[Federal Register Volume 78, Number 83 (Tuesday, April 30, 2013)]
[Notices]
[Page 25262]
[FR Doc No: 2013-10133]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2232-581]

Duke Energy Carolinas, LLC; Notice of Availability of
Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969,
as amended, and the Federal Energy Regulatory Commission's (Commission)
regulations (18 CFR Part 380), Commission staff has reviewed plans,
filed April 2011, and supplemented February 14, 2012, to perform
embankment seismic stability improvement (ESSI) work at Linville Dam,
part of the Catawba-Wateree Hydroelectric Project's Bridgewater
Development, which is located on the Catawba River in McDowell and
Burke counties, North Carolina. The project is located in nine counties
in North Carolina and five counties in South Carolina.
    As planned by the project licensee, Duke Energy Carolinas, LLC
(Duke Energy), the ESSI work would involve the installation of a
counterweight stability berm against the downstream face of Linville
Dam. The ESSI work is necessary because it has been determined that
Linville Dam could fail during a seismic event (identified as an
earthquake of approximately magnitude 5.4). Accordingly, the Commission
is requiring remediation under Part 12 of its regulations. In the
environmental assessment (EA), Commission staff has analyzed the
probable environmental effects of the planned work and has concluded
that approval of the work, with appropriate environmental measures,
would not constitute a major Federal action significantly affecting the
quality of the human environment.
    A copy of the EA is available at the Commission's Public Reference
Room, located at 888 First Street NE., Room 2A, Washington, DC 20426.
The EA may also be viewed on the Commission's Web site at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket number (P-
2232) in the docket number field to access the document. For
assistance, contact FERC Online Support at<EMAIL_ADDRESS>or call toll-free at 1-866-208-3372, or for TTY,<PHONE_NUMBER>.

    Dated: April 23, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-10133 Filed 4-29-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 126 (Monday, July 1, 2013)]
[Notices]
[Page 39279]
[FR Doc No: 2013-15666]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2692-055]

Duke Energy Carolinas, LLC; 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: Shoreline Management Plan.
    b. Project No: 2692-055.
    c. Date Filed: December 6, 2012.
    d. Applicant: Duke Energy Carolinas, LLC.
    e. Name of Project: Nantahala Hydroelectric Project.
    f. Location: The Franklin Hydroelectric Project is located on the
Nantahala River in Clay and Macon counties, North Carolina.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Dennis Whitaker, Duke Energy--Lake Services,
526 S. Church St., Charlotte, NC, 28202,<PHONE_NUMBER>.
    i. FERC Contact: Mark Carter at<PHONE_NUMBER>, or email:
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: July 24, 2013.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site 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>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
Please include the project number (P-2692-055) on any comments,
motions, or recommendations filed.
    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: As required by article 408 of the
February 8, 2012 license, Duke Energy Carolinas, LLC requests
Commission approval of a proposed shoreline management plan (SMP) for
the project. The SMP defines shoreline management classifications for
the reservoir shoreline within the project boundary, identifies
allowable and prohibited uses within the shoreline areas, and describes
the shoreline use permitting process.
    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 Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field (P-2692) 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 (202) 502-
8659. 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'', or ``MOTION TO
INTERVENE'' 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: June 24, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-15666 Filed 6-28-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Proposed Rules]
[Pages 1795-1797]
[FR Doc No: 2013-00214]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-1075]
RIN 1625-AA00

Safety Zone, Change to Enforcement Period, Patapsco River,
Northwest and Inner Harbors; Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard is proposing a change to the enforcement
period of a safety zone regulation for the annual movement of the
historic sloop-of-war USS CONSTELLATION. This regulation applies to a
recurring event that takes place in Baltimore, MD. The safety zone
regulation is necessary to provide for the safety of life on navigable
waters during the event. This action is intended to restrict vessel
traffic in portions of the Patapsco River, Northwest Harbor and Inner
Harbor during the event.

DATES: Comments and related material must be received by the Coast
Guard on or before February 8, 2013.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald L. Houck, Sector Baltimore, Waterways
Management Division, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2012-1075] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2012-1075) in

the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on
the line associated with this rulemaking. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.

B. Basis and Purpose

    This rule involves the USS CONSTELLATION ``turn-around'' cruise, an
event that takes place in Baltimore, Maryland. A permanent safety zone
for this proposed rule, with an enforcement period from 2 p.m. through
7 p.m. local time annually on the Friday following Labor Day, has been
published and is detailed at Title 33 Code of Federal Regulations,
Section 165.512. Due however to a change in scheduling, future such
events are planned for the Thursday before Memorial Day (observed),
and, if necessary due to inclement weather, on the Thursday following
Memorial Day (observed). The event time and location remain unchanged.
    Historic Ships in Baltimore is planning to conduct its turn-around
ceremony involving the sloop-of-war USS CONSTELLATION in Baltimore,
Maryland on the Thursday before Memorial Day (observed). Planned events
include a three-hour, round-trip tow of the USS CONSTELLATION in the
Port of Baltimore, consisting of an onboard salute with navy pattern
cannon while the historic vessel is positioned off the Fort McHenry
National Monument and Historic Site. Beginning at 3 p.m., the historic
Sloop-of-War USS CONSTELLATION will be towed ``dead ship,'' which means
that the vessel will be underway without the benefit of mechanical or
sail propulsion. The return dead ship tow of the USS CONSTELLATION to
its berth in the Inner Harbor is expected to occur immediately upon
execution of a tug-assisted ``turn-around'' of the USS CONSTELLATION on
the Patapsco River near Fort McHenry. The Coast Guard anticipates a
large recreational boating fleet during this event, scheduled on a late
Thursday afternoon before the Memorial Day Holiday weekend in
Baltimore, Maryland. Operators should expect significant vessel
congestion along the planned route. In the event of inclement weather,
the ``turn-around'' will be rescheduled for the Thursday following
Memorial Day (observed).
    To address safety concerns during the event, the Captain of the
Port Baltimore proposes to change to the enforcement period of a safety
zone regulation for the annual movement of the historic sloop-of-war
USS CONSTELLATION, conducted upon certain waters of the Patapsco River,
Northwest Harbor and Inner Harbor. The proposed change to the
enforcement period of the safety zone will help the Coast Guard provide
a clear transit route for the participating vessels, and provide a
safety buffer around the participating vessels while they are in
transit. Due to the need to promote maritime safety and protect
participants and the boating public in the Port of Baltimore
immediately prior to, during, and after the scheduled event, the safety
zone is prudent.

C. Discussion of Proposed Rule

    The Coast Guard proposes to change the enforcement period of the
safety zone for a recurring event conducted in portions of the Patapsco
River, Northwest Harbor and Inner Harbor. This regulation applies to
the annual movement of the historic sloop-of-war USS CONSTELLATION
detailed at Title 33 Code of Federal Regulations, Section 165.512.
    Title 33 Code of Federal Regulations, Section 165.512, paragraph
(e), establishes the enforcement date for the USS CONSTELLATION ``turn-
around'' cruise event held in Baltimore, MD. This regulation does not
change the enforcement times for the event. The safety zone will be
enforced from 2 p.m. through 7 p.m. on the Thursday before Memorial Day
(observed), and, if necessary due to inclement weather, from 2 p.m.
through 7 p.m. on the Thursday following Memorial Day (observed), and
will restrict general navigation in the regulated area during the
event. Historic Ships in Baltimore, which is the sponsor for this
event, holds this event annually. Except for participants and vessels
authorized by the Coast Guard Captain of the Port Baltimore or the
designated on-scene patrol personnel, no person or vessel will be
allowed to enter or remain in the regulated area. This regulation is
needed to control vessel traffic during the event to enhance the safety
of participants, spectators and transiting vessels.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this safety
zone restricts vessel traffic through the affected area, the effect of
this regulation will not be significant due to the limited size and
duration that the regulated area will be in effect. In addition,
notifications will be made to the maritime community via marine
information broadcasts so mariners may adjust their plans accordingly.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities. This proposed rule would affect the following entities,
some of which might be small entities: the owners or operators of
vessels intending to operate or transit through or within the safety
zone during the enforcement period. Before the effective period,
maritime advisories will be widely available to the maritime community.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see

ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Revise paragraph (e) of Sec.  165.512 to read as follows:

Sec.  165.512  Safety Zone; Patapsco River, Northwest and Inner
Harbors, Baltimore, MD.

* * * * *
    (e) Enforcement period. This section will be enforced from 2 p.m.
through 7 p.m. on the Thursday before Memorial Day (observed), and, if
necessary due to inclement weather, from 2 p.m. through 7 p.m. on the
Thursday following Memorial Day (observed).
* * * * *

    Dated: December 20, 2012.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2013-00214 Filed 1-8-13; 8:45 am]
BILLING CODE 9110-04-P