[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Notices]
[Page 33805]
[FR Doc No: 2022-11909]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4516-DR; Docket ID FEMA-2022-0001]

New Hampshire; Amendment No. 9 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of New Hampshire (FEMA-4516-DR), dated April 3, 2020, and
related determinations.

DATES: This change occurred on May 17, 2022.

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

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Lori A.
Ehrlich, of FEMA is appointed to act as the Federal Coordinating
Officer for this disaster.
    This action terminates the appointment of Paul F. Ford as Federal
Coordinating Officer for this disaster.

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

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-11909 Filed 6-2-22; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Notices]
[Page 1750]
[FR Doc No: 2022-00410]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 4644-016]

GR Catalyst Two, LLC; Notice of Intent To File License
Application, Filing of Pre-Application Document, and Approving Use of
the Traditional Licensing Process

    a. Type of Application: Notice of Intent to File License
Application and Request to Use the Traditional Licensing Process.
    b. Project No.: 4644-016.
    c. Date filed: November 30, 2021.
    d. Submitted by: GR Catalyst Two, LLC (GR Catalyst).
    e. Name of Project: Dahowa Hydroelectric Project.
    f. Location: Located on the Batten Kill, a tributary of the Hudson
River in Washington County, New York. The project does not occupy any
federal land.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Potential Applicant Contact: Ms. Celeste Fay, Director of
Regulatory Affairs, GR Catalyst Two, LLC, c/o Gravity Renewables, Inc,
P.O. Box 7580, Boulder, CO 80306, Phone:<PHONE_NUMBER>, Email:
[email protected].
    i. FERC Contact: Claire Rozdilski, Phone:<PHONE_NUMBER>, Email:
[email protected].
    j. GR Catalyst filed its request to use the Traditional Licensing
Process on November 30, 2021 and provided public notice of its request
on the same date. In a letter dated January 6, 2022, the Director of
the Division of Hydropower Licensing approved GR Catalyst's request to
use the Traditional Licensing Process.
    k. With this notice, we are initiating informal consultation with
the U.S. Fish and Wildlife Service and/or NOAA Fisheries under section
7 of the Endangered Species Act and the joint agency regulations
thereunder at 50 CFR, part 402; and NOAA Fisheries under section 305(b)
of the Magnuson-Stevens Fishery Conservation and Management Act and
implementing regulations at 50 CFR 600.920. We are also initiating
consultation with the New York State Historic Preservation Officer, as
required by section 106, National Historic Preservation Act, and the
implementing regulations of the Advisory Council on Historic
Preservation at 36 CFR 800.2.
    l. With this notice, we are designating GR Catalyst as the
Commission's non-federal representative for carrying out informal
consultation pursuant to section 7 of the Endangered Species Act and
section 305(b) of the Magnuson-Stevens Fishery Conservation and
Management Act; and consultation pursuant to section 106 of the
National Historic Preservation Act.
    m. GR Catalyst filed a Pre-Application Document (PAD; including a
proposed process plan and schedule) with the Commission, pursuant to 18
CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD may be viewed on the Commission's website
(http://www.ferc.gov), using the ``eLibrary'' link. Enter the docket
number, excluding the last three digits in the docket number field, to
access the document. For assistance, contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY).
    o. The applicant states its unequivocal intent to submit an
application for a new license for Project No. 4644. Pursuant to 18 CFR
16.8, 16.9, and 16.10 each application for a new license and any
competing license applications must be filed with the Commission at
least 24 months prior to the expiration of the existing license. All
applications for license for this project must be filed by November 30,
2024.
    p. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: January 6, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-00410 Filed 1-11-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)]
[Notices]
[Pages 58032-58034]
[FR Doc No: 2017-26459]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82213; File No. SR-NYSE-2017-32]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Amendment No. 1 and Order Granting Accelerated
Approval of Proposed Rule Change, as Modified by Amendment No. 1
Thereto, To Amend Section 202.06 of the NYSE Listed Company Manual To
Prohibit Listed Companies From Issuing Material News After the Official
Closing Time for the Exchange's Trading Session Until the Earlier of
Publication of Such Company's Official Closing Price on the Exchange or
Five Minutes After the Official Closing Time

December 4, 2017.

I. Introduction

    On August 17, 2017, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Exchange Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to amend the NYSE Listed Company
Manual (the ``Manual'') to prohibit listed companies from issuing
material news after the official closing time for the Exchange's
trading session until the earlier of publication of such company's
official closing price on the Exchange or five minutes after the
official closing time. The proposed rule change was published for
comment in the Federal Register on September 5, 2017.\3\ The Commission
received one comment letter on the proposed rule change.\4\ On October
20, 2017, the Commission extended the time period within which to
approve the proposed rule change, disapprove the proposed rule change,
or institute proceedings to determine whether to approve or disapprove
the proposed rule change to December 4, 2017.\5\ On November 28, 2017,
the Exchange filed Amendment No. 1 to the proposed rule change, which
replaced and superceded the original filing in its entirety.\6\ This
order approves the proposed rule change, as modified by Amendment No.
1.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 81494 (August 29,
2017), 82 FR 42008 (``Notice'').
    \4\ See letter to Eduardo A. Aleman, Assistant Secretary,
Commission from John Dibacco Virtu Financial LLC (``Virtu''), dated
September 20, 2017 (``Virtu Letter''). The Virtu Letter expressed
support for the proposed rule change.
    \5\ See Securities Exchange Act Release No. 81914, 82 FR 49690
(October 26, 2017).
    \6\ In Amendment No. 1, the Exchange amended the proposed rule
language to clarify that the proposed restriction on issuing
material news will not apply where a listed company was publicly
disclosing material information following a non-intentional
disclosure in order to comply with Regulation FD. Amendment No. 1
was also submitted as a comment to the rule proposal. See letter to
Brent J. Fields, Secretary, Commission from Martha Redding,
Associate General Counsel and Assistant Secretary, New York Stock
Exchange, dated November 29, 2017 (``Amendment No. 1'').
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II. Description of the Proposed Rule Change, as Modified by Amendment
No. 1

    Currently, the Exchange's rules for the public release of material
information, set forth in Section 202.06 (Procedure for Public Release
of Information; Trading Halts) of the Manual, contains an advisory that
requests that listed companies that intend to issue material news after
the close of trading on the Exchange delay such issuance until the
earlier of publication of such company's official closing price or
fifteen minutes after the close of trading in order to facilitate an
orderly closing auction process. Continuous trading on the Exchange
ends at the Exchange's official closing time of 4:00 p.m. Eastern Time,

except for certain days on which trading closes early at 1:00 p.m.
Eastern Time. After continuous trading ends at the official closing
time (generally 4:00 p.m. unless there is a 1:00 p.m. close), the
Designated Market Maker (``DMM'') in a security facilitates the close
of trading in a closing auction.\7\ The closing auction is a manual
process unless the DMM chooses to automate the closing auction.\8\ At
the official closing time, the Exchange stops accepting any new orders,
including those orders designated for the closing auction and requests
to cancel orders.
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    \7\ See Section 202.06 of the Manual. A DMM has a responsibility
and duty to facilitate the close of trading for each of the
securities in which the DMM is registered. See id. at 42009. Up
until 4:00 p.m., the Exchange publishes order imbalance information,
which includes real-time order imbalance information and information
indicating the price at which closing interest may be executed in
full and the price at which Exchange Book and closing-only interest
may be executed in full. See id. Accordingly, a DMM facilitates a
closing auction based on an order imbalance and order information
established before 4:00 p.m. See id.
    \8\ See NYSE Rule 123C, which establishes the Exchange's Closing
Procedures, including that closings may be effectuated manually or
electronically by the DMM (Supplementary Material .10 to Rule 123C).
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    In its proposal, the Exchange stated that because there is trading
after 4:00 p.m. Eastern Time on other exchange and non-exchange venues
(``away markets''), if a listed company issues material news
immediately after 4:00 p.m., but before the closing auction on the
Exchange is completed, there can be a significant price difference in
nearly contemporaneous trades on away markets and the official closing
price on the Exchange.\9\ The Exchange previously had added the
advisory text in Section 202.06 of the Manual, noted above, in order to
mitigate investor confusion as a result of possible discrepancy between
the official closing price on the Exchange and the prices of executions
in away markets.\10\ The Exchange stated in its proposal, however, that
it has continued to experience situations where material news issued by
companies shortly after 4:00 p.m. has caused significant investor
confusion.\11\ Specifically, when a listed company releases material
news shortly after 4.00 p.m., but before the DMM has been able to
complete the Exchange closing auction, the material news release can
cause the company's stock to trade on away markets at materially
different prices than the price of the NYSE's closing auction.\12\
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    \9\ See Notice, supra note 3, at 42009.
    \10\ See Securities Exchange Act Release No. 75809 (September 2,
2015), 80 FR 54362 (September 9, 2015).
    \11\ See Notice, supra note 3, at 42009.
    \12\ See Id.
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    The Exchange has therefore proposed to amend Section 202.06 of the
Manual to prohibit listed companies from issuing material news after
the official closing time for the Exchange's trading session until the
earlier of publication of such company's official closing price on the
Exchange or five minutes after the Exchange's official closing time,
except when publicly disclosing material information following a non-
intentional disclosure in order to comply with Regulation FD under the
Act. The Exchange has also proposed to retain the existing advisory
text in Section 202.06 of the Manual. Finally, the Exchange proposed to
modify its description of the Exchange's trading hours to specify the
official closing time is typically 4:00 p.m. Eastern Time, except for
certain days on which the official closing time occurs early at 1:00
p.m. Eastern Time.\13\
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    \13\ See proposed Section 202.06 of the Manual.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Exchange Act and the
rules and regulations thereunder applicable to a national securities
exchange.\14\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Exchange Act,\15\
which requires, among other things, that the rules of a national
securities exchange be designed to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
to remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest; and are not designed to permit
unfair discrimination between customers, issuers, brokers, or dealers.
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    \14\ In approving this proposal, the Commission has considered
the proposed rule's impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \15\ 15 U.S.C. 78f(b)(5).
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    The Commission believes that the proposed amendment is reasonably
designed to promote just and equitable principles of trade by ensuring
that participants in the closing auction on the Exchange do not have
their trades executed at a price that is different from essentially
contemporaneous trades being executed on away markets. As is noted
above, the price on such away markets can reflect material news that
was released after the Exchange's official closing time but before the
DMM is able to complete the closing auction. Such an occurance can
increase the risk of market disruption and reduce investor confidence
in trading on the Exchange given that once the official closing time
occurs on the Exchange, orders cannot be cancelled or modified
(including orders designated for the closing price) to take into
account the material news even though the Exchange closing price may
not yet have been established by the closing auction process.
    According to Section 202.05 (Timely Disclosure of Material News
Developments) of the Manual, a listed company is expected to release
quickly to the public any news or information which might reasonably be
expected to materially affect the market for its securities.\16\ While
the Commission recognizes the importance of the requirement in Section
202.05 that listed companies release material news to the public as
quickly as possible, the Commission also believes that the maximum five
minute delay mandated by the proposal is consistent with investor
protection in that it will reduce the likelihood of investor confusion
that could result if material news is issued prior to the completion of
the Exchange's closing auction but while trading is continuing on away
markets. The Exchange has also represented that DMMs are able to
complete the closing auctions for the securities assigned to a DMM in
almost all cases within five minutes of the Exchange's official closing
time, thereby minimizing the possible amount of time delay for a listed
company to issue material news after the Exchange's official closing
time, consistent with the protection of investors and the public
interest.\17\
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    \16\ Section 202.05 of the Manual further states that a listed
company should also act promptly to dispel unfounded rumors which
result in unusual market activity or price variations.
    \17\ See Notice, supra note 3, at 42009.
---------------------------------------------------------------------------

    The Commission further notes that the commenter supported the goals
of the proposal stating that they agreed with the Exchange that, in
order to prevent investor confusion, the closing price for NYSE listed
companies must be consistent with the contemporanious trading prices on
other markets and a brief ``coolling off'' period was warranted to
enable the DMM to complete the closing auction process.\18\
---------------------------------------------------------------------------

    \18\ See Virtu Letter at 2. Additionally, Virtu requested that
the Exchange review compliance with Section 202.06 of the Manual to
determine whether appropriate actions are being taken to prevent the
dissemination of material news during the trading day. The
Commission believes that Virtu's request to review Section 202.06 of
the Manual is beyond the scope of the proposed rule change.
---------------------------------------------------------------------------

    The amended proposed rule language, moreover, makes clear that,
despite the

limited time prohibition in the rule for releasing material information
after the Exchange's official closing time, a listed company is never
expected to withhold material information if doing so would violate
Regulation FD under the Act. The Commisison notes that this exception
in the new rule requirement ensures that listed companies will not be
prohibited from disclosing material information following a non-
intentional disclosure in compliance with Regulation FD, even if the
closing auction on the Exchange has not yet been completed. The
Commisison believes that this provision is designed to ensure, among
other things, that all market participants have equal access to
information that is material to trading in the securities of listed
companies and therefore finds it is consistent with the protection of
investors and the public interest.\19\ Finally, the Commission believes
that making clear the official closing time of the Exchange is
consistent with investor protection and the public interest in that it
reduces potential confusion in determining when the rule applies.
---------------------------------------------------------------------------

    \19\ The Commission notes that it expects listed companies to
comply with their obligations under the federal securities laws,
including Regulation FD, notwithstanding provisions in the Exchange
rules that require listed companies to provide the Exchange advance
notice of material news announcements, such as in Section 202.05 (B)
of the Manual.
---------------------------------------------------------------------------

    Accordingly, for the reasons discussed above, the Commission finds
that the proposed rule change, as modified by Amendment No. 1, is
consistent with the Exchange Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether this filing, as
modified by whether Amendment No. 1, is consistent with the Exchange
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 protected]. Please include
File Number SR-NYSE-2017-32 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-NYSE-2017-32. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. 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-NYSE-2017-32 and should be
submitted on or before December 29, 2017.

V. Accelerated Approval of Proposed Rule Change, as Modified by
Amendment No. 1

    The Commission finds good cause, pursuant to Section 19(b)(2) of
the Exchange Act, to approve the proposed rule change, as modified by
Amendment No. 1, prior to the 30th day after the date of publication of
Amendment No. 1 in the Federal Register. As discussed above, Amendment
No. 1 explicitly makes clear that the proposed restriction on issuing
material news will not apply when a listed company is publicly
disclosing material information following a non-intentional disclosure
in order to comply with Regulation FD.\20\ The Commission believes that
this revision provides greater clarity on the application of the
proposed amendments to Section 202.06 of the Manual and removes
uncertainty as to the new prohibitions in the Exchange rules and a
listed company's obligation to make disclosures that would be required
under Regulation FD pursuant to the federal securities laws.
---------------------------------------------------------------------------

    \20\ See supra note 6.
---------------------------------------------------------------------------

    Accordingly, the Commission finds good cause for approving the
proposed rule change, as modified by Amendment No. 1, on an accelerated
basis, pursuant to Section 19(b)(2) of the Exchange Act.

VI. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Exchange Act,\21\ that the proposed rule change (SR-NYSE-2017-32), as
modified by Amendment No. 1, be, and hereby is, approved.
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    \21\ 15 U.S.C. 78f(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-26459 Filed 12-7-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Rules and Regulations]
[Pages 46387-46389]
[FR Doc No: 2018-19727]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-1145; Airspace Docket No. 17-AWP-19]
RIN 2120-AA66

Amendment of Class E Airspace; Kamuela, HI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E surface area airspace and Class E
airspace extending upward from 700 feet above the surface at Waimea-
Kohala Airport, Kamuela, HI by modifying the boundaries to only that
area necessary to contain instrument flight rules (IFR) operations at
the airport. The part-time Notice to Airmen (NOTAM) status is removed
from Class E surface area airspace, and references to the Kamuela VOR/
DME is removed from associated Class E airspace areas above. Airspace
redesign is necessary as the FAA transitions from ground-based to
satellite-based navigation for the safety and management of the
national airspace system. Also, an editorial change will be made
removing the airport name and replacing it with the city in the
airspace designators for the above airspace areas.

DATES: Effective 0901 UTC, February 28, 2019. The Director of the
Federal Register approves this incorporation by reference action under
Title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11B, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For

information on the availability of this material at NARA, call (202)
741-6030, or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Tom Clark, Federal Aviation
Administration, Operations Support Group, Western Service Center, 2200
S 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends Class E airspace at Waimea-Kohala Airport, Kamuela, HI, in
support of IFR operations at the airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (83 FR 7433; February 21, 2018) for Docket No. FAA-2017-1145
to amend Class E surface area airspace and Class E airspace extending
upward from 700 feet above the surface at Waimea-Kohala Airport,
Kamuela, HI. Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal to the
FAA. No comments were received.
    Class E airspace designations are published in paragraph 6002, and
6005, respectively, of FAA Order 7400.11B, dated August 3, 2017, and
effective September 15, 2017, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designation listed in this document will
be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and
Reporting Points, dated August 3, 2017, and effective September 15,
2017. FAA Order 7400.11B is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11B lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    The FAA is amending Title 14 Code of Federal Regulations (14 CFR)
part 71 by removing the part-time NOTAM status of Class E surface area
airspace and defining its boundaries with reference to the Waimea-
Kohala Airport, Kamuela, HI (instead of the Kamuela VOR/DME). Class E
airspace extends upward from the surface within the 4.3-mile radius of
Waimea-Kohala Airport, and within 2.4 miles north and 1.8 miles south
of the 069[deg] bearing from the airport extending from the 4.3-mile
radius to 7.3 miles east of the airport (currently 1.8 miles northwest
of and 2.6 miles southeast of the Kamuela VOR 063[deg] radial,
extending from the 4.3-mile radius to 7.8 miles northeast of the
Kamuela VOR/DME).
    Class E airspace extending upward from 700 feet above the surface
will be modified to within a 4.3-mile radius (from a 6.4-mile radius)
of Waimea-Kohala Airport and within 4.1 miles each side of the 069[deg]
bearing from the airport extending from the 4.3-mile radius to 12.8
miles east of the airport, and within 1.3 miles each side of the
244[deg] bearing from the airport extending from the 4.3-mile radius to
5.8 miles southwest of the airport (currently 2 miles each side of the
Kamuela VOR/DME 068[deg] radial, extending from the 6.4-mile radius
12.6 miles northeast of the Kamuela VOR/DME, and within 2 miles each
side of the Kamuela VOR/DME 246[deg] extending from the 6.4-mile radius
to 13.4 miles southwest of the Kamuela VOR/DME). This airspace redesign
expands the airspace areas slightly northeast and reduces the airspace
from southeast clockwise to north to only that area necessary to
contain IFR operations at the airport.
    Additionally, an editorial change replaces Waimea-Kohala Airport,
HI, with Kameula, HI, in the airspace designation of the above classes
of airspace to comply with a recent change to FAA Order 7400.2L,
Procedures for Handling Airspace Matters.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting Points, dated August 3, 2017, and
effective September 15, 2017, is amended as follows:

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.

* * * * *

AWP HI E2 Kamuela, HI [Amended]

Waimea-Kohala Airport, HI
    (Lat. 20[deg]00'05'' N, long. 155[deg]40'05'' W)

    That airspace extending upward from the surface within a 4.3-
mile radius of Waimea-Kohala Airport, and within 2.4 miles north and
1.8 miles south of the 069[deg] bearing from the airport extending
from the 4.3-mile radius to 7.3 miles east of the airport.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AWP HI E5 Kamuela, HI [Amended]

Waimea-Kohala Airport, HI
    (Lat. 20[deg]00'05'' N, long. 155[deg]40'05'' W)

    That airspace extending upward from 700 feet above the surface
within a 4.3-mile radius of Waimea-Kohala Airport, and within 4.1
miles each side of the 069[deg] bearing from the airport extending
from the 4.3-mile radius to 12.8 miles east of the airport, and
within 1.3 miles each side of the 244[deg] bearing from the airport
extending from the 4.3-mile radius to 5.8 miles southwest of the
airport.

    Issued in Seattle, Washington, on September 5, 2018.
Shawn M. Kozica,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2018-19727 Filed 9-12-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: September 13, 2006 (Volume 71, Number 177)]
[Notices]
[Page 54037]
[DOCID:fr13se06-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-515-000]

East Tennessee Natural Gas, LLC; Notice of Proposed Changes in
FERC Gas Tariff

August 29, 2006.
    Take notice that on August 25, 2006, East Tennessee Natural Gas,
LLC (East Tennessee) tendered for filing as part of its FERC Gas
Tariff, Third Revised Volume No. 1, the tariff sheets listed in
Appendix A of the filing to be effective September 25, 2006.
    East Tennessee states that copies of its filing have been mailed to
all affected customers and interested state commissions.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Sec.  154.210 of the Commission's regulations (18 CFR 154.210). Anyone
filing an intervention or protest must serve a copy of that document on
the Applicant. Anyone filing an intervention or protest on or before
the intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-15147 Filed 9-12-06; 8:45 am]

BILLING CODE 6717-01-P


COMPANY NOTICE OF FILING FOR TETRACONAZOLE NEW USES PESTICIDE PETITION

<EPA Registration Division contact: Sidney Jackson,<PHONE_NUMBER>>

<Interregional Research Project Number 4>

<Pesticide Petition Number 0E7735>

<	EPA has received a pesticide petition (PP 0E7735) from the
Interregional Research Project Number 4 (IR-4), 500 College Road East,
Suite 201W,  Princeton, NJ 08540 proposing, pursuant to section 408(d)
of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d),
to amend 40 CFR part 180.557 by establishing a tolerance for residues of
 tetraconazole in or on the raw agricultural commodities small fruit
vine climbing, except fuzzy kiwifruit subgroup 13-07F at 0.20 parts per
million (ppm) and low growing berry subgroup 13-07G at 0.25 ppm.
Additionally, the petition proposes to delete the existing tolerance for
grape at 0.20 ppm since grape is included in the proposed subgroup
13-07F.  The EPA has determined that the petition contains data or
information regarding the elements set forth in section 408 (d) (2) of
FDDCA; however, EPA has not fully evaluated the sufficiency of the
submitted data at this time or whether the data supports granting of the
petition. Additional data may be needed before EPA rules on the
petition.>

<A. Residue Chemistry>

<	1. Plant metabolism.  The metabolism of tetraconazole is adequately
understood for the purposes of establishing the proposed tolerances.
Tetraconazole metabolites include 1,2,4-triazole, and two conjugates,
triazolylalanine and triazolyl acetic acid, which are common to most of
the triazole fungicides.  Based on the available metabolism and
toxicology data, parent tetraconazole is proposed to be considered as
the residue of concern in plant and animal matrices.  Tolerances have
previously been approved for many crop and animal matrices.

>

<	2. Analytical method. Adequate enforcement methodology (capillary gas
chromatography with electron capture detector (GC/ECD)) is available to
enforce the tolerance expression.  The method may be requested from:
Chief, Analytical Chemistry Branch, Environmental Science center, 701
Mapes Rd., Ft. Meade, MD 20755-5350.>

<	3. Magnitude of residues. For grape group 13-07F, a total of twelve
(12) residue trials were conducted to evaluate the magnitude of the
residues of tetraconazole following two applications of METTLE 125ME at
0.04 lbs of active ingredient (ai) per acre (a) with treatments 14 days
apart and harvest at 14 days after the last application.  The grape
fruit raw agricultural commodity (RAC) mean was 0.030 ppm with a minimum
residue level of 0.005 ppm and a maximum residue level of 0.091 ppm.
Both of the two processed fractions grape juice and raisins did not
concentrate having residue levels less than their corresponding grape
fruit (RAC). A tolerance has previously been established on grape at
0.20 ppm.

For strawberry group 13-07G,  a total of ten (10) residue trials were
conducted to evaluate the magnitude of the residues of tetraconazole
following two applications of METTLE 125ME at 0.05 lbs of active
ingredient (ai) per acre (a) with treatments 14 days apart and harvest
at 0 days after the last application.  The strawberry fruit raw
agricultural commodity (RAC) mean was 0.0787 ppm with a minimum residue
level of less than 0.005 ppm and a maximum residue level of 0.211 ppm.
No processing studies are required.

>

<B. Toxicological Profile>

<	1. Acute toxicity.  For formulated product; Acute oral lethal dose
(LD50) = >5000 (combined) milligrams/kilogram (mg/kg) (toxicity category
III); acute dermal LD50 < 2,000 mg/kg (toxicity category III); acute
inhalation lethal concentration (LC50) = 3.17 mg/liter (toxicity
category IV); primary eye irritation - clear by 72 hours - Minimal
irritant (toxicity category III); primary skin irritation – not an
irritant (toxicity category IV); and dermal sensitization – negative
– not a sensitizer.>

<	2. Genotoxicty. Numerous mutagenicity studies were conducted with
tetraconazole and no genotoxic effects were reported.>

<	3. Reproductive and developmental toxicity. A two-generation
reproduction study was conducted in rats at dietary concentrations of 0,
10, 70 or 490 ppm.  The LOAEL for parental toxicity = 70 ppm, equivalent
to 4.9/5.9 (male/female) mg/kg/day based on increased mortality in P
generation females. The NOAEL = 10 ppm, equivalent to 0.7/0.8 (M/F)
mg/kg/day. The LOAEL for off spring toxicity = 490 ppm (40.6 mg/kg/day
from the P generation female intake) based on decreased litter weight
and mean pup weight in litters of all generations before weaning and
increased relative liver weights at weaning in both sexes of all
litters. The NOAEL = 70 ppm (5.9 mg/kg/day). The LOAEL for reproductive
toxicity = 70 ppm, equivalent to 4.9/5.9 (M/F) mg/kg/day based on
increased mean gestation duration in P generation parental females and
related evidence of compound toxicity in the parturition process.  The
NOAEL was 10 ppm (0.7 mg/kg/day for males and 0.8 for females).>

A developmental toxicity study was conducted using rats gavaged with
doses of 0, 5, 22.5, and 100 mg/kg/day from days 2 through 15 of
gestation. The maternal toxicity LOAEL is 100 mg/kg/day based on
decreased body weight gain, and food consumption and increased liver and
kidney weights. The maternal toxicity NOAEL is 22.5 mg/kg/day.
Developmental toxicity was noted at 100 mg/kg/day and consisted of an
increased incidence of small fetuses, and supernumerary ribs. The LOAEL
and NOAEL for developmental toxicity were 100 and 22.5 mg/kg/day,
respectively.

A developmental toxicity study was conducted using rabbits gavaged with
doses of 0, 7.5, 15, or 30 mg/kg/day.  The maternal toxicity NOAEL = 13
mg/kg/day and LOAEL = 30 mg/kg/day, based upon decreased body weight
gain.  The developmental toxicity NOAEL = 30 mg/kg/day and the LOAEL was
not established.

<	4. Subchronic toxicity. Ninety-day feeding studies were conducted in
rats and mice.  The rat study was conduced at dietary concentrations of
0, 10, 60, or 360 ppm.  The NOAEL = 4.1/5.5 (M/F) mg/kg/day.  The LOAEL
= 23.9/28.7 (M/F) mg/kg/day, based on single liver cell degeneration in
males, and increased SGPT and SGOT, decreased BUN levels, increased
absolute and relative liver weights and presence of hepatocellular
single cell necrosis in females.  The mouse study was conducted at
dietary concentrations of 0, 5, 25, 125, or 625 ppm.  The NOAEL = 4
(M/F) mg/kg/day.  The LOAEL = 16/20 (M/F) mg/kg/day, based on single
liver cell degeneration in males, and increased SGPT and SGOT, decreased
BUN levels, increased absolute and relative liver weights and presence
of hepatocellular single cell necrosis in females.>

<	5. Chronic toxicity. A two year combined chronic
toxicity/carcinogenicity study was conducted in rats at dietary
concentrations of 0, 10, 80, 640 or 1280 ppm.  The NOAEL = 3.4/4.4 (M/F)
mg/kg/day.  The LOAEL = 27.7/39.4 (M/F) mg/kg/day, based upon
histopathology of the bone (osseous hypertrophy of the cranium/parietal
bone), pale and thickened incisors, and decreased absolute and relative
adrenal and pituitary weights in males; decreased body weight (at
terminal sacrifice) in females.  No treatment-related increases in tumor
incidence were observed.

A 52-week chronic toxicity study was conducted in dogs at dietary
concentrations of 0, 22.5, 90 or 360 ppm.  The NOAEL = 0.73/0.82 (M/F)
mg/kg/day.  The LOAEL = 27.7/39.4 (M/F) mg/kg/day, based upon increased
absolute and relative kidney weights and histopathological changes in
the male kidney.

Carcinogenicity.  An 80 week mouse oncogenicity study was conducted at
dietary concentrations of 0, 10, 90, 800, or 1250 ppm.  The NOAEL =
1.4/1.5 (M/F) mg/kg/day.  The LOAEL = 12/14.5 (M/F) mg/kg/day, based
upon increased liver weights and hepatocellular vacuolation in both
sexes and increased kidney weights in males.  Treatment-related
increased incidences of combined benign and malignant liver tumors in
both sexes were observed.

>

<	6. Animal metabolism. The nature of tetraconazole residues is
adequately understood.  Tetraconazole is extensively metabolized very
quickly and eliminated from the body by fecal and urinary routes.>

<	7. Metabolite toxicology. 1,2-4-Triazole is the major metabolite
identified in urine and feces with minor amounts of triazole acid and
alcohol.  The most conservative toxicology endpoint for 1,2,4-triazole
is 15 mg/kg/day, based on body weight decreases in male rats in the
reproductive study.>

<	8. Endocrine disruption. Tetraconazole did not have effects on
endocrine organs or tissues, nor were there any indications of effects
on fetal development in either rats or rabbits, or on reproductive
performance in rats.  Therefore, at doses likely to be encountered,
tetraconazole in not likely to be an endocrine disruptor.>

<C. Aggregate Exposure>

<	1. Dietary exposure. (food and drinking water combined):

a. Acute risk: Using 100% crop treated, all existing RAC tolerances plus
the presently proposed Small fruit vine climbing subgroup 13-07F and
Low growing berry subgroup 13-07G RAC tolerance for residue exposure
assumptions; the acute dietary exposure from food and water to
tetraconazole will occupy < 1.0% of the aPAD for the population group
(females 13 to 49 years old) receiving the greatest exposure.  No acute
toxicity endpoint was identified for the remaining population subgroups.

b. Chronic risk: Using 100% crop treated for all food commodities,
incorporated empirical processing factors, average field trial residues
for all crops, and average residues in meat and meat by-products derived
from feeding studies; the exposure to tetraconazole from food and water
will utilize 7.7% of the cPAD for the population group all infants < 1
year old (the most sensitive subpopulation).

c. Cancer risk:  Using projected percent crop treated estimates for all
crops, empirical processing factors plus average field trial residues
for all crops, and average residues in meat and meat by-products derived
from feeding studies; the estimated cancer risk for the proposed use of
tetraconazole on small fruit vine climbing subgroup 13-07F, low growing
berry subgroup 13-07G, peanuts, pecans, soybeans, sugar beet and water
is 3x10-6.  This aggregate risk is the sum of the risk from food and
water and falls within the Agency's acceptable risk standard for cancer.

>

<	i. Food.  As discussed above>

<	ii. Drinking water. As discussed above.>

<	2. Non-dietary exposure. Tetraconazole is currently not registered for
use on any residential non-food site.  Therefore, residential exposure
to tetraconazole residues will be through dietary exposure only.>

<D. Cumulative Effects>

<	EPA has not made a common mechanism of toxicity finding as to
tetraconazole and any other substance.  However, the Agency does have
concern about potential toxicity to 1,2,4-triazole and two conjugates,
triazolylalanine and triazolyl acetic acid.  To support the extension of
existing parent triazole-derivative fungicide tolerances, EPA conduced
an interim human health assessment for aggregate exposure to
1,2,4-triazole.   Based on this assessment EPA concluded that for all
exposure durations and population subgroups, aggregate exposures to
1,2,4-triazole are not expected to exceed its level of concern.>

<E. Safety Determination>

<	1. U.S. population. Based on the exposure assumptions described above
and on the completeness of the toxicology database, it can be concluded
that total aggregate exposure from food and water to the U.S. population
and all evaluated population subgroups from tetraconazole exposure from
all proposed uses will be below 100% of the RfDs.  EPA generally has no
concerns for estimated exposures below 100% of the RfD, since the RfD
represents the level at or below which daily aggregate exposure will not
pose an appreciable risk to human health.  Thus, ISAGRO believes it can
be concluded that there is reasonable certainty that no harm will result
from aggregate exposure to tetraconazole residues for the registered and
proposed uses on grape.>

<	2. Infants and children. In assessing the potential for additional
sensitivity of infants and children to residues of tetraconazole, the
data from developmental toxicity studies in both the rat and rabbit and
a two generation reproduction study in rats have been considered.  These
toxicity studies indicate the offspring are not more sensitive and all
developmental and reproductive effects were secondary to severe maternal
toxicity. Thus, ISAGRO believes that infants and children are protected
and that an additional uncertainty factor for infants and children is
not warranted.>

<F. International Tolerances>

<	Maximum residue levels (MRL) have been established for tetraconazole
in the following countries (in ppm):

Belgium: sugar beet root, 0.05; wheat grain, 0.05; wheat straw, 2.0.

Brazil: apple, 0.4; banana, 0.2; coffee, 0.08; grape, 0.3; mango, 0.1;
soybean, 0.1.

France: apple, 0.2; barley grain, 0.02; grape, 0.2; wine, 0.01; sugar
beet root, 0.05; wheat grain, 0.02.

Italy: apple, 0.5; artichoke, 0.2; barley grain, 0.1; courgette, 0.2;
cucumber, 0.2; grape, 0.5; melon, 0.05; peach, 0.2; pear, 0.2; pepper,
0.2; tomato, 0.2, watermelon, 0.05; wheat grain, 0.05

Portugal: apple, 0.3; grape, 0.2; melon, 0.1; peach, 0.2; pear, 0.3;
strawberry, 0.2; sugar beet root, 0.05.

Spain: apple, 0.2; artichoke, 0.05; cucurbit fruit & edible peel, 0.2;
nectarine, 0.2; peach, 0.2; pear, 0.2; sugar beet leaves, 0.3; sugar
beet root; 0.05; tomato, 0.1.

United Kingdom: barley grain, 0.2; barley straw, 10; oat grain, 0.1; oat
straw, 2; wheat grain, 0.05; wheat straw, 5.

Czech Republic: apple, 0.5; grape, 0.05

Hungary: apple, 0.2; grape, 0.5; sugar beet root & leaves, 0.5; sugar
beet root, 0.1; wheat grain, 0.05; wheat straw, 3.

Poland: apple, 0.5; cereal grain, 0.05; cereal straw, 3; cucumber edible
peel, 0.2.

Japan: wheat, 0.05; barley; 0.2 other cereal grain, 0.1; sugar beet,
0.5; artichoke, 0.2; tomato, 1; cucumber, 0.5; pumpkin (including
squash), 1; oriental cucurbitaceous vegetables, 0.2; apple, 0.5,
Japanese pear, 0.5, pear, 0.5 quince, 0.5 peach, 0.3, nectarine, 0.2;
apricot, 0.2; Japanese plum (including prune); 0.2; cherry, 0.2;
strawberry, 2; watermelon, 0.2, melon, 0.2; makuwauri, 0.2; grape, 0.5;
tea, 20.

No CODEX maximum residue levels (MRL) have been established for residues
of tetraconazole on any crops at this time.>

 PAGE

 PAGE   6


[Federal Register: June 12, 2006 (Volume 71, Number 112)]
[Notices]
[Page 33730]
[DOCID:fr12jn06-46]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP00-445-011]

Alliance Pipeline L.P.; Notice of Negotiated Rates

June 6, 2006.
    Take notice that on June 1, 2006, Alliance Pipeline L.P. (Alliance)
tendered for filing to become part of its FERC Gas Tariff, Original
Volume No. 1, Sixth Revised Sheet No. 11, to become effective June 1,
2006.
    Alliance states that the filing is being made to reflect the
essential terms of a negotiated rate agreement with Powerex Corp. and
deleting the terminated negotiated rate contract with Calpine Energy
Services Canada Partnership.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-9101 Filed 6-9-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Rules and Regulations]
[Pages 11846-11848]
[FR Doc No: 2020-03648]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0106]
RIN 1625-AA00

Temporary Safety Zone, Blowfish Experiment; Juneau, AK

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 50-yard radius of USCG Station Juneau. The
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by a Navy test involving
remotely operated vehicles (ROVs) with a tethered cable which could
tangle in a boat's prop. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Southeast Alaska.

DATES: This rule is effective between 7:30 a.m. and 5 p.m. from
February 25, 2020, through February 29, 2020. For the purposes of
enforcement, actual notice will be used from February 19, 2020, through
February 28, 2020.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0106 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Jesse Collins, Sector Juneau Waterways Management
Division, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
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
ROV Remotely Operated Vehicle

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 immediate action is needed to
safeguard the boating public. It is impracticable to publish an NPRM
because immediate action is necessary to protect the public.
    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 because immediate action is needed to
protect the public and Navy assets from the potential safety hazards
associated with the operation.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Southeast
Alaska (COTP) has determined that potential hazards associated with the
Navy's operation starting February 25, 2020, will be a safety concern
for anyone within a 50-yard radius of USCG Station Juneau. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone while the Navy operation is in
effect.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8 a.m. on February 25,
2020 until 4 p.m. on February 29, 2020. The safety zone will cover all
navigable water within 50 yards of USCG Station Juneau. The duration of
the zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters while the Navy operation is in
effect. No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative.

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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration,

and time-of-day of the safety zone. Vessel traffic will be able to
safely transit around this safety zone, which would impact a small
designated area of the Gasineau Channel during a period of the year
when vessel traffic is normally low. Moreover, the Coast Guard would
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about
the zone, and the rule would allow vessels to seek permission to enter
the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 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 lasting 7 hours per day that will prohibit entry within 50
yards of USCG Station Juneau. 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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T17-0106 to read as follows:

Sec.  165.T17-0106  Safety Zone for Blowfish Experiment; Gastineau
Channel, Juneau, AK.

    (a) Location. The following area is a safety zone: The following
area is a safety zone: the waters in Juneau Harbor within a 50 yard
radius of the USCG Station Juneau pier located at 58[deg]17'57'' N,
134[deg]24'55'' W between 7:30 a.m. and 5:00 p.m. from February 25,
2020 through February 29, 2020.
    (b) Definitions. As used in this section:
    (1) Captain of the Port (COTP) means the Commander, U.S. Coast
Guard Sector Juneau.
    (2) Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Southeast Alaska to assist in enforcing the safety zone described
in paragraph (a) of this section.
    (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. All vessels underway within this
safety zone at the time it is activated are to depart the zone.
    (2) To seek permission to enter, contact the COTP or the COTP's

designated representative by telephone at<PHONE_NUMBER> or on Marine
Band Radio VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels
enforcing this section can be contacted on Marine Band Radio VHF-FM
channel 16 (156.8 MHz).
    (3) 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 officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
    (e) Enforcement. This safety zone may be enforced during the period
described in paragraph (f) of this section.
    (f) Enforcement period. This section may be enforced from 7:30 a.m.
on February 25, 2020, until 5 p.m. on February 29, 2020.

    Dated: February 19, 2020.
Stephen R. White,
Captain, U.S. Coast Guard, Captain of the Port Southeast Alaska.
[FR Doc. 2020-03648 Filed 2-26-20; 8:45 am]
 BILLING CODE 9110-04-P