[Federal Register Volume 83, Number 219 (Tuesday, November 13, 2018)]
[Notices]
[Pages 56384-56385]
[FR Doc No: 2018-24637]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84544; File No. SR-NYSE-2018-51]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Section 303A.00 of the Manual To Change the Threshold for
Qualifying as a Smaller Reporting Company To Qualify for Certain
Exemptions From the Compensation Committee Requirements

November 6, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on October 26, 2018, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Section 303A.00 of the NYSE Listed
Company Manual (the ``Manual'') to change the threshold for listed
companies to benefit from the exemptions from the NYSE compensation
committee requirements applicable to smaller reporting companies so
that all companies that qualify for smaller reporting company status
under the revised SEC definition will qualify for those exemptions.
    The proposed rule change is available on the Exchange's website at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The SEC recently adopted \4\ amendments to the definition of
``smaller reporting company'' set forth in Item 10(f)(1) of Regulation
S-K,\5\ Rule 12b-2 under the Act \6\ and Rule 405 under the Securities
Act of 1933.\7\ The amendments raise the smaller reporting company cap
from less than $75 million in public float to less than $250 million
and also include as smaller reporting companies issuers with less than
$100 million in annual revenues if they also have either no public
float or a public float that is less than $700 million. The amendments
became effective on September 10, 2018. The Exchange estimates that a
consequence of the SEC rule changes is that a significantly larger
number of its listed companies will qualify for smaller reporting
company status than was previously the case.
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    \4\ Release Nos. 33-10513 and 34-83550 (June 28, 2018); 83 FR
31992 (July 10. 2018).
    \5\ 17 CFR 229.10(F)(1).
    \6\ 17 CFR 240.12b-2.
    \7\ 17 CFR 230.405.
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    Smaller reporting companies are entitled to avail themselves of
certain exemptions from the NYSE's compensation committee
requirements.\8\ Section 303A.00 includes a provision describing the
period within which a company must comply with all applicable
compensation committee requirements after it ceases to be a smaller
reporting company.\9\ This provision currently states explicitly that a
smaller reporting company must have less than $75 million in public
float. In light of the recent changes to the SEC's rules with respect
to smaller reporting companies, the Exchange proposes to delete this
reference to the $75 million public float cap and revise the provision
to state simply that a smaller reporting company that fails to meet the
requirements for smaller reporting company status as of the last
business day of its second fiscal quarter will cease to be a smaller
reporting company as of the beginning of the following fiscal year. The
effect of this amendment will be to change the threshold for listed
companies to be eligible to benefit from the exemptions from the NYSE
compensation committee requirements applicable to smaller reporting
companies so that all companies that qualify for smaller reporting
company status under the revised SEC definition will qualify for those
exemptions.
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    \8\ Specifically, listed companies that satisfy the definition
of smaller reporting company are not required to comply with (i) the
enhanced requirements with respect to the independence of
compensation committee members set forth in Section 303A.02(a)(ii)
and the second paragraph of the Commentary to Section 303A.02(a) of
the Manual; or (ii) the requirements set forth under Section
303A.05(c)(iv) of the Manual with respect to the analysis of the
independence of any compensation consultant, legal counsel or other
adviser to the compensation committee. Listed smaller reporting
companies must comply with all other applicable Exchange corporate
governance requirements, including all other applicable compensation
committee requirements.
    \9\ Under the SEC rules set forth above with respect to smaller
reporting companies, a company tests its status as a smaller
reporting company on an annual basis at the end of its most recently
completed second fiscal quarter (the ``Smaller Reporting Company
Determination Date''). A smaller reporting company ceases to be a
smaller reporting company as of the beginning of the fiscal year
following the Smaller Reporting Company Determination Date. The
compensation committee of a company that has ceased to be a smaller
reporting company as of its Smaller Reporting Company Determination
Date [sic] must comply with Section 303A.05(c)(iv) as of six months
from the date it ceases to be a smaller reporting company and must
have: One member of its compensation committee that meets the
independence standard of Section 303A.02(a)(ii) and the second
paragraph of the commentary to Section 303A.02(a) within six months
of that date; a majority of directors on its compensation committee
meeting those requirements within nine months of that date; and a
compensation committee comprised solely of members that meet those
requirements within twelve months of that date.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\10\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \11\ in particular, in that it
is designed to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest
and is not designed to permit unfair

discrimination between customers, issuers, brokers, or dealers. As
noted above, the effect of the proposed rule change is to change the
threshold for listed companies to benefit from the exemptions from the
NYSE compensation committee requirements applicable to smaller
reporting companies so that all companies that qualify for smaller
reporting company status under the revised SEC definition will qualify
for those exemptions. Listed smaller reporting companies must comply
with all other applicable Exchange corporate governance requirements,
including all other applicable compensation committee requirements. The
Commission has already determined through its own rulemaking that the
revised thresholds for smaller reporting company status proposed in
this rule proposal are consistent with the goal of the Act to further
the protection of investors and the public interest \12\ and the
Exchange believes that its own proposal is consistent with Section
6(b)(5) of the Act for the same reasons.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
    \12\ See footnote 4, supra.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change
will not impose any burden competition as its sole purpose is to change
the threshold for listed companies to benefit from the exemptions from
the NYSE compensation committee requirements applicable to smaller
reporting companies so that all companies that qualify for smaller
reporting company status under the revised SEC definition will qualify
for those exemptions.

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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    \13\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \14\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \15\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \15\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSE-2018-51 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSE-2018-51. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2018-51, and should be submitted on
or before December 4, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-24637 Filed 11-9-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 200 (Friday, October 16, 2015)]
[Notices]
[Pages 62596-62598]
[FR Doc No: 2015-25727]

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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number USCG-2013-0363]

Deepwater Port License Application: Liberty Natural Gas LLC, Port
Ambrose Deepwater Port; Final Application Public Hearing and Final
Environmental Impact Statement

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Notice of availability; notice of public hearing; request for
comments.

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SUMMARY: The Maritime Administration (MARAD) and the U.S. Coast Guard
(USCG) announce: (1) The schedule and locations of public hearings; and
(2) the availability of the Final Environmental Impact Statement (FEIS)
for the Liberty Natural Gas LLC, Port Ambrose Liquefied Natural Gas
Deepwater Port license application for the importation of natural gas.
    The Port Ambrose application describes an offshore natural gas
deepwater port facility that would be located 16.1 nautical miles
southeast of Jones Beach, New York, 24.9 nautical miles east of Long
Branch, New Jersey, and 27.1 nautical miles from the entrance to New
York Harbor in a water depth of approximately 103 feet. The FEIS
complies with the Deepwater Port Act of 1974, as amended (33 U.S.C.
1501 et seq.) (DWPA) and the National Environmental Policy Act (NEPA)
(42 U.S.C. 4332(2)(C)), as implemented by the Council on Environmental
Quality regulations (40 CFR 1500 to 1508). MARAD and the USCG request
public comments on the FEIS and the application.
    Publication of this notice begins a 45-day comment period, requests
public participation in the process, provides information on how to
participate in the process and announces informational open houses and
public hearings in New York and New Jersey. Pursuant to the criteria
provided in the DWPA, both New Jersey and New York have been designated
as Adjacent Coastal States (ACS) for this application.
    Please note that this application is only for the construction and
operation of a deepwater port that could only be used as a natural gas
import facility. The considerable technical, operational and
environmental differences between import and export operations for
natural gas deepwater ports is such that any licensed deepwater port
facility that proposed to convert from import to export operations
would be required to submit a new license application (including
application fee) and conform to all licensing requirements and
regulations in effect at such time of application. In addition to
payment of the application fee, licensing requirements include, but are
not limited to, completion of an extensive environmental impact
assessment which would include public participation and a financial
responsibility review which would include public participation.

DATES: There will be a total of four public hearings held in connection
with the application and the FEIS; two public hearings will be held in
Long Beach, New York on November 2, 2015 and November 3, 2015, from
6:00 to 10:00 p.m.; and two public hearings will be held in Eatontown,
New Jersey on November 4, 2015 and November 5, 2015, from 6:00 to 10:00
p.m. Each public hearing will be preceded by an open house from 4:30 to
5:30 p.m. The public hearing may end later than the stated time,
depending on the number of persons wishing to speak. Additionally,
materials submitted in response to the request for comments must reach
the Docket Management Facility as detailed below, by close of business
Monday, November, 30, 2015, or 45 days after publication of this notice
in the Federal Register whichever is later.
    Federal and State agencies must also submit comments, recommended
conditions for licensing, or letters of no objection by Monday,
November 30, 2015, or 45 days after publication of this notice in the
Federal Register whichever is later. Also, within 45 days following the
final hearing, on or prior to December 21, 2015, the Governor of New
York and the Governor of New Jersey (ACS Governors) may approve,
disapprove, or notify MARAD of inconsistencies with State programs
relating to environmental protection, land and water use, and coastal
zone management for which MARAD may ensure consistency by placing
conditions on the license.
    MARAD must issue a Record of Decision (ROD) to approve, approve
with conditions, or deny the deepwater port license application, within
90 days following the final license hearing, on or prior to February 3,
2016.

ADDRESSES: The open houses and public hearings in Long Beach, New York
will be held at the Long Beach Hotel, 405 East Broadway, Long Beach,
New York, 11561; phone<PHONE_NUMBER>. Free street parking is available,
and the parking lot at the Long Island Railroad (LIRR) Long Beach Train
Station, near Park Place and Park Avenue is available from 5:00 p.m. to
5:00 a.m. The City of Long Beach operates local bus public
transportation services between the LIRR Long Beach Train Station and
the Long Beach Hotel. The open houses and public hearings in Eatontown,
New Jersey will be held at the Sheraton Eatontown Hotel, 6 Industrial
Way East, Eatontown, NJ 07724; phone<PHONE_NUMBER>. Free parking is
available on site at the hotel.
    The FEIS, license application, comments, supporting information and
other associated documentation are available for viewing at the Federal
Docket Management System (FDMS) Web site: http://www.regulations.gov
under docket number USCG-2013-0363. The FEIS is also available at the
following public libraries: Oceanside Library, 30 Davison Avenue,
Oceanside, NY 11572; phone<PHONE_NUMBER>; Long Beach Public Library, 111
W Park Ave, Long Beach, NY 11561; phone<PHONE_NUMBER>; Long Branch Free
Public Library, 328 Broadway, Long Branch, NJ 07740; phone 732-222-
3900; and Queens Library, 889-11 Merrick Blvd., Jamaica, NY 11432;
phone<PHONE_NUMBER>.
    Docket submissions for USCG-2013-0363 should be addressed to:
Department of Transportation, Docket Management Facility, West
Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590-0001.
    The Federal Docket Management Facility accepts hand-delivered
submissions and makes docket contents available for public inspection
and copying at this address between 9:00 a.m. and 5:00 p.m., Monday
through Friday, except Federal holidays. The Facility telephone number
is 202-366-

9329, fax number is<PHONE_NUMBER>, and the Web site for electronic
submissions to the FDMS or for electronic access to docket contents is
http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Roddy Bachman, U.S. Coast Guard,
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>or Ms. Yvette
M. Fields, Maritime Administration, telephone<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>For questions regarding the Docket, please call
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Hearing and Open House

    You are invited to learn about the proposed Port Ambrose Deepwater
Port at one of the above noticed informational open houses, and to
comment on the application and the environmental impact analysis
contained in the FEIS at any of the above public hearings or directly
to the docket. The open houses, public hearings and docket comments
will be used by MARAD to inform the Maritime Administrator's decision
making process, including the ROD and any conditions that may be placed
on a subsequent license to own, construct and operate a deepwater port.
    Speakers may register upon arrival (registration by proxy is not
authorized) and will be recognized in the following order: Elected
officials, public agencies, individuals or groups in the order in which
they registered. In order to accommodate all speakers, speaker time may
be limited, hearing hours may be extended, or both. Speakers'
transcribed remarks will be included in the public docket. Written
material may also be submitted for inclusion in the public docket.
Written material must include the author's name. We request attendees
respect the hearing procedures in order to ensure a constructive
hearing. Please do not bring signs or banners inside the hearing venue.
The presiding officer will use his/her discretion to conduct the
hearing in an orderly manner. In the interest of allowing all
interested parties to speak, and because all comments that are
received, both verbal and written, are included in the record and will
be considered by MARAD before making a licensing decision, it is not
necessary to sign up more than once to provide duplicate comments at
subsequent meetings.
    Public hearing locations are wheelchair-accessible. However,
attendees who require special assistance such as sign language
interpretation or other reasonable accommodation, please notify the
USCG at least five business days in advance. See FOR FURTHER
INFORMATION CONTACT. Include contact information as well as information
about specific needs.

Request for Comments

    We request public comments on the FEIS and the application. The
public hearing is not the only opportunity you have to comment. In
addition to, or in place of, attending a hearing, you may submit
comments to the Federal Docket Management Facility during the public
comment period. See DATES. We will consider all comments and material
received during the comment period.
    Submissions should include:
     Docket number USCG-2013-0363.
     Your name and address.
    Submit comments or material using only one of the following
methods:
     Electronic submission (preferred to expedite processing)
to the FDMS, http://www.regulations.gov.
     Fax, mail, or hand delivery to the Federal Docket
Management Facility. See ADDRESSES. Faxed or hand delivered submissions
must be unbound, no larger than 8\1/2\ by 11 inches, and suitable for
copying and electronic scanning. If you mail your submission and want
to confirm it reaches the Facility, include a stamped, self-addressed
postcard or envelope.
    Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to the FDMS Web site
(http://www.regulations.gov) and will include any personal information
you provide. Therefore, submitting this information makes it a public
record. See Privacy Act. You may view docket submissions at the
Department of Transportation Docket Management Facility or
electronically on the FDMS Web site. See ADDRESSES.

Background

    Information about deepwater ports, DWPA, other applicable statutes,
regulations governing deepwater port licensing, including the
application review process and the receipt of the current application
for the proposed Port Ambrose liquefied natural gas (LNG) deepwater
port was published in the Federal Register on June 14, 2013, 78 FR
36014. The ``Summary of the Application'' from that publication is
reprinted below for your convenience. The Notice of Intent to Prepare
an environmental impact statement (EIS) for the proposed action was
published in the Federal Register on June 24, 2013, (78 FR 37878), and
the Notice of Availability of the Draft EIS was published in the
Federal Register on December 16, 2014, (79 FR 74808). The FEIS,
application materials and associated comments and supporting
information are available on the docket.

Proposed Action and Alternatives

    USCG and MARAD are co-lead Federal agencies for the preparation of
the FEIS; MARAD is the Federal licensing agency (action agency). The
proposed action requiring environmental review is the Federal licensing
of the proposed deepwater port described in the ``Summary of the
Application'' below. The alternatives to licensing the proposed port
are: (1) Licensing with conditions (including conditions designed to
mitigate environmental impact) and (2) denying the application, which,
for purposes of environmental review, is the ``no-action'' alternative.
These alternatives are more fully discussed in the FEIS. You can
address any questions about the proposed action or the FEIS to USCG or
MARAD project managers identified in FOR FURTHER INFORMATION CONTACT.

Summary of the Application

    Liberty Natural Gas, LLC is proposing to construct, own and operate
a LNG deepwater port import facility, known as Port Ambrose, located in
the New York Bight. The Port Ambrose facility will be located at a
different proposed location and include a different design than the
previous deepwater port license application submitted by Liberty
Natural Gas, LLC in 2010. Port Ambrose would consist of two Submerged
Turret Loading Buoys (STL Buoys) in Federal waters 16.1 nautical miles
southeast of Jones Beach, New York, 24.9 nautical miles east of Long
Branch, New Jersey and 27.1 nautical miles from the entrance to New
York Harbor, in a water depth of approximately 103 feet.
    LNG would be delivered from purpose-built LNG regasification
vessels (LNGRVs), vaporized on site and delivered through the STL
Buoys, flexible riser/umbilical, subsea manifold and lateral pipelines
to a buried 18.8 nautical mile subsea mainline connecting to the
existing Transco Lower New York Bay Lateral in New York State waters
2.2 nautical miles southwest of Long Beach, New York and 13.1 nautical
miles east of Sandy Hook, New Jersey. The STL Buoys would be lowered to
rest on a landing pad when not in use and would also include a suction
anchor mooring array.
    STL Buoy 1 is located at Latitude: 40[deg]19'24.61'' N and
Longitude: 73[deg]25'45.33'' W. STL Buoy 2 is located at Latitude:
40[deg]20'09.26'' N and Longitude 73[deg]23'51.92'' W. The Port

components would fall in the following U.S. Outer Continental Shelf
(OCS) lease blocks:
    Buoy 1 (6708, 6709, 6758); Buoy 2 (6709); Lateral 1 (6708); Lateral
2 (6708, 6709); ``Y'' Assembly (6708); Mainline Pipeline (6708, 6658,
6657, 6607, 6606, 6556, 6555, 6554, 6504 and 6503).
    The 145,000 cubic meter LNGRVs would have onboard closed-loop
vaporization and metering and odorant capability. Each vessel would
have three vaporization units capable of maximum send-out of 750
million standard cubic feet per day (MMscfd) (maximum pipeline system
flow rate is 660 MMscfd with two buoys) with annual average expected to
be 400 MMscfd. The LNGRVs have been designed to use a ballast water
cooling system that will entirely re-circulate onboard the vessel
during Port operations, eliminating vessel discharges associated with
regasification while at the Port. Deliveries through Port Ambrose would
be focused during peak demand winter and summer months, and it is
anticipated that approximately 45 deliveries will occur each year.
    As proposed, the LNGRVs would access the port inbound from the
Hudson Canyon to Ambrose Traffic Lane and depart via the Ambrose to
Nantucket Traffic Lane. MARAD and USCG are aware that Port Ambrose
falls within the proposed area of interest for the Long Island--New
York City Offshore Wind Collaborative wind energy project. This project
has been acknowledged and considered in the cumulative impacts analysis
section of the FEIS based on currently available information. If
approved, the majority of the port and pipeline construction and
installation would occur in 2017, with commissioning estimated to be in
December 2018.
    In addition, pipelines and structures such as the STL Buoy moorings
will require permits under Section 404 of the Clean Water Act and
Section 10 of the Rivers and Harbors Act, which are administered by the
U.S. Army Corps of Engineers (USACE). Port Ambrose will also require
permits from the Environmental Protection Agency (EPA) pursuant to the
provisions of the Clean Air Act, as amended, and the Clean Water Act,
as amended.
    The new pipeline is included in the NEPA review as part of the
deepwater port application process. The EPA and the USACE, among
others, are cooperating agencies (40 CFR 1501.6) and have assisted in
development of the FEIS. See 40 CFR 1501.6. To the extent required,
each agency will incorporate the FEIS into their permitting processes.
Comments sent to the EPA or USACE will be incorporated in the USCG Port
Ambrose docket and considered under this notice to ensure consistency
with the NEPA Process.
    There have been some proposed project changes since the original
Port Ambrose application was submitted, which were set forth in the
Notice of Availability of the Draft EIS (DEIS). In summary, these
include: (1) The original Application proposed a plowed mainline
pipeline burial depth of three (3) feet to top of pipe. Pursuant to
USACE requirements, the mainline pipeline is now proposed to be plow-
buried to seven (7) feet (4 feet to top of pipe), and for approximately
three (3) miles within the Ambrose Anchorage Area, buried to 10 feet (7
feet to top of pipe). The pipeline within the Ambrose Anchorage Area
will then be backfilled and covered with three (3) feet of 8-inch rock
to a point. Once the rock has been placed, gravelly sand will be
deposited on top of the rock covered pipeline to restore the seabed to
near its original seafloor bottom elevation; (2) the originally
proposed impact driven mooring pile anchors are now proposed to be
suction anchors; (3) the original port construction and commissioning
was proposed to occur in 2015. This timetable has been amended to occur
in 2018 (assuming license is approved and issued). Should a license be
issued, the deepwater port would be designed, fabricated, constructed,
commissioned, maintained, inspected and operated in accordance with
applicable codes and standards.

Privacy Act

    The electronic form of all comments received into the FDMS can be
searched by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). The DOT Privacy Act Statement can be
viewed in the Federal Register published on April 11, 2000 (65 FR
19477).

    Authority:  The Deepwater Port Act of 1974, as amended, 33
U.S.C. 1501 et seq.; 49 CFR 1.93.
* * * * *

    Dated: October 5, 2015.

    By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2015-25727 Filed 10-15-15; 8:45 am]
 BILLING CODE 4910-81-P


[Federal Register Volume 86, Number 157 (Wednesday, August 18, 2021)]
[Notices]
[Pages 46240-46242]
[FR Doc No: 2021-17661]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2021-0146; FRL-8682-03-OCSPP]

Certain New Chemicals or Significant New Uses; Statements of
Findings for June 2021

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Toxic Substances Control Act (TSCA) requires EPA to
publish in the Federal Register a statement of its findings after its
review of certain TSCA notices when EPA makes a finding that a new
chemical substance or significant new use is not likely to present an
unreasonable risk of injury to health or the environment. Such
statements apply to premanufacture notices (PMNs), microbial commercial
activity notices (MCANs), and significant new use notices (SNUNs)
submitted to EPA under TSCA. This document presents statements of
findings made by EPA on such submissions during the period from June 1,
2021 to June 30, 2021.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Rebecca Edelstein, New Chemicals
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. As such, the
Agency has not attempted to describe the specific entities that this
action may apply to. Although others may be affected, this action
applies directly to the submitters of the PMNs addressed in this
action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPPT-2021-0146, is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics
Docket (OPPT Docket), Environmental Protection Agency Docket Center
(EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

II. What action is the Agency taking?

    This document lists the statements of findings made by EPA after
review of notices submitted under TSCA section 5(a) that certain new
chemical substances or significant new uses are not likely to present
an unreasonable risk of injury to health or the environment. This
document presents statements of findings made by EPA during the period
from June 1, 2021 to June 30, 2021.

III. What is the Agency's authority for taking this action?

    TSCA section 5(a)(3) requires EPA to review a TSCA section 5(a)
notice and

make one of the following specific findings:
     The chemical substance or significant new use presents an
unreasonable risk of injury to health or the environment;
     The information available to EPA is insufficient to permit
a reasoned evaluation of the health and environmental effects of the
chemical substance or significant new use;
     The information available to EPA is insufficient to permit
a reasoned evaluation of the health and environmental effects and the
chemical substance or significant new use may present an unreasonable
risk of injury to health or the environment;
     The chemical substance is or will be produced in
substantial quantities, and such substance either enters or may
reasonably be anticipated to enter the environment in substantial
quantities or there is or may be significant or substantial human
exposure to the substance; or
     The chemical substance or significant new use is not
likely to present an unreasonable risk of injury to health or the
environment.
    Unreasonable risk findings must be made without consideration of
costs or other non-risk factors, including an unreasonable risk to a
potentially exposed or susceptible subpopulation identified as relevant
under the conditions of use. The term ``conditions of use'' is defined
in TSCA section 3 to mean ``the circumstances, as determined by the
Administrator, under which a chemical substance is intended, known, or
reasonably foreseen to be manufactured, processed, distributed in
commerce, used, or disposed of.''
    EPA is required under TSCA section 5(g) to publish in the Federal
Register a statement of its findings after its review of a TSCA section
5(a) notice when EPA makes a finding that a new chemical substance or
significant new use is not likely to present an unreasonable risk of
injury to health or the environment. Such statements apply to PMNs,
MCANs, and SNUNs submitted to EPA under TSCA section 5.
    Anyone who plans to manufacture (which includes import) a new
chemical substance for a non-exempt commercial purpose and any
manufacturer or processor wishing to engage in a use of a chemical
substance designated by EPA as a significant new use must submit a
notice to EPA at least 90 days before commencing manufacture of the new
chemical substance or before engaging in the significant new use.
    The submitter of a notice to EPA for which EPA has made a finding
of ``not likely to present an unreasonable risk of injury to health or
the environment'' may commence manufacture of the chemical substance or
manufacture or processing for the significant new use notwithstanding
any remaining portion of the applicable review period.

IV. Statements of Administrator Findings Under TSCA Section 5(a)(3)(C)

    In this unit, EPA provides the following information (to the extent
that such information is not claimed as Confidential Business
Information (CBI)) on the PMNs, MCANs and SNUNs for which, during this
period, EPA has made findings under TSCA section 5(a)(3)(C) that the
new chemical substances or significant new uses are not likely to
present an unreasonable risk of injury to health or the environment:
     EPA case number assigned to the TSCA section 5(a) notice.
     Chemical identity (generic name if the specific name is
claimed as CBI).
     Website link to EPA's decision document describing the
basis of the ``not likely to present an unreasonable risk'' finding
made by EPA under TSCA section 5(a)(3)(C).

------------------------------------------------------------------------
          EPA case No.             Chemical identity     Website link
------------------------------------------------------------------------
J-21-0012.......................  Yeast that has      https://
                                   been stably         www.epa.gov/
                                   modified for the    system/files/
                                   production of an    documents/2021-07/
                                   agricultural        j-21-
                                   product (generic).  0012_determinatio
                                                       n_non-
                                                       cbi_final_1.pdf.
J-21-0013.......................  Yeast that has      https://
                                   been stably         www.epa.gov/
                                   modified for the    system/files/
                                   production of an    documents/2021-07/
                                   agricultural        j-21-
                                   product (generic).  0013_determinatio
                                                       n_non-
                                                       cbi_final.pdf.
P-21-0005.......................  Carbonmonocyclic    https://
                                   alkene polymer      www.epa.gov/
                                   with alkyl          system/files/
                                   alkenoate, alkyl    documents/2021-08/
                                   alkenoate, alkyl    p-21-
                                   alkenoate and       0005_determinatio
                                   polyalkyldiene      n_non-
                                   alkenoate.          cbi_final_2.pdf.
                                   (generic).
P-21-0078.......................  Phenol, polymer     https://
                                   with alkyl-         www.epa.gov/
                                   (alkylalkylenyl)c   system/files/
                                   yclohexene, mixed   documents/2021-07/
                                   dialkylcyclohexad   p-21-
                                   ienes, mixed        0078_determinatio
                                   alkyl-              n_non-
                                   (alkylalkylidene)   cbi_final_0.pdf.
                                   cyclohexenes and
                                   3,7,7-
                                   trimethylbicyclo[
                                   4.1.0]hept-3-ene
                                   (generic).
P-21-0095.......................  Alkene Homopolymer  https://
                                   Hydrogenated        www.epa.gov/
                                   (generic).          system/files/
                                                       documents/2021-07/
                                                       p-21-
                                                       0095_determinatio
                                                       n_non-
                                                       cbi_final_0.pdf.
P-21-0039, P-21-0040, P-21-0041.  (P-21-0039)         https://
                                   1,2,4,5-            www.epa.gov/
                                   Benzenetetracarbo   system/files/
                                   xamide,             documents/2021-07/
                                   N1,N2,N4,N5-        p-21-0039-
                                   tetrahexyl-;        0041_determinatio
                                   CASRN: 1142038-73-  n_non-
                                   0, (P-21-0040)      cbi_final.pdf.
                                   1,2,4,5-
                                   Benzenetetracarbo
                                   xamide,
                                   N1,N2,N4,N5-
                                   tetraoctyl-;
                                   CASRN: 1416081-40-
                                   7, (P-21-0041)
                                   1,2,4,5-
                                   Benzenetetracarbo
                                   xamide,
                                   N1,N2,N4,N5-
                                   tetradodecyl-;
                                   CASRN: 911127-84-
                                   9.
P-21-0103.......................  Urea, N-[3-[[(4-    https://
                                   methylphenyl)sulf   www.epa.gov/
                                   onyl]oxy]phenyl]-   system/files/
                                   N'-phenyl-          documents/2021-07/
                                   include; CASRN      p-21-
                                   2102522-55-2.       0103_determinatio
                                                       n_non-
                                                       cbi_final.pdf.
------------------------------------------------------------------------

    Authority: 15 U.S.C. 2601 et seq.

    Dated: August 10, 2021.
Madison Le,
Director, New Chemical Division, Office of Pollution Prevention and
Toxics.
[FR Doc. 2021-17661 Filed 8-17-21; 8:45 am]
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