[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Proposed Rules]
[Pages 50869-50872]
[FR Doc No: 2018-21883]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R05-RCRA-2017-0381; FRL-9985-15-Region 5]

Michigan: Proposed Authorization of State Hazardous Waste
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Michigan has applied to EPA for final authorization of changes
to its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). EPA has reviewed Michigan's application, and we
have determined that these changes satisfy all requirements needed to
quality for final authorization, and we are proposing to authorize the
State's changes. The EPA seeks public comment prior to taking final
action.

DATES: Comments on this proposed rule must be received by November 9,
2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R5-
RCRA-2017-0381 at www.regulations.gov. Follow the on-line instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from www.regulations.gov. The EPA may publish any comment
received to its public docket. Do not submit comments electronically
any information you consider to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Judith Greenberg, Region 5, RCRA/TSCA
Programs Section, RCRA Branch, Land and Chemicals Division, U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, LR-8J,
Chicago, Illinois 60604, phone number:<PHONE_NUMBER>, email:
[email protected].

SUPPLEMENTARY INFORMATION:

A. Why are revisions to state programs necessary?

    States that have received final authorization from EPA under RCRA
Section 3006(b) of RCRA, 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the federal program. As the federal program changes,
states must change their programs and request EPA to authorize the
changes. Changes to state programs may be necessary when federal or
state statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, states must change their programs
because of changes to EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 266, 268, 270, 273 and 279.

B. What decisions have we made in this rule?

    We have made a tentative decision that Michigan's application to
revise its authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we propose to grant
Michigan's final authorization to operate its hazardous waste program
with the changes described in the authorization application. Michigan
will have responsibility for permitting treatment, storage, and
disposal facilities (TSDFs) within its borders (except in Indian
Country) and for carrying out the aspects of the RCRA program described
in its program revision application, subject to the limitations of the
Hazardous and Solid Waste Amendments of 1984 (HSWA). New federal
requirements and prohibitions imposed by federal regulations that EPA
promulgates under the authority of HSWA take effect in authorized
states before they are authorized for the requirements. Thus, EPA will
implement those requirements and prohibitions in Michigan, including
issuing permits, until the State is granted authorization to do so.

C. What will be the effect if Michigan is authorized for these changes?

    If Michigan is authorized for these changes as described in
Michigan's authorization revision application, these changes will
become a part of the authorized state hazardous waste program, and
therefore will be federally enforceable. Michigan will continue to have
primary enforcement authority and responsibility for its state
hazardous waste program. EPA would retain its authorities under RCRA
sections 3007, 3008, 3013, and 7003, including its authority to:
     Conduct inspections which may include but are not limited
to requiring monitoring, tests, analyses and/or reports;
     Enforce RCRA requirements which may include, but are not
limited to, suspending, terminating, modifying and/or revoking permits;
and
     Take enforcement actions regardless of whether the State
has taken its own actions.
    This action, if approved, will not impose additional requirements
on the regulated community because the regulations for which Michigan
is requesting authorization are already effective under state law, and
will not be changed by the act of authorization.

D. What happens if EPA receives adverse comments on this action?

    If EPA receives adverse comments on this authorization, we will
address all public comments in a later Federal Register. You may not
have another opportunity to comment. If you want to comment on this
authorization, you must do so at this time.

E. What has Michigan previously been authorized for?

    Michigan initially received final authorization on October 16,
1986, effective October 30, 1986 (51 FR 36804-36805), to implement the
RCRA hazardous waste management program. We granted authorization for
changes to Michigan's program on November 24, 1989, effective January
23, 1990 (54 FR 48608); on January 24, 1991, effective June 24, 1991
(56 FR 18517); on October 1, 1993, effective November 30, 1993 (58 FR
51244); on January 13, 1995, effective January 13, 1995 (60 FR 3095);
on February 8, 1996, effective April 8, 1996 (61 FR 4742); on November
14, 1997, effective November 14, 1997 (62 FR 61775); on March 2, 1999,
effective June 1, 1999 (64 FR 10111); on July 31, 2002, effective July
31, 2002 (67 FR 49617); on March 9, 2006, effective March 9, 2006 (71
FR 12141); on January 7, 2008 (73 FR 1077), effective January 7, 2008;
on March 2, 2010, effective March 2, 2010 (75 FR 9345); and on August
28, 2015 (80 FR 52194).

F. What changes are we proposing with today's action?

    On March 2, 2018, Michigan submitted a final program revision
application, seeking authorization of changes in accordance with 40 CFR
271.21. EPA proposes to make a final determination that Michigan's
hazardous waste program revisions are equivalent to, consistent with,
and no

less stringent than the federal program, and therefore satisfy all of
the requirements necessary to qualify for final authorization.
Therefore, we are proposing to authorize, subject to receipt of written
comments that oppose this action, the following program changes:

             Michigan's Analogs to the Federal Requirements
------------------------------------------------------------------------
                                                      Analogous state
                                                      authority (MAC R
    Description of federal       Federal Register   299.* * *, effective
          requirement             date and page    April 5, 2017, unless
                                                    otherwise specified)
------------------------------------------------------------------------
Conditional Exclusions for      July 13, 2013, 78  9105(bb), 9107(y),
 Solvent Contaminated Wipes,     FR 46448.          9109(pp), and
 Checklist 229.                                     9204(1)(z) and
                                                    (2)(q).
Conditional Exclusion for       January 3, 2014,   9201(b), effective
 Carbon Dioxide (CO2) Streams    79 FR 350.         September 22, 1998,
 in Geologic Sequestration                          and 9204(13).
 Activities, Checklist 230.
Hazardous Waste Electronic      February 7, 2014,  9103(a), (b), (o),
 Manifest Rule, Checklist 231.   79 FR 7518.        and (ff),
                                                    9304(1)(c), (2), and
                                                    (6), 9409(1) and
                                                    (5); 9601(2)(c),
                                                    effective December
                                                    16, 2004, 9608,
                                                    9608(1), (6), (7),
                                                    and (9), and (12),
                                                    and 11003(1)(l), (m)
                                                    and (o).
Revisions to the Export         June 26, 2014, 79  9102(y), 9231(1)(f)
 Provisions of the Cathode Ray   FR 26220.          and (7), and
 Tube (CRT) Rule, Checklist                         11003(1)(i) and (j).
 232.
Revisions to the Definition of  January 13, 2015,  9202(7), (8), and
 Solid Waste Checklist 233A.     80 FR 1694.        (9), and
                                                    11003(1)(i).
Revisions to the Definition of  January 13, 2015,  9102(r), 9104(d),
 Solid Waste Checklist 233B.     80 FR 1694.        9232, 9232(1), and
                                                    9202.
Revisions to the Definition of  January 13, 2015,  9107(bb).
 Solid Waste Checklist 233C.     80 FR 1694.
Revisions to the Definition of  January 13, 2015,  9103(e), (s), and
 Solid Waste Checklist 233D2.    80 FR 1694.        (aa), 9104, 9105(b),
                                                    9107(b), 9108(h),
                                                    9202(1)(b) and (aa),
                                                    9204, 9204(1)(aa)
                                                    and (bb), 9202(6),
                                                    (7), and (9),
                                                    9234(1) and (2),
                                                    9519((5)(a)(ix) and
                                                    (x), and 11003(1)(i)
                                                    and (j).
Revisions to the Definition of  January 13, 2015,  9107(i),
 Solid Waste Checklist 233E.     80 FR 1694.        9202(1)(b)(iii) and
                                                    (1)(cc), 9233(1),
                                                    (2), (3), and (4),
                                                    and 11003(1)(j).
Response to Vacaturs of the     April 8, 2015, 80  9104(a), 9204(1)(l)
 Comparable Fuels Rule and the   FR 18777.          and (w), and 9230.
 Gasification Rule, Checklist
 234.
Disposal of Coal Combustion     April 17, 2015,    9204(2)(c), (d), and
 Residuals from Electric         80 FR 21302.       (e).
 Utilities, Checklist 235.
------------------------------------------------------------------------

                                   Table 2--Equivalent State-Initiated Changes
----------------------------------------------------------------------------------------------------------------
                                            Effective date(s) of
     State citation MAC R 299.* * *           state-initiated               Description of modification
                                                modification
----------------------------------------------------------------------------------------------------------------
9204(2)(h)(vii) and (x).................  April 5, 2017..........  A. The phrase ``including waste scrap leather
                                                                    from automotive seat design activities'' has
                                                                    been added to paragraph (vii) to clarify
                                                                    that such materials are included in the
                                                                    waste scrap leather from the leather tanning
                                                                    industry, the shoe manufacturing industry,
                                                                    and other leather product manufacturing
                                                                    industries category.
                                                                   A. Paragraph (x) has been added to include
                                                                    boiler chemical cleaning waste from electric
                                                                    utility boiler maintenance using water and
                                                                    tetra ammonium ethylene diamine tetra acetic
                                                                    aced (a.k.a. ammoniated EDTA) among the
                                                                    specific wastes that, if they meet the
                                                                    standards in subdivision (h), are not
                                                                    hazardous wastes for the purposes for Part
                                                                    111, Hazardous Waste Management, of
                                                                    Michigan's Natural Resources and
                                                                    Environmental Protection Act, 1994 PA 451,
                                                                    as amended, and its rules.
9206(3)(q)..............................  4/5/2017...............  The items considered textiles have been
                                                                    modified to reflect the new federal term
                                                                    ``wipes'' that the U.S. Environmental
                                                                    Protection Agency defined as part of the
                                                                    Solvent-Contaminated Wipes Rule.
9225....................................  4/5/2017...............  Table 205b has been modified to remove
                                                                    duplicate entry for nitrobenzene and add
                                                                    back in 1,3-Pentadiene, which is part of the
                                                                    Part 111 rules, but was inadvertently
                                                                    deleted from the printed copies of the
                                                                    rules.
9226....................................  4/5/2017...............  Certain state ``U'' wastes have been deleted
                                                                    from Table 205c.
9506, 9621, and 11001...................  4/5/2017...............  These rules have been revised to reflect
                                                                    updates to the ASTM standards.
9608(1).................................  4/5/2017...............  This subrule has been revised to clarify that
                                                                    if a facility receives a hazardous waste
                                                                    shipment from a conditionally exempt small
                                                                    quantity generator that is accompanied by a
                                                                    manifest, the facility is not required to
                                                                    submit a copy of that manifest to the
                                                                    director or his or her designee.
----------------------------------------------------------------------------------------------------------------

G. Which revised state rules are different from the federal rules?

    Michigan has excluded the non-delegable federal requirements at 40
CFR 268.5, 268.6, 268.42(b), 268.44, and 270.3. EPA will continue to
implement those requirements.
    Michigan has proposed additions to its Universal Wastes that will
add Antifreeze, Aerosol cans and Paint Wastes that are not already
regulated as hazardous waste. As such they are not regulated under the
RCRA subtitle C program by U.S. EPA, though Michigan

plans to regulate them under State law if those State additions go into
effect.
    Michigan's program is broader in scope than the federal program in
its adoption of 40 CFR 260.43 (2015) and 40 CFR 261.4(a)(24) (2015) at
MAC R 299.9232 and R 299.9204(1)(bb). Both of these regulations include
provisions from the 2015 Definition of Solid Waste (DSW) Rule that have
been vacated and replaced with the less stringent requirements of 40
CFR 260.43 (2008) and 40 CFR 261.4(a)(24) and (25) (2008) from the 2008
DSW Rule.''

H. Who handles permits after the final authorization takes effect?

    Michigan will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. EPA will continue
to administer any RCRA hazardous waste permits or portions of permits
which EPA issues prior to the effective date of the proposed
authorization until they expire or are terminated. We will not issue
any more new permits or new portions of permits for the provisions
listed in the Table above after the effective date of the
authorization. EPA will continue to implement and issue permits for
HSWA requirements for which Michigan is not yet authorized.

I. How does today's action affect Indian Country (18 U.S.C. 1151) in
Michigan?

    Michigan is not authorized to carry out its hazardous waste program
in Indian Country within the State, as defined in 18 U.S.C. 1151. This
includes:
    1. All lands within the exterior boundaries of Indian reservations
within the State of Michigan;
    2. Any land held in trust by the U.S. for an Indian tribe; and
    3. Any other land, whether on or off an Indian reservation that
qualifies as Indian Country.
    Therefore, authorizing Michigan for these revisions would not
affect Indian Country in Michigan. EPA would continue to implement and
administer the RCRA program in Indian Country. It is EPA's long-
standing position that the term ``Indian lands'' used in past Michigan
hazardous waste approvals is synonymous with the term ``Indian
Country.'' Washington Dep't of Ecology v. U.S. EPA, 752 F.2d 1465,
1467, n.1 (9th Cir. 1985). See 40 CFR 144.3 and 258.2.

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

    Codification is the process of placing a state's statutes and
regulations that comprise a state's authorized hazardous waste program
into the Code of Federal Regulations. We do this by referencing the
authorized state rules in 40 CFR part 272. Michigan's rules, up to and
including those revised October 19, 1991, have previously been codified
through incorporation-by-reference effective April 24, 1989 (54 FR
7421, February 21, 1989); as amended effective March 31, 1992 (57 FR
3724, January 31, 1992). We reserve the amendment of 40 CFR part 272,
subpart X, for the codification of Michigan's program changes until a
later date.

K. Statutory and Executive Order Reviews

    This proposed rule only authorizes hazardous waste requirements
pursuant to RCRA 3006 and imposes no requirements other than those
imposed by state law (see SUPPLEMENTARY INFORMATION, Section A. Why are
Revisions to State Programs Necessary?). Therefore, this rule complies
with applicable executive orders and statutory provisions as follows:

1. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulations and Regulatory Review

    The Office of Management and Budget has exempted this rule from its
review under Executive Orders 12866 (58 FR 51735, October 4, 1993) and
Executive Order 13563 (76 FR 3821, January 21, 2011).

2. Paperwork Reduction Act

    This proposed rule does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).

3. Regulatory Flexibility Act

    This proposed rule authorizes state requirements for the purpose of
RCRA 3006 and imposes no additional requirements beyond those required
by state law. Accordingly, I certify that this proposed rule will not
have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

4. Unfunded Mandates Reform Act

    Because this proposed rule approves pre-existing requirements under
state law and does not impose any additional enforceable duty beyond
that required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538).

5. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) does not apply
to this proposed rule because it will not have federalism implications
(i.e., substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government).

6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175 (65 FR 67249, November 9, 2000) does not
apply to this proposed rule because it will not have tribal
implications (i.e., substantial direct effects on one or more Indian
tribes, or 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).

7. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    This proposed rule is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant as
defined in Executive Order 12866 and because the EPA does not have
reason to believe the environmental health or safety risks addressed by
this action present a disproportionate risk to children.

8. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This proposed rule is not subject to Executive Order 13211 (66 FR
28355, May 22, 2001), because it is not a significant regulatory action
as defined in Executive Order 12866.

9. National Technology Transfer Advancement Act

    EPA approves state programs as long as they meet criteria required
by RCRA, so it would be inconsistent with applicable law for EPA, in
its review of a state program, to require the use of any particular
voluntary consensus standard in place of another standard that meets
the requirements of RCRA. Thus, the requirements of section 12(d) of
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) do not apply to this proposed rule.

10. Executive Order 12988

    As required by Section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this proposed rule, EPA has taken the
necessary steps to

eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct.

11. Executive Order 12630: Evaluation of Risk and Avoidance of
Unanticipated Takings

    EPA has complied with Executive Order 12630 (53 FR 8859, March 18,
1988) by examining the takings implications of this action in
accordance with the Attorney General's Supplemental Guidelines for the
Evaluation of Risk and Avoidance of Unanticipated Takings issued under
the executive order.

12. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low Income Populations

    Because this rulemaking proposes authorization of pre-existing
state rules and imposes no additional requirements beyond those imposed
by state law and there are no anticipated significant adverse human
health or environmental effects, the proposed rule is not subject to
Executive Order 12898 (59 FR 7629, February 16, 1994).

13. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is not an Executive Order 13771 (82 FR 9339, February
3, 2017) regulatory action because actions such as today's final
authorization of Michigan's revised hazardous waste management program
under RCRA are exempted under Executive Order 12866.

List of Subjects in 40 CFR Part 271

    Environmental Protection; Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indians-lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.

    Authority: 42 U.S.C. 6905, 6912(a), 6926, and 6939g.

    Dated: September 18, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018-21883 Filed 10-9-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 29 (Tuesday, February 16, 2021)]
[Notices]
[Pages 9501-9502]
[FR Doc No: 2021-03037]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1417-277]

Central Nebraska Public Power and Irrigation District; Notice of
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Amendment of Project Boundary.
    b. Project No: 1417-277.
    c. Date Filed: December 31, 2020.
    d. Applicant: Central Nebraska Public Power and Irrigation
District.
    e. Name of Project: Kingsley Dam Hydroelectric Project.
    f. Location: The project is located on the North Platte and Platte
Rivers in Garden, Keith, Lincoln, Dawson, and Gosper counties, in
south-central Nebraska.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mike Drain, Central Nebraska Public Power and
Irrigation District, P.O. Box 740, Holdrege, Nebraska 68949, (308) 995-
8601 or<EMAIL_ADDRESS>    i. FERC Contact: Jon Cofrancesco,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: March 11, 2021.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters,

without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and
contact information at the end of your comments. For assistance, please
contact FERC Online Support at<EMAIL_ADDRESS>(866) 208-
3676 (toll free), or<PHONE_NUMBER> (TTY). In lieu of electronic
filing, please send a paper copy. Submissions sent via the U.S. Postal
Service must be addressed to: Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington,
DC 20426. Submissions sent via any other carrier must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, Maryland 20852. The first page of any
filing should include docket numbers P-1417-277.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: Central Nebraska Public Power and
Irrigation District (CNPPID) filed a non-capacity amendment of license
application requesting Commission approval to modify the project
boundary for the Kingsley Dam Project based on the findings of its
final project boundary review report. CNPPID's request is based on its
analysis of the existing lands and shorelines around project reservoirs
to determine their need for project operation and other project
purposes, including public access for recreation. The proposed boundary
modification would add approximately 3,400 acres and remove
approximately 900 acres, resulting in a net increase of 2,500 acres of
additional lands to be included within the project boundary.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE, Room 2A, Washington, DC
20426, or by calling<PHONE_NUMBER>. This filing may also be viewed on
the Commission's website at 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. You may also register
online at http://www.ferc.gov/docs-filing/esubscription.asp to be
notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above. Agencies may obtain copies of the application directly from
the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', ``MOTION TO
INTERVENE'', ``RECOMMENDATIONS'', or ``TERMS AND CONDITIONS'' as
applicable; (2) set forth in the heading the name of the applicant and
the project number of the application to which the filing responds; (3)
furnish the name, address, and telephone number of the person
commenting, protesting or intervening; and (4) otherwise comply with
the requirements of 18 CFR 385.2001 through 385.2005. All comments,
motions to intervene, or protests must set forth their evidentiary
basis. Any filing made by an intervenor must be accompanied by proof of
service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 385.2010.

    Dated: February 9, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-03037 Filed 2-12-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: December 14, 2005 (Volume 70, Number 239)]
[Notices]
[Page 74001-74003]
[DOCID:fr14de05-57]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Sunshine Act; Meetings

December 8, 2005.
    The following notice of meeting is published pursuant to section
3(a) of the government in the Sunshine Act (Pub. L. No. 94-409), 5
U.S.C. 552b:

Agency Holding Meeting: Federal Energy Regulatory Commission.

Date and Time: December 15, 2005, 10 a.m.

Place: Room 2C, 888 First Street, NE., Washington, DC 20426.

Status: Open.

Matters to be Considered: Agenda.
    * Note--Items listed on the agenda may be deleted
without further notice.

FOR FURTHER INFORMATION CONTACT: Magalie R. Salas, Secretary, Telephone
(202) 502-8400.
    For a recorded listing item stricken from or added to the meeting,
call<PHONE_NUMBER>.
    This is a list of matters to be considered by the Commission. It
does not include a listing of all papers relevant to the items on the
agenda; however, all public documents may be examined in the Public
Reference Room.

                                         898th--Meeting, Regular Meeting
                                          [December 15, 2005, 10 a.m.]
----------------------------------------------------------------------------------------------------------------
              Item No.                        Docket No.                              Company
----------------------------------------------------------------------------------------------------------------
                                              Administrative Agenda
----------------------------------------------------------------------------------------------------------------
A-1................................  AD02-1-000.................  Agency Administrative Matters
A-2................................  AD02-7-000.................  Customer Matters, Reliability, Security and
                                                                   Market Operations
A-3................................  AD06-3-000.................  Market Update
------------------------------------
                                      Markets, Tariffs, and Rates--Electric
----------------------------------------------------------------------------------------------------------------
E-1................................  RM04-12-000................  Accounting and Financial Reporting for Public
                                                                   Utilities including RTOs
E-2................................  OMITTED....................
E-3................................  ER05-1236-000..............  Duke Power
E-4................................  EC05-103-000...............  Duke Energy Corporation Cinergy Corp.
E-5................................  ER05-1235-000..............  MidAmerican Energy Company
E-6................................  EC05-110-000...............  MidAmerican Energy Holdings Company
                                                                  Scottish Power plc
                                                                  PacifiCorp Holdings, Inc.
                                                                  PacifiCorp
E-7................................  ER06-78-000................  PJM Interconnection, L.L.C.
                                     ER06-78-001................
E-8................................  ER06-43-000................  Commonwealth Edison Company and Exelon
                                                                   Generation Company
E-9................................  ER06-58-000................  California Independent System Operator
                                                                   Corporation
E-10...............................  ER06-61-000................  California Independent System Operator
                                                                   Corporation
E-11...............................  ER05-1249-000..............  Granite State Electric Company
                                     ER05-1249-001..............  Massachusetts Electric Company
                                                                  The Narragansett Electric Company

                                                                  Niagara Mohawk Power Corporation
                                                                  New England Power Company
E-12...............................  OMITTED....................
E-13...............................  OMITTED....................
E-14...............................  ER93-465-034...............  Florida Power & Light Company
                                     ER96-417-003...............
                                     ER96-1375-004..............
                                     OA96-39-011................
                                     OA97-245-004...............
E-15...............................  OMITTED....................
E-16...............................  ER05-1085-001..............  Midwest Independent Transmission System
                                                                   Operator
                                     ER04-458-008...............
E-17...............................  ER93-465-035...............  Florida Power & Light Company
                                     ER96-417-004...............
                                     ER96-1375-005..............
                                     OA96-39-012................
                                     OA97-245-005...............
E-18...............................  ER05-1168-000..............  Attala Transmission, L.L.C.
E-19...............................  ER05-1056-001..............  Chehalis Power Generating, L.P.
E-20...............................  OMITTED....................
E-21...............................  EC05-43-000................  Exelon Corporation and Public Service
                                                                   Enterprise
                                     EC05-43-001................  Group, Inc.
E-22...............................  ER05-666-003...............  Southwest Power Pool, Inc.
E-23...............................  OMITTED....................
E-24...............................  OMITTED....................
E-25...............................  OMITTED....................
E-26...............................  EC05-132-000...............  Nevada Power Company
                                                                  GenWest LLC
------------------------------------
                                   Markets, Tariffs, and Rates--Miscellaneous
----------------------------------------------------------------------------------------------------------------
M-1................................  RM05-35-000................  Standard of Review for Modifications to
                                                                   Jurisdictional Agreements
------------------------------------
                                        Markets, Tariffs, and Rates--Gas
----------------------------------------------------------------------------------------------------------------
G-1................................  PR05-19-000................  Unocal Keystone Gas Storage, LLC
G-2................................  OR92-8-024.................  SFPP, L.P.
                                     OR93-5-015.................
                                     OR94-3-014.................
                                     OR94-4-016.................
                                     OR95-5-013.................  Mobil Oil Corporation v. SFPP, L.P.
                                     OR95-34-012................  Tosco Corporation v. SFPP, L.P.
                                     OR96-2-010.................  ARCO Products Co. a Division of Atlantic
                                                                   Richfield
                                     OR96-2-011.................  Company, Texaco Refining and Marketing Inc.,
                                                                   and
                                     OR96-10-007................  Mobil Oil Corporation v. SFPP, L.P.
                                     OR96-10-009................
                                     OR98-1-009.................
                                     OR98-1-011.................
                                     OR00-4-002.................
                                     OR96-2-003.................  Ultramar Diamond Shamrock Corporation and
                                     OR96-2-010.................  Ultramar, Inc. v. SFPP, L.P.
                                     OR96-10-008................
                                     OR96-10-009................
                                     OR96-17-004................
                                     OR96-17-006................
                                     OR97-2-004.................
                                     OR97-2-005.................
                                     OR98-2-005.................
                                     OR98-2-007.................
                                     OR00-8-005.................
                                     OR00-8-007.................
                                     OR98-13-005................  Tosco Corporation v. SFPP, L.P.
                                     OR98-13-007................
                                     OR00-9-005.................
                                     OR00-9-007.................
                                     OR00-7-005.................  Navajo Refining Corporation v. SFPP, L.P.
                                     OR00-7-006.................
                                     OR00-10-005................  Refinery Holding Company
                                     OR00-10-006................
                                     S98-1-001..................  SFPP, L.P.
                                     IS98-1-002.................

                                     IS04-323-002...............
------------------------------------
                                             Energy Projects--Hydro
----------------------------------------------------------------------------------------------------------------
H-1................................  P-9401-064.................  Mt. Hope Waterpower Project, LLP
H-2................................  P-487-041..................  PPL Holtwood, LLC
H-3................................  P-12597-001................  Birch Power Company
                                     P-12598-001................
                                     P-12599-001................  Wade Jacobsen
H-4................................  P-2064-012.................  Flambeau Hydro, LLC
H-5................................  P-10395-031................  Electric Plant Board of the City of Augusta,
                                                                   Kentucky
------------------------------------
                                          Energy Projects--Certificates
----------------------------------------------------------------------------------------------------------------
C-1................................  RM05-23-000................  Rate Regulation of Certain Underground Storage
                                     AD04-11-000................  Facilities
C-2................................  CP05-416-000...............  Tennessee Gas Pipeline Company
----------------------------------------------------------------------------------------------------------------

Magalie R. Sales,
Secretary.

    A free Webcast of this event is available through http://www.ferc.gov.
 Anyone with Internet access who desires to view this

event can do so by navigating to http://www.ferc.gov's Calendar of

Events and locating this event in the Calendar. The event will contain
a link to its Webcast. The Capitol Connection provides technical
support for the free Webcasts. It also offers access to this event via
television in the DC area and via phone bridge for a fee. If you have
any questions, visit http://www.CapitolConnection.org or contact

Danelle Perkowski or David Reininger at<PHONE_NUMBER>.
    Immediately following the conclusion of the Commission Meeting, a
press briefing will be held in Hearing Room 2. Members of the public
may view this briefing in the Commission Meeting overflow room. This
statement is intended to notify the public that the press briefings
that follow Commission meetings may now be viewed remotely at
Commission headquarters, but will not be telecast through the Capitol
Connection service.

[FR Doc. 05-24048 Filed 12-9-05; 5:23 pm]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)]
[Proposed Rules]
[Pages 37554-37555]
[FR Doc No: 2017-16775]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6417; Product Identifier 2015-NM-134-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Proposed rule; withdrawal.

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

SUMMARY: The FAA withdraws a notice of proposed rulemaking (NPRM) that
published on May 10, 2016. Since the NPRM was issued, we have
determined that the identified unsafe condition is adequately addressed
by existing actions. Accordingly, the NPRM is withdrawn.

DATES:  As of August 11, 2017, the proposed rule, which was published
in the Federal Register on May 10, 2016 (81 FR 28770), is withdrawn.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6417; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD action, the NPRM (81 FR 28770, May 10, 2016) (``the
NPRM''), the regulatory evaluation, any comments received, and other
information. The address for the Docket Office (telephone<PHONE_NUMBER>)
is the Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Serj Harutunian, Aerospace Engineer,
Propulsion Section, FAA, Los Angeles Aircraft Certification Office
(ACO) Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone:
562-627-5254; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We proposed to amend part 39 of the Federal Aviation Regulations
(14 CFR part 39) with an NPRM for a new AD for all The Boeing Company
Model DC-10-10 and DC-10-10F airplanes, Model DC-10-15 airplanes, Model
DC-10-30 and DC-10-30F (KC-10A and KDC-10) airplanes, Model DC-10-40
and DC-10-40F airplanes, Model MD-10-10F and MD-10-30F airplanes, and
Model MD-11 and MD-11F airplanes. The NPRM published in the Federal
Register on May 10, 2016 (81 FR 28770). The proposed AD would have
required replacement of the fuel pump housing electrical connector or
replacement of the fuel pump housing; repetitive inspections for proper
operation of the fuel pump, and corrective actions if necessary; and
revising the maintenance or inspection program to incorporate new
airworthiness limitations. The proposed AD also would have required,
for certain airplanes, a general visual inspection of the protective
cap and replacement if necessary. The NPRM was prompted by results from
fuel system reviews conducted by the manufacturer and multiple reports
of fuel pump housing electrical connector failures related to ingress
of airplane fluids. The proposed actions were intended to prevent
failure of the fuel pump housing electrical connector, which could
result in a potential ignition source in a fuel tank and consequent
fire or explosion.

Actions Since the NPRM Was Issued

    Since we issued the NPRM, we have determined that the identified
unsafe condition is adequately addressed by existing actions.

Comments

    We gave the public the opportunity to participate in considering
the NPRM. The following presents the comments received on the proposal
and the FAA's response to each comment. Multiple commenters (Boeing,
FedEx, United Parcel Service (UPS), and Lufthansa Cargo) requested
certain changes to the NPRM that are considered moot in light of this
withdrawal.

Requests To Withdraw the NPRM

    UPS stated that the unsafe condition identified in the NPRM is
addressed by Boeing Service Bulletin MD11-28-145, dated July 15, 2014
(installation of sealed terminal lugs on the existing GEN 1 fuel pump
connector), in combination with repetitive inspections, which
accomplishes the same intent as having installed the GEN 4 fuel pump
connector. UPS stated that AD 2016-04-16, Amendment 39-18410 (81 FR
12806, dated March 11, 2016) (``AD 2016-04-16''), also addresses issues
with the fuel system. UPS concluded that sealing of the current GEN 1
fuel pump connector via Boeing Service Bulletin MD11-28-145, dated July
15, 2014, in conjunction with the installation of the fault current
detectors installed via Boeing Alert Service Bulletin MD11-28A133,
dated June 5, 2014 (referenced as an appropriate source of service
information in AD 2016-04-16), including a repetitive 24-month
inspection of the connectors as required by paragraph (j) of AD 2016-
04-16, addresses the unsafe condition described by the NPRM. UPS stated
that, furthermore, the installation of the ``uncommanded on'' system
via Boeing Service Bulletin MD11-28-137, dated June 24, 2014
(referenced as an appropriate source of service information in AD 2016-
04-16), provides an additional level of safety in all pump positions
where the tanks normally empty and can potentially support a
combustible environment. UPS stated that the other pump positions on
the airplane remain submerged in fuel, thus not providing a combustible
environment.
    FedEx stated that according to the fire pyramid or fire triangle,
three elements--oxygen, fuel (jet fuel), and heat (ignition)--are
needed in order to have fire or explosion. FedEx noted that all of the
main fuel pumps on MD11/DC10 airplanes are covered by fuel during all
flight phases. FedEx stated that these pumps do not meet the
aforementioned condition where fuel vapors are present surrounding the
pump. FedEx remarked that only pumps in fuel tanks that become empty
during flights, i.e., auxiliary tanks and tail tanks, should be
affected by the proposed AD. Based on this logic, FedEx concluded that
the proposed AD should mandate the replacement of only the connector
assemblies in any fuel tank that might normally be empty during flight.
FedEx noted that AD 2016-04-16 has already addressed this safety
concern and required the installation of fault current detectors in all
fuel pumps. FedEx also noted that AD 2002-13-10, Amendment 39-12798 (67
FR 45053, dated July 8, 2002), requires repetitive inspections until a
new connector assembly is certified.
    We infer that FedEx and UPS are requesting we withdraw the NRPM
because those commenters stated that the identified unsafe condition is
already addressed.
    We agree to withdraw the NPRM because the identified unsafe
condition is adequately addressed by existing actions. When we issued
the NPRM, we

had determined that the NPRM was necessary to comply with the
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Subsequently, we have determined the fuel pump connector redesign/
improvement issue is adequately addressed by the actions required by AD
2016-04-16. The risk of the unsafe condition developing during the
remaining life of the airplanes identified in the applicability of the
proposed AD (e.g., the TriJet fleet) has been greatly reduced by the
installation of additional ignition prevention design features such as
fault current detectors, automatic pump shutoff, and uncommanded dry
running detection systems, which are mandated by AD 2016-04-16. The
risk of a fuel tank explosion in a Trijet airplane with low
flammability exposure time fuel tanks is not foreseeable.
    We are considering further rulemaking to revise AD 2016-04-16 to
include an optional replacement, i.e., installing the new connectors
introduced in Boeing Service Bulletin DC10-28-264, dated May 15, 2015,
and Boeing Service Bulletin MD11-28-146, dated May 15, 2015, as
specified in the NPRM. Accomplishing this option would end the 24-month
repetitive inspections required by paragraph (j) of AD 2016-04-16 for
that airplane.

FAA's Conclusions

    Upon further consideration, we have determined that the NPRM is not
necessary to address the identified safety concern. Accordingly, the
NPRM is withdrawn.
    Withdrawal of the NPRM does not preclude the FAA from issuing
another related action or commit the FAA to any course of action in the
future.

Regulatory Impact

    Since this action only withdraws an NPRM, it is neither a proposed
nor a final rule and therefore is not covered under Executive Order
12866, the Regulatory Flexibility Act, or DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979).

Authority for This Rulemaking

    This withdrawal of an NPRM is issued in accordance with authority
delegated by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes to the Director of the System Oversight
Division.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Withdrawal

    Accordingly, we withdraw the NPRM, Docket No. FAA-2016-6417,
Product Identifier 2015-NM-134-AD, which was published in the Federal
Register on May 10, 2016 (81 FR 28770).

    Issued in Renton, Washington, on August 2, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-16775 Filed 8-10-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Notices]
[Page 5615]
[FR Doc No: 2017-01142]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a closed meeting on Thursday, January
19, 2017 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the closed meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or her designee, has
certified that, in her opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(7), (a)(9)(ii) and (a)(10), permit
consideration of the scheduled matter at the closed meeting.
    Chair White, as duty officer, voted to consider the items listed
for the closed meeting in closed session.
    The subject matter of the closed meeting will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed; please contact Brent J. Fields from
the Office of the Secretary at<PHONE_NUMBER>.

    Dated: January 12, 2017.
Brent J. Fields,
Secretary.
[FR Doc. 2017-01142 Filed 1-13-17; 11:15 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 79 (Wednesday, April 24, 2019)]
[Rules and Regulations]
[Pages 17083-17085]
[FR Doc No: 2019-08224]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-1084]
RIN 1625-AA00

Safety Zone; Cocos Lagoon, Merizo, GU

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within Cocos Lagoon. This safety zone will encompass
the designated swim course for the Cocos Crossing swim event in the
waters of Cocos Lagoon, Merizo, Guam. This action is necessary to
protect all persons and vessels participating in this marine event from
potential safety hazards associated with vessel traffic in the area.
Race participants, chase boats, and organizers of the event will be
exempt from the safety zone. Entry of persons or vessels into the
safety zone is prohibited unless authorized by the Captain of the Port
Guam (COTP).

DATES: This rule is effective from 7 a.m. through 1 p.m. on May 26,
2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-1084 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 Chief Petty Officer Todd Wheeler, Sector Guam, U.S. Coast
Guard, by telephone at<PHONE_NUMBER>, or email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The purpose of this rule is to ensure the safety of the
participants and the navigable waters in the safety zone before,
during, and after the scheduled swim event. In response, on March 8,
2019, the Coast Guard published an NPRM titled ``Safety Zone; Cocos
Lagoon, Merizo, GU'' (84 FR 8489). There we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
this safety zone. During the comment period that ended April 8, 2019,
we received no comments.

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 COTP has determined that
potential hazards associated with the event will be a safety concern.
The purpose of this rule is to protect all persons and vessels
participating in this event from potential safety hazards associated
with vessel traffic in the area.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published March
8, 2019. There is one change in the regulatory text of this rule from
the proposed rule in the NPRM. Paragraph (b), regarding enforcement
dates, has been updated to an enforcement date from 7 a.m. to 1 p.m. on
May 26, 2019 whereas the enforcement date in the NPRM was from 6 a.m.
to 1 p.m. on a specified day during either the last two weeks of May or
the first two weeks of June. This change was made after we received
notification of the exact date and time of the event. The date and time
are within the time frame listed in the NPRM.
    This rule establishes a safety zone from 7 a.m. until 1 p.m. on May
26, 2019. The safety zone will cover all navigable waters within 100-
yards radius of race participants in Cocos Lagoon, Guam. This
rulemaking would prohibit persons and vessels not involved in the event
from being in the safety zone unless authorized by 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 will
impact a small designated area of the Cocos Lagoon for 6 hours.
Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the zone, and the rule allows 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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    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
contact 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this 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 and Commandant Instruction M16475.1D, 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 6 hours that would prohibit entry within 100
yards of swim participants. 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. 01. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.

G. 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.

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. 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.T14-1084 to read as follows:

Sec.  165.T14-1084  Safety Zone; Cocos Lagoon, Merizo, GU.

    (a) Location. The following area, within the Guam Captain of the
Port (COTP) Zone (See 33 CFR 3.70-15), all navigable waters within a
100-yard radius of race participants in Cocos Lagoon, Merizo, Guam.
Race participants, chase boats and organizers

of the event will be exempt from the safety zone.
    (b) Enforcement dates. This section will be enforced from 7 a.m. to
1 p.m. on May 26, 2019.
    (c) Enforcement. All persons are required to comply with the
general regulations governing safety zones found in Sec.  165.23. Entry
into or remaining in this zone is prohibited unless authorized by the
Coast Guard Captain of the Port, Guam. Persons desiring to transit the
area of the safety zone must first request authorization from the
Captain of the Port Guam or his designated representative. To seek
permission to transit the area, the Captain of the Port Guam (COTP) and
his designated representatives can be contacted at telephone number
(671) 355-4821 or on Marine Band Radio, VHF-FM channel 16 (156.8 MHz).
Any Coast Guard commissioned, warrant, or petty officer, and any other
COTP representative permitted by law, may enforce this safety zone.
    (d) Waiver. The COTP may waive any of the requirements of this
section for any person, vessel, or class of vessel upon finding that
application of the safety zone is unnecessary or impractical for the
purpose of maritime security.
    (e) Penalties. Vessels or persons violating this section are
subject to the penalties set forth in 33 U.S.C. 1232.

    Dated: April 19, 2019.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2019-08224 Filed 4-23-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: December 8, 2006 (Volume 71, Number 236)]
[Notices]
[Page 71147]
[DOCID:fr08de06-61]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER07-74-000]

Caithness Long Island, LLC; Notice of Issuance of Order

November 30, 2006.
    Caithness Long Island, LLC (CLI) filed an application for market-
based rate authority, with an accompanying rate tariff. The proposed
market-based rate tariff provides for the sale of energy, capacity and
ancillary services at market-based rates. CLI also requested waivers of
various Commission regulations. In particular, CLI requested that the
Commission grant blanket approval under 18 CFR Part 34 of all future
issuances of securities and assumptions of liability by CLI.
    On November 28, 2006, pursuant to delegated authority, the
Director, Division of Tariffs and Market Development--West, granted the
request for blanket approval under Part 34. The Director's order also
stated that the Commission would publish a separate notice in the
Federal Register establishing a period of time for the filing of
protests. Accordingly, any person desiring to be heard or to protest
the blanket approval of issuances of securities or assumptions of
liability by CLI should file a motion to intervene or protest with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214
(2004).
    Notice is hereby given that the deadline for filing motions to
intervene or protest is December 28, 2006.
    Absent a request to be heard in opposition by the deadline above,
CLI is authorized to issue securities and assume obligations or
liabilities as a guarantor, indorser, surety, or otherwise in respect
of any security of another person; provided that such issuance or
assumption is for some lawful object within the corporate purposes of
CLI, compatible with the public interest, and is reasonably necessary
or appropriate for such purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of CLI's issuance of securities or assumptions of
liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the internet in lieu of paper. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Magalie R. Salas,
 Secretary.
 [FR Doc. E6-20811 Filed 12-7-06; 8:45 am]

BILLING CODE 6717-01-P