading
northeast through Black Lake, and connecting to the Cameron Interstate
Pipeline in Calcasieu Parish;
     One meter station;
     Four brine disposal wells at an off-site location; and
     An approximately 3.0-mile-long, 16-inch-diameter brine
disposal pipeline, beginning at the proposed storage facility site and
heading southeast to the proposed disposal wells.
    Additionally, Liberty is proposing to:
     Utilize a nominal 100-foot-wide right-of-way (ROW) for
construction of the proposed approximately 5.2-mile-long, 36-inch-
diameter natural gas pipeline (Liberty has also indicated that pipeline
construction through Black Lake would require the use of a
significantly wider construction ROW);
     Utilize a nominal 65-foot-wide ROW for construction of the
proposed approximately 3.0-mile-long, 16-inch-diameter brine disposal
pipeline; and
     Utilize permanent rights-of-way, 50 and 30 feet wide, for
maintenance of the natural gas and brine disposal pipelines,
respectively.
    A general map of the proposed facilities is provided in Appendix
1.\2\
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    \2\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of all appendices, other
than Appendix 1, are available on the Commission's Web site or from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426,<PHONE_NUMBER>.
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Land Requirements for Construction

    Construction of the proposed facilities including workspace,
staging yards, and access roads would require the temporary use of
approximately 336 acres of land. Operation and maintenance of the
proposed facilities would require the permanent use of approximately 32
acres of land. Land affected by construction, but not required for
operation and maintenance would be restored and allowed to revert to
its former use.

The Environmental Review and Assessment Processes

    The Commission's staff has initiated a pre-filing environmental
review of Liberty's proposed project. The purpose of the pre-filing
environmental review is to identify and resolve potential environmental
issues prior to the submission of an application for a Certificate by
Liberty. During a pre-filing environmental review, the public is
encouraged to comment on environmental issues related to the proposed
Project.
    Upon completion of staff's pre-filing environmental review, Liberty
has indicated that it would file an application for a Certificate.
Based upon

the pre-filing environmental review, and Liberty's application; staff,
will prepare the EA.
    The EA will discuss the environmental impacts resulting from the
construction and operation of the proposed Project under the following
headings:
     Geology and Soils
     Water Resources and Wetlands
     Fisheries, Vegetation and Wildlife
     Threatened and Endangered Species
     Air and Noise Quality
     Land Use
     Cultural Resources
     Pipeline Safety and Reliability
    The Commission's staff will also evaluate possible alternatives to
the proposed Project including system and route alternatives and make
recommendations on how to lessen or avoid impacts to affected
environmental resources.
    As noted previously, the NEPA requires the Commission to undertake
a process to identify and address concerns the public may have about a
proposed project. This process is commonly referred to as the ``scoping
process''. The main goal of the scoping process is to identify public
concerns so that they can be considered in the Commission's
environmental review. Therefore, to satisfy scoping requirements, with
this notice, the Commission requests comments on environmental issues
that should be considered in its environmental review and assessment.
To ensure your comments are considered, please carefully follow the
instructions in the public participation section of this notice.
    Upon completion of the staff's environmental review and depending
on the issues identified and/or comments received during the
``scoping'' process, the EA may be published and mailed to federal,
state and local government agencies; elected officials; environmental
and public interest groups; affected landowners; other interested
parties; local libraries and newspapers; and the Commission's official
service list for this proceeding. A 30-day comment period would be
allotted for review of the EA if it is published. Staff would consider
all comments submitted concerning the EA before making their
recommendations to the Commission.
    Federal, state, or local agencies wishing to participate in staff's
environmental review and the subsequent development of an EA may
request ``cooperating agency'' status. Cooperating agencies are
encouraged to participate in the scoping process and provide staff with
written comments concerning the proposed Project. Agencies wanting to
participate as a cooperating agency should submit a letter to the
Commission describing the extent to which it would like to be involved.

Currently Identified Environmental Issues

    The Commission's staff has already identified numerous
environmental issues it thinks deserves consideration based on its
review of preliminary information submitted by Liberty. These issues
include potential impacts to:
     Land use;
     Residences;
     Groundwater;
     Wetlands; and
     Wildlife.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the proposed Project. By becoming a
commentor, your comments and concerns will be considered in the
environmental review, addressed in the EA and considered by the
Commission. Generally, comments are submitted regarding potential
environmental effects, reasonable alternatives, and measures to avoid
or lessen environmental impact. The more specific your comments, the
more useful they will be. To ensure that your comments are properly
recorded, please mail them to our office on or before March 28, 2008.
When filing comments please:
     Send an original and two copies of your letter to:
    Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
888 First St., NE., Room 1A, Washington, DC 20426.
     Label one copy of your comments to the attention of Gas
Branch 2, DG2E; and reference Pre-Filing Docket No. PF08-7-000 on the
original and both copies.
    Please note that the Commission encourages the electronic filing of
comments. To file electronic comments online please see the
instructions \3\ on the Commission's Web site at http://www.ferc.gov.
Please note before you can file electronic comments with the Commission
you will need to create a free online account.
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    \3\ 18 Code of Federal Regulations 385.2001(a)(1)(iii).
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    Once Liberty files an application for a Certificate with the
Commission, a stakeholder may choose to become an official party to the
proceeding known as an ``intervenor.'' Intervenors are allotted a more
formal role in the process and are able to file briefs, appear at
hearings, and be heard by the courts if they choose to appeal the
Commission's final ruling. Instructions for becoming an intervenor are
available on the Commission's Web site. Please note that requests to
intervene will not be accepted until an application for a Certificate
is filed with the Commission.

Environmental Mailing List

    An effort has been made to send this notice to all individuals,
organizations, and government entities that might be interested in and/
or potentially affected by the proposed Project. This includes all
landowners who are potential right-of-way grantors, landowners whose
property may be used temporarily for project purposes, and landowners
with homes within distances defined in the Commission's regulations of
certain aboveground facilities. If you would like to remain on the
environmental mailing list for this proposed Project, please return the
Mailing List Retention Form found in Appendix 2. If you do not comment
on this proposed Project or return this form, you will be removed from
the Commission's environmental mailing list.

Availability of Additional Information

    Additional information about the proposed Project is available from
the Commission's Office of External Affairs at 1-866-208 FERC (3372) or
through the Commission's ``eLibrary'' which can be found online at
http://www.ferc.gov. For assistance with the Commission's ``eLibrary'',
contact the helpline at 1-866-208-3676, TTY<PHONE_NUMBER>, or at
<EMAIL_ADDRESS>    Additionally, the FERC now offers a free service called
eSubscription that allows stakeholders to keep track of all formal
issuances and submittals in specific dockets. This service can reduce
the amount of time stakeholders spend researching proceedings by
automatically providing them with notification of filings, document
summaries, and direct links to documents. To register for this service,
go to http://www.ferc.gov/esubscribenow.htm.
    If applicable, public meetings or site visits associated with this
proposed Project will be posted on the Commission's calendar which can
be found online at http://www.ferc.gov/EventCalendar/EventsList.aspx.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-4224 Filed 3-4-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 52 (Friday, March 17, 2023)]
[Notices]
[Page 16429]
[FR Doc No: 2023-05420]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD23-6-000]

Notice of Intent To Update the Upland Erosion Control,
Revegetation and Maintenance Plan and the Wetland and Waterbody
Construction and Mitigation Procedures and Request for Comments

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) are reviewing the May 2013 Upland Erosion Control,
Revegetation and Maintenance Plan (Plan) and Wetland and Waterbody
Construction and Mitigation Procedures (Procedures) to determine if
there are appropriate updates or improvements required at this time.
Commission staff are asking for public input and suggestions for
modifications to the Plan and Procedures from stakeholders and
practitioners, including federal, state and local agencies,
environmental consultants, inspectors, the natural gas industry,
construction contractors, and other interested parties with special
expertise with respect to environmental issues associated with natural
gas pipeline projects. Please note that this comment period will close
on May 9, 2023.
    The Plan and Procedures are referred to at 18 Code of Federal
Regulations (CFR) 380.12(i)(5) and 380.12(d)(2), respectively, as well
as 18 CFR 157.206(b)(3)(iv). Full texts of the current versions of the
Plan and Procedures can be viewed on the Federal Energy Regulatory
Commission (FERC or Commission) website at https://www.ferc.gov/sites/default/files/2020-04/upland-erosion-control-revegetation-maintenance-plan.pdf and https://www.ferc.gov/sites/default/files/2020-04/wetland-waterbody-construction-mitigation-procedures.pdf, respectively.
    Commission staff anticipate issuing draft changes to the Plan and
Procedures in late 2023 and will make them available for public
comment. Commission staff will then consider all timely comments on the
drafts before issuing the final versions.
    Interested parties can help determine the appropriate updates and
improvements to make by providing comments or suggestions that focus on
the specific sections requiring clarification, updates to reflect
current laws and regulations, or improved measures to avoid or minimize
environmental impacts. The more specific your comments, the more useful
they will be. Commission staff also encourage commentors to include
references for any scientific studies associated with their comments.
Please note that the measures in the Plan and Procedures are primarily
performance-based, so that they can be applied to pipeline projects
throughout the entire country. Suggestions for prescriptive language or
comments focused on one portion of the country will provide limited
value.
    There are three 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<PHONE_NUMBER> or
[email protected]. 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 FERC Online. Using eComment is an easy method for
submitting brief, text-only comments;
    (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 FERC Online. 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 Commission. Be sure to reference the docket number AD23-6-000 on
your letter. Submissions sent via the U.S. Postal Service must be
addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852.
    All of the information related to the proposed updates to the Plan
and Procedures and submitted comments can be found on the FERC website
(www.ferc.gov) using the eLibrary link. Click on the eLibrary link,
confirm that ``General Search'' is selected, and enter the docket
number, excluding the last three digits in the Docket Number field
(i.e., AD23-6). Be sure you have selected an appropriate date range.
For assistance, please contact FERC Online Support at
[email protected] or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    Additionally, the Commission offers a free service called
eSubscription. This service provides autotomatic notification of
filings made to subscribed dockets, document summaries, and direct
links to documents. Go to https://ferconline.ferc.gov/Login.aspx to
register for eSubscription.

    Dated: March 10, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-05420 Filed 3-16-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 178 (Thursday, September 13, 2012)]
[Rules and Regulations]
[Pages 56549-56552]
[FR Doc No: 2012-22600]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0739]
RIN 1625-AA00

Safety Zone; Blue Angels at Kaneohe Bay Air Show, Oahu, HI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone while
the U.S. Navy Blue Angels Squadron conducts aerobatic performances over
Kaneohe Bay, Oahu, Hawaii. This safety zone encompasses a small area of
the Kane'ohe Bay Naval

Defensive Sea Area, including an area that extends approximately 150
yards northeast and 250 yards southwest of the Defensive Sea Area. This
safety zone extends from the surface of the water to the ocean floor.
This safety zone is necessary to protect watercraft and the general
public from hazards associated with the U.S. Navy Blue Angels aircraft
low flying, high powered jet aerobatics over open waters. Vessels
desiring to transit through the zone can request permission by
contacting the Honolulu Captain of the Port at telephone number 808-
842-2600.

DATES: This rule is effective from 9 a.m. September 28, 2012 through 5
p.m. September 30, 2012. This rule will be enforced on a daily basis
from 9 a.m. through 5 p.m. September 28 through September 30, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0739]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Scott O. Whaley, Waterways
Management Division, U.S. Coast Guard Sector Honolulu, telephone 808-
522-8264 ext. 352, email<EMAIL_ADDRESS>If you have questions
on viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard did not receive
necessary information regarding the event with sufficient time to
publish an NPRM and to receive public comments prior to the event. Any
delay in the effective date of this rule would be contrary to the
public interest because immediate action is needed to minimize
potential danger to air show participants, participant aircraft,
spectators, and the general public.
    For the same reason discussed above, 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.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    On May 14, 2012, Kaneohe Bay Air Show 2012 coordinators informed
the U.S. Coast Guard of a State of Hawaii approved Air Show plan that
include an aerial performance ``show box'' extending beyond the
Kane`ohe Bay Naval Defensive Sea Area as established by Executive Order
No. 8681 of February 14, 1941. Within this ``show box'', the U.S. Navy
Blue Angels Squadron will conduct aerobatic performances, exhibiting
their aircraft's maximum performance capabilities, over Kaneohe Bay,
Oahu, Hawaii during a 3-day period. Taking into account the hazards
associated within this ``show box'' during the Squadron's high powered
multiple jet aircraft performances, and that Kaneohe Bay normally
experiences heavy waterway traffic during the weekends, a safety zone
for the portions of the ``show box'' that extend beyond the Kane`ohe
Bay Naval Defensive Sea was determined to be appropriate by the Captain
of the Port so as to ensure the safety of all watercraft and the
general public during the Blue Angels' performances.

C. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The economic impact of
this rule is not significant for the following reasons: (1) The safety
zone will be enforced for only eight hours each day for a three day
period; (2) although persons and vessels will not be able to enter,
transit through, anchor in, or remain within the event area without
authorization from the Captain of the Port Honolulu or a designated
representative, they may operate in the surrounding area during the
enforcement period; (3) persons and vessels may still enter, transit
through, anchor in, or remain within the event area during the
enforcement period if authorized by the Captain of the Port Miami or a
designated representative.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this rule on small entities. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
This rule may affect the following entities, some of which may be small
entities: the owners or operators of vessels intending to enter,
transit through, anchor in, or remain within that portion of Kaneohe
Bay encompassed within the safety zone from 8 a.m. until 5 p.m. on
September 28, 29, and 30, 2012. For the reasons discussed in the
Regulatory Planning and Review section above, this rule will not have a
significant economic impact on a substantial number of small entities.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person

listed in the FOR FURTHER INFORMATION CONTACT, above. The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule involves the establishment
of a temporary safety zone to protect the public on navigable waters of
the United States. This rule is categorically excluded from further
review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. A preliminary environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T14-210 to read as follows:

Sec.  165.T14-210  Safety Zone; Blue Angels at Kaneohe Bay Air Show,
Oahu, Hawaii.

    (a) Location. The following area is a safety zone: All waters
contained within an area composing of one box on Kane`ohe Bay Naval
Defensive Sea Area as established by Executive Order No. 8681 of
February 14, 1941, in Kaneohe Bay, Oahu, Hawaii. This box extends
approximately 150 yards northeast and 250 yards southwest of the
Defensive Sea Area and is bound by the following points: 21[deg]26.449'
N 157[deg]47.071' W then south to 21[deg]26.270' N 157[deg]46.895' W
then northeast to 21[deg]27.943' N 157[deg]44.953' W then west to
21[deg]28.016' N 157[deg]45.250' W returning southwest to the starting
point. This safety zone extends from the surface of the water to the
ocean floor. These coordinates are based upon the National Oceanic and
Atmospheric Administration Coast Survey, Pacific Ocean, Oahu, Hawaii,
chart 19359.
    (b) Regulations. (1) Entry into or remaining in the safety zones
described in paragraph (a) of this section is prohibited unless
authorized by the Honolulu Coast Guard Captain of the Port.
    (2) Persons desiring to transit these safety zones may contact the
Honolulu Captain of the Port on VHF channel 16 (156.800 MHz) or at
telephone number<PHONE_NUMBER> to seek permission to transit the area.
If permission is granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his or her designated
representative.
    (c) Enforcement period. This rule is effective from 9 a.m.
September 28, 2012 through 5 p.m. September 30, 2012. This rule will be
enforced daily between the hours of 9 a.m. through 5 p.m. from
September 28 through September 30, 2012.
    (d) Penalties. Vessels or persons violating this rule are subject
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

    Dated: August 27, 2012.
J.M. Nunan,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2012-22600 Filed 9-12-12; 8:45 am]
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