[Federal Register Volume 88, Number 18 (Friday, January 27, 2023)]
[Proposed Rules]
[Pages 5289-5291]
[FR Doc No: 2023-01705]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2023-0040]
RIN 1625-AA08

Special Local Regulation; Bonita Tideway, Brigantine, NJ

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary special
local regulation for navigable waters of the Bonita Tideway near
Brigantine, NJ. This action is needed to provide for the safety of life
on these navigable waters during a rowing regatta on April 1, 2023, and
April 2, 2023. This rulemaking prohibits persons and vessels from being
in the regulated areas during the enforcement period unless authorized
entry by the Captain of the Port (COTP), Delaware Bay, or a designated
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before February 27, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0040 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Dylan Caikowski, Waterways Management Division,
Sector Delaware Bay, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[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, Purpose, and Legal Basis

    On December 19, 2022, Stockton University notified the Coast Guard
that it will be hosting a collegiate rowing regatta amongst six
universities on April 1, 2023, and April 2, 2023. The rowing regatta
will be held in Bonita Tideway in Brigantine, NJ, between 34th Street
and Brigantine Boulevard and the Brigantine Yacht Club. The COTP has
determined that the rowing regatta could pose a risk to participants or
waterway users if normal vessel traffic were to interfere with the
event. Possible hazards include risks of participant injury or death
from near or actual collisions with non-participant vessels traversing
through the regulated area.
    The purpose of this rulemaking is to ensure the safety of
participants and waterway users within the designated rowing regatta
area before, during, and after the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70041.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a special local regulation from
4 p.m. on April 1, 2023, until 12:30 p.m. on April 2, 2023. The special
local regulation would be enforced from 4 p.m. to 6:30 p.m. on April 1,
2023, and from 8:30 a.m. to 12:30 p.m. on April 2, 2023. The regulated
area would cover all navigable waters of Bonita Tideway in Brigantine,
NJ, within a polygon bounded by the following: originating on the
northern portion at approximate position latitude 39[deg]24'33'' N,
longitude 074[deg]22'28'' W; thence southwest across the Bonita Tideway
to the shoreline to latitude 39[deg]24'22'' N, longitude
074[deg]22'49'' W; thence southwest along the shoreline to latititude
39[deg]23'49'' N, longitude 074[deg]23'33'' W; thence across the Bonita
Tideway to the shoreline at latitude 39[deg]23'43'' N, longitude
074[deg]23'33'' W; thence north along the shoreline to the point of
origin. The duration of the zone is intended to ensure the safety of
participants and waterway users before, during, and after the scheduled
rowing regatta. No vessel or person would be permitted to enter the
regulated area without obtaining permission from the COTP or a
designated representative. The regulatory text we are proposing appears
at the end of this document.

IV. 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 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. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size and
duration of the regulated area, which would impact a small designated
area of the Bonita Tideway. Vessels would be able to transit the
regulated area during the enforcement period as directed by the Event
Patrol Commander (PATCOM) or official patrol vessel.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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.
    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 proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. 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.

C. Collection of Information

    This proposed rule would 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 proposed 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 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email 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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have 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 a special
local regulation lasting only 7 hours over 2 days that will prohibit or
restrict entry within the regulated area during a rowing regatta.
Normally such actions are categorically excluded from further review
under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 1. A preliminary Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
    Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0040 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
    Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.T05-0040 to read as follows:

Sec.  100.T05-0040   Special Local Regulation; Bonita Tideway,
Brigantine, NJ.

    (a) Regulated area. All navigable waters of the Bonita Tideway in
Brigantine, NJ, within the polygon bounded by the following:
originating on the northern portion at approximate position latitude
39[deg]24'33'' N, longitude 074[deg]22'28'' W; thence southwest across
the Bonita Tideway to the shoreline to latitude 39[deg]24'22'' N,
longitude

074[deg]22'49'' W; thence southwest along the shoreline to latititude
39[deg]23'49'' N, longitude 074[deg]23'33'' W; thence across the Bonita
Tideway to the shoreline at latitude 39[deg]23'43'' N, longitude
074[deg]23'33'' W; thence north along the shoreline to the point of
origin.
    (b) Definitions. The following definitions apply to this section:
    Captain of the Port Representative or COTP Representative means a
commissioned, warrant, or petty officer of the Coast Guard designated
by name by the Captain of the Port to verify an event's compliance with
the conditions of its approved permit.
    Event Patrol Commander or Event PATCOM means any vessel assigned or
approved by the respective Captain of the Port with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign,
or any state or local law enforcement vessel approved by the Captain of
the Port in accordance with current local agreements.
    Non-participant means a person or a vessel not registered with the
event sponsor either as a participant or an official patrol vessel.
    Official patrol vessel or official patrol means any vessel assigned
or approved by the respective Captain of the Port with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign,
or any state or local law enforcement vessel approved by the Captain of
the Port in accordance with current local agreements.
    Participant means any person or vessel registered with the event
sponsor as participating in the event or otherwise designated by the
event sponsor as having a function tied to the event.
    (c) Patrol of the marine event. The COTP may assign one or more
official patrol vessels, as described in Sec.  100.40, to the regulated
event. The Event PATCOM will be designated to oversee the patrol. The
patrol vessel and the Event PATCOM may be contacted on VHF-FM Channel
16. The Event PATCOM may terminate the event, or the operation of any
vessel participating in the marine event, at any time if deemed
necessary for the protection of life or property.
    (d) Special local regulations--(1) Controls on vessel movement. The
Event PATCOM or official patrol vessel may forbid and control the
movement of all persons and vessels in the regulated area(s). When
hailed or signaled by an official patrol vessel, the person or vessel
being hailed must immediately comply with all directions given. Failure
to do so may result in expulsion from the area, citation for failure to
comply, or both.
    (2) Directions, instructions, and minimum speed necessary. (i) The
operator of a vessel in the regulated area must stop the vessel
immediately when directed to do so by an official patrol vessel and
then proceed only as directed.
    (ii) A person or vessel must comply with all instructions of the
Event PATCOM or official patrol vessel.
    (iii) A non-participant must contact the Event PATCOM or an
official patrol vessel to request permission to either enter or pass
through the regulated area. If permission is granted, the non-
participant may enter or pass directly through the regulated area as
instructed by the Event PATCOM or official patrol vessel at a minimum
speed necessary to maintain a safe course that minimizes wake and
without loitering.
    (3) Postponement or cancellation. The COTP, or Event PATCOM may
postpone or cancel a marine event at any time if, in the COTP's sole
discretion, the COTP determines that cancellation is necessary for the
protection of life or property.
    (e) Enforcement periods. This section is subject to enforcement
from 4 to 6:30 p.m. on April 1, 2023, and from 8:30 a.m. to 12:30 p.m.
on April 2, 2023.

    Dated: January 23, 2023.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2023-01705 Filed 1-26-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 129 (Friday, July 5, 2013)]
[Rules and Regulations]
[Pages 40396-40399]
[FR Doc No: 2013-16164]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0551]
RIN 1625-AA00

Safety Zone; America's Cup Safety Zone and No Loitering Area, San
Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone and no loitering
area in the navigable waters of the San Francisco Bay near Treasure
Island, CA in support of 2013 America's Cup races. This safety zone and
no loitering area are established to enhance the safety of spectators
and mariners near the north east corner of the America's Cup regulated
area. All persons or vessels are prohibited from entering the safety
zone and all persons or vessels are prohibited from anchoring or
otherwise loitering in the no loitering area during the scheduled races
without the permission of the Captain of the Port or their designated
representative.

DATES: This rule is effective from July 4, 2013, to September 22, 2013.
This rule will be enforced during all America's Cup races. A race
schedule can be found in the docket.

ADDRESSES: Documents mentioned in this preamble are part of Docket
Number USCG-2011-0551. To view documents mentioned in this preamble as
being available in the docket, go to http://www.regulations.gov, type
the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on
``Open Docket Folder'' on the line associated with this rulemaking. You
may also visit the Docket Management Facility in Room W12-140 on the
ground floor of the Department of Transportation West Building, 1200
New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade William Hawn, U.S. Coast Guard
Sector San Francisco; telephone<PHONE_NUMBER> or email at<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call the Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register

A. Regulatory History and Information

    On January 30, 2012, the Coast Guard published a notice of proposed
rulemaking (NPRM) proposing to regulate the on-water activities
associated with the ``America's Cup World Series'' regattas in 2012 and
the ``Louis Vuitton Cup,'' ``Red Bull Youth America's Cup,'' and
``America's Cup Finals Match'' scheduled to occur in July, August, and
September, 2013 (77 FR 04501). After reviewing all comments received in
response to the NPRM, the Coast Guard published a temporary final rule
on July 17, 2012, that created a special local regulation (SLR) and
safety zone, establishing regulated areas on the water to enhance
safety and maximize access to the affected waterways during the
America's Cup sailing events (77 FR 41902).
    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a)

of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' The Coast Guard is not issuing a notice of proposed
rulemaking because it is impracticable and contrary to the public
interest. The need for an expanded safety zone was not known at the
time the previous regulations were issued for this series of races.
Only after the Coast Guard learned that the racing vessels involved
were faster and more dangerous did the need for this safety zone arise.
The America's Cup races would occur before the rulemaking process would
be completed, and delaying the effective date of this rule to allow for
a comment period would be both impracticable and contrary to the public
interest because it would inhibit the Coast Guard's ability to protect
spectators and vessels from the hazards associated with a large
gathering of sailboats for a race. The safety zone and no loitering
area are necessary to provide for the safety of event participants,
spectators, and other vessels transiting the area. For the safety and
time concerns noted, it is in the public interest to have these
regulations in effect during the event.
    Under 5 U.S.C. 553(d)(3), for the same reasons noted earlier, the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register. A 30 day
delayed effective date is impracticable and contrary to the public
interest.

B. Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1,
6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1, which collectively authorize
the Coast Guard to establish safety zones.
    After further review of safety concerns, the Coast Guard has
decided to establish a safety zone and no loitering area in the
navigable waters of the San Francisco Bay near Treasure Island, CA in
support of 2013 America's Cup races to mitigate the dangers posed by
spectator congestion and the vessel's rapidly changing, unpredictable
course, high speed, and potential to capsize. Additionally, there have
been recent changes in the north east section of the America's Cup race
area.
    In the interest of time during the creation of the previous rules,
the enforcement protocols were developed prior to seeing the 72-foot
America's Cup racing vessels (AC72s) operate on the water in order to
provide the public ample notice of the activities associated with the
upcoming sailing races. Since the publication of the aforementioned
regulations, the Coast Guard has been able to observe the AC72s operate
on the water. During observation, the Coast Guard identified various
potential safety hazards for people and vessels operating in proximity
to the America's Cup racing vessels. The Coast Guard witnessed an AC72
capsize while executing race maneuvers in high-speed wind conditions
characteristic of San Francisco and noted safety concerns stemming from
the AC72's speed, size and unpredictable nature of maneuverability. On
June 4, 2013, the Coast Guard also had the opportunity to conduct a
tabletop exercise with America's Cup Race Management, the San Francisco
Marine Exchange, the San Francisco Bar Pilots, and various other
members of the maritime community to assess potential safety issues
relating to the 2013 America's Cup sailing regattas and discuss
measures for prevention and response. During this exercise, several
stakeholders raised the subject of the AC72's speed and unpredictable
maneuverability. Additionally, members of the deep-draft commercial
shipping community raised concerns pertaining to the anticipated
diminution of navigability of the shipping channel due to spectator
crowding and congestion associated with the viewing of the America's
Cup in vicinity of buoys ``1'' and ``2'', marking the deep water route
of the San Francisco Bay Regulated Navigation Area, 33 CFR 165.1181,
depicted on NOAA Chart 18650.

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone and a no loitering
area in the San Francisco Bay near Treasure Island, California during
America's Cup races in 2013 to enhance the safety of spectators and
create a predictable flow of traffic for mariners operating near the
America's Cup race course. This safety zone and no loitering area will
be effective throughout the duration of the America's Cup races
scheduled in 2013.
    The racecourse for the 2013 America's Cup sailing regattas will
require race participants to sail to the north east corner of the
regulated area, whereupon they will turn sharply south toward the
finish line. Due to the design of the racecourse and the dangers posed
by the America's Cup racing vessels conducting abrupt maneuvers in
close proximity to spectators, the Coast Guard is creating a safety
zone to provide a safety buffer at the north east corner of the
regulated area. The Coast Guard is also establishing a no loitering
area adjacent to the north east corner of the regulated area because of
the need to minimize congestion in the waters of the commercial
shipping channel adjacent to the America's Cup regulated area. This no
loitering area will create a predictable flow of traffic in waters
between Treasure Island and the regulated area for the America's Cup
races, thus mitigating the concerns brought forward by commercial
vessel operators.
    The Coast Guard will enforce the safety zone and no loitering area
during the scheduled America's Cup races in 2013. The safety zone will
encompass the navigable waters of the San Francisco Bay within a shape
bounded by the following coordinates: 37[deg]49[min]41[sec] N,
122[deg]24[min]17[sec] W; 37[deg]49[min]41[sec] N,
122[deg]24[min]07[sec] W; 37[deg]49[min]26[sec] N,
122[deg]23[min]51[sec] W; 37[deg]49[min]17[sec] N,
122[deg]23[min]51[sec] W; thence back to the point of origin (NAD 83)
and the no loitering area will encompass the navigable waters of the
San Francisco Bay within the a shape bounded by the following
coordinates: 37[deg]49[min]55[sec] N, 122[deg]24[min]33[sec] W;
37[deg]50[min]00[sec] N, 122[deg]23[min]47[sec] W;
37[deg]50[min]00[sec] N, 122[deg]23[min]00[sec] W;
37[deg]48[min]59[sec] N, 122[deg]22[min]19[sec] W;
37[deg]48[min]40[sec] N, 122[deg]22[min]40[sec] W;
37[deg]48[min]40[sec] N, 122[deg]23[min]10[sec] W; thence back to the
point of origin (NAD 83). At the conclusion of the scheduled races the
safety and no loitering area shall terminate.
    The effect of the safety zone and no loitering area will be to
provide a safety buffer to protect persons and vessels from oncoming
America's Cup racing vessels and to create a safe and predictable
transit area for mariners operating in close proximity to the America's
Cup regulated area. At the conclusion of the scheduled races, the
safety zone and no loitering area shall terminate. Except for persons
or vessels authorized by the Coast Guard Patrol Commander, no person or
vessel may enter or remain in safety zone. The no loitering area is
open to all traffic for transitory purposes only.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving

Regulation and Regulatory Review, and does not require an assessment of
potential costs and benefits under section 6(a)(3) of Executive Order
12866 or under section 1 of Executive Order 13563. The Office of
Management and Budget has not reviewed it under those Orders.
    We expect the economic impact of this rule does not rise to the
level of necessitating a full Regulatory Evaluation. The safety zone
and no loitering area are limited in duration, and are limited to a
narrowly tailored geographic area. In addition, although this rule
restricts access to a small section of the waters encompassed by the
safety zone, the effect of this rule will not be significant because
the local waterway users will have access to the no loitering area
during the event. The entities most likely to be affected are
waterfront facilities, commercial vessels, and pleasure craft engaged
in recreational activities.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during 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.
    This rule may affect owners and operators of waterfront facilities,
commercial vessels, and pleasure craft engaged in recreational
activities and sightseeing. This safety zone and no loitering area
would not have a significant economic impact on a substantial number of
small entities for the following reasons. This safety zone and no
loitering area would be activated, and thus subject to enforcement, for
a limited duration. When the safety zone and no loitering area are
activated, vessel traffic could pass safely around the safety zone and
through the no loitering area. The maritime public will be advised in
advance of this safety zone and no loitering area via Broadcast Notice
to Mariners.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it 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.

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have 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 of limited size and
duration. This rule is categorically excluded from further review under
paragraph 34(g) and 35(b) of Figure 2-1 of the Commandant Instruction.
An environmental analysis checklist supporting this determination and a

Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add temporary Sec.  165-T11-579 to read as follows:

Sec.  165-T11-579  Safety zone; America's Cup Safety Zone and No
Loitering Area, San Francisco, CA.

    (a) Location. This temporary safety zone is established for the
navigable waters of the San Francisco Bay near Treasure Island, CA as
depicted in National Oceanic and Atmospheric Administration (NOAA)
Chart 18650. The safety zone will encompass the navigable waters of the
San Francisco Bay within a shape bounded by the following coordinates:
37[deg]49'41'' N, 122[deg]24'17'' W; 37[deg]49'41'' N, 122[deg]24'07''
W; 37[deg]49'26'' N, 122[deg]23'51'' W; 37[deg]49'17'' N,
122[deg]23'51'' W; thence back to the point of origin (NAD 83). The no
loitering area will encompass the navigable waters of the San Francisco
Bay within a shape bounded by the following coordinates: 37[deg]49'55''
N, 122[deg]24'33'' W; 37[deg]50'00'' N, 122[deg]23'47'' W;
37[deg]50'00'' N, 122[deg]23'00'' W; 37[deg]48'59'' N, 122[deg]22'19''
W; 37[deg]48'40'' N, 122[deg]22'40'' W; 37[deg]48'40'' N,
122[deg]23'10'' W; thence back to the point of origin (NAD 83).
    (b) Enforcement Period. The zone described in paragraph (a) of this
section will be effective from July 4, 2013, to September 22, 2013 and
will be enforced during all scheduled America's Cup races in 2013. The
Captain of the Port San Francisco (COTP) will notify the maritime
community of periods during which this zone will be enforced via
Broadcast Notice to Mariners in accordance with 33 CFR 165.7 or via
actual notice on-scene.
    (c) Regulations. (1) The safety zone is closed to all persons and
vessels.
    (2) The no loitering area is open to all persons and vessels for
transitory use only.
    (3) Persons and vessels operating within the no loitering area may
not anchor or otherwise loiter.
    (4) Vessel operators desiring to anchor or otherwise loiter within
the no loitering area must contact Sector San Francisco Vessel Traffic
Service at<PHONE_NUMBER> or VHF Channel 14 to obtain permission.
    (5) All persons and vessels transiting through or operating within
the no loitering area must comply with all directions given to them by
the COTP or a designated representative.
    (6) The public can contact Sector San Francisco Bay at (415) 399-
3530 to obtain information concerning enforcement of this rule.
    (d) Enforcement. All persons and vessels must comply with the
instructions of the COTP or the designated on-scene patrol personnel.
Patrol personnel comprise commissioned, warrant, and petty officers of
the Coast Guard onboard Coast Guard, Coast Guard Auxiliary, local,
state, and federal law enforcement vessels. The U.S. Coast Guard may be
assisted in the patrol and enforcement of the safety zone by local law
enforcement as necessary. Upon being hailed by U.S. Coast Guard patrol
personnel by siren, radio, flashing light, or other means, the operator
of a vessel must proceed as directed.

    Dated: June 19, 2013.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2013-16164 Filed 7-3-13; 8:45 am]
BILLING CODE 9110-04-P


MEMORANDUM

To:		Docket EPA-HQ-OAR-2017-0483

From: 	Lisa Thompson, EPA

--------------------------------------------------------------------------------
Date: 	May 10, 2018
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
Subject:	Summary of the March 7, 2018, Meeting with API and the U.S. Environmental Protection Agency
--------------------------------------------------------------------------------

EPA staff (OAQPS, OAP) met with representatives from API on March 7, 2018, to discuss API's petition for reconsideration of the June 3, 2016, oil and natural gas sector NSPS (40 CFR part 60 subpart OOOOa).

Topics included:
 Fugitives monitoring frequency
 Third party equipment at well sites
 Applicability of fugitives requirements
 Alaska North Slope
 Modification at well sites and compressor stations
 Cold climate waivers
 Low production wells
 Professional engineering certification
 Closed vent system inspections
 Well completions
 Reporting and recordkeeping requirements

API attendees:
 Matt Todd, API
 Angela Zivkovich, Anadarko
 Grover Campbell, Devon Energy
 Shankar Ananthakrishna, Chevron
 Vanessa Ryan, Chevron
 Brad Morello, Shell
 Greg Johnston, Chesapeake
 Dana Wood, BP
 Wendy Gram, Marathon Oil
 Dennis Newman, Occidental
 Doug Jordan, Newfield
 Jake Fournier, Marathon
 Andy Woerner, ERM
 Denise Grubert, ERM
 Hilary Moffett, API

EPA attendees:
 Lisa Thompson
 Karen Marsh
 David Cozzie
 Gerri Garwood
 Jonathan Witt
 Ned Shappley
 Elizabeth Miller
 Jucilene Hoffmann
 Adam Eisele
 Melissa Weitz


[Federal Register Volume 85, Number 98 (Wednesday, May 20, 2020)]
[Notices]
[Pages 30761-30763]
[FR Doc No: 2020-10820]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88877; File No. SR-CBOE-2020-043]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
the Silexx Trading Platform Fees Schedule

May 14, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on May 1, 2020, Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe
Options'') filed with the Securities and Exchange Commission (the
``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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to amend the Silexx trading platform (``Silexx'' or the ``platform'')
Fees Schedule. The text of the proposed rule change is provided in
Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, 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 Exchange 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 these 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 aspects 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 purpose of this filing is to amend language within the Silexx
Fees Schedule to extend the end of the time period for a free upgrade
for users on Silexx Basic to Silexx Pro from April 30, 2020 through May
31, 2020.
    By way of background, the Silexx platform consists of a ``front-
end'' order entry and management trading platform (also referred to as
the ``Silexx terminal'') for listed stocks and options that supports
both simple and complex orders,\3\ and a ``back-end'' platform which
provides a connection to the infrastructure network. From the Silexx
platform (i.e., the collective front-end and back-end platform), a
Silexx user has the capability to send option orders to U.S. options
exchanges, send stock orders to U.S. stock exchanges (and other trading
centers), input parameters to control the size, timing, and other
variables of their trades, and also includes access to real-time
options and stock market data, as well as access to certain historical
data. The Silexx platform is designed so that a user may enter orders
into the platform to send to an executing broker (including Trading
Permit Holders (``TPHs'')) of its choice with connectivity to the
platform, which broker will then send the orders to Cboe Options (if
the broker is a TPH) or other U.S. exchanges (and trading centers) in
accordance with the user's instructions.\4\ The Silexx front-end and
back-end platforms are a software application that are installed
locally on a user's desktop. Silexx grants users licenses to use the
platform, and a firm or individual does not need to be a TPH to license
the platform. Use of Silexx is completely optional.
---------------------------------------------------------------------------

    \3\ The platform also permits users to submit orders for
commodity futures, commodity options and other non-security products
to be sent to designated contract markets, futures commission
merchants, introducing brokers or other applicable destinations of
the users' choice.
    \4\ Silexx does not allow users to send orders directly to the
Exchange or other market centers; however, an additional version of
the Silexx platform, Silexx FLEX, supports the trading of FLEX
Options and allows authorized Users with direct access to the
Exchange. See Securities Exchange Act Release No. 87028 (September
19, 2019) 84 FR 50529 (September 25, 2019) (SR-CBOE-2019-061).
---------------------------------------------------------------------------

Free Upgrade
    Silexx Basic is an order-entry and management system that provides
basic functionality including real-time data, alerts, trade reports,
views of exchange books, management of the customer's orders and
positions, simple and complex order tickets, and basic risk features.
Users are currently charged $200 per month per Login ID for Silexx
Basic. Silexx Pro offers the same functionality as the basic platform
plus additional features including an algorithmic order ticket,
position analysis, charting, earnings and dividend information, delta
hedging tools, volatility skews, and additional risk features. Prior to
March 13, 2020, Users were charged $400 per month per Login ID for
Silexx Pro. However on March 13, 2020, the Exchange introduced a free-
upgrade period for Users that are currently on Silexx Basic.\5\ This
upgrade has allowed users of Silexx Basic to use the functionality of
Silexx Pro from March 13, 2020 through April 30, 2020 at the current
Silexx Basic rate of $200 per month per Login ID.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act No. 88475 (March 25, 2020) 85 FR
17925 (March 31, 2020) (SR-CBOE-2020-018).
---------------------------------------------------------------------------

    The Exchange now proposes to extend the end of the period of the
free-upgrade to May 31, 2020. After this period ends, beginning June 1,
2020, those users who upgraded will be charged at the Silexx Pro rate
of $400 per month until they choose to downgrade. The Exchange notes
that the upgrade to Silexx Pro is optional.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\6\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \7\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, 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. Additionally,
the Exchange believes the proposed rule change is consistent with
Section 6(b)(4) of the Act,\8\ which requires that Exchange rules
provide for the equitable allocation of reasonable dues, fees, and
other charges among its Trading Permit Holders and other persons using
its facilities.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    In particular, the Exchange believes the proposed rule change is
reasonable, equitable, and not unfairly discriminatory because the free
upgrade will continue to apply to all current users of Silexx Basic who
wish to upgrade. Additionally, the free upgrade period will be limited
through May 31, 2020. Finally, the Exchange notes that use of the
platform, including the upgrade, is discretionary and not compulsory,
and users may downgrade or cancel their Login IDs with Silexx at any
time.

B. Self-Regulatory Organization's Statement on Burden on Competition

    Cboe Options 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 Exchange believes that
the proposed rule change will not impose any burden on intramarket
competition because the proposed rule change applies to all users of
Silexx. The Exchange notes that each version of Silexx is available to
all market participants, and users have discretion to determine which
version of the platform they register for based on functionality.
    The Exchange does not believe that the proposed rule change will
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act because the
proposed change applies only to Cboe Options. To the extent that the
proposed changes make Cboe Options a more attractive marketplace for
market participants at other exchanges, such market participants are
welcome to become Cboe Options market participants.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \9\ and paragraph (f) of Rule 19b-4 \10\
thereunder. At any time within 60 days of the filing of the 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 will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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_ADDRESS>Please include
File Number SR-CBOE-2020-043 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-CBOE-2020-043. 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 the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CBOE-2020-043 and should be submitted on
or before June 10, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-10820 Filed 5-19-20; 8:45 am]
 BILLING CODE 8011-01-P


Master Run 1 Time 100295B 0: 00: 00 0.512 0: 00: 20 0.512 0: 00: 40 0.512 0: 01: 00 0.512 0: 01: 20 0.512 0: 01: 40 0.512 0: 02: 00 0.512 0: 02: 20 0.512 0: 02: 40 0.512 0: 03: 00 8.356 0: 03: 20 22.511 0: 03: 40 34.619 0: 04: 00 31.208 0: 04: 20 31.208 0: 04: 40 40.076 0: 05: 00 51.501 0: 05: 20 50.819 0: 05: 40 50.308 0: 06: 00 41.952 0: 06: 20 43.486 0: 06: 40 51.331 0: 07: 00 52.354 0: 07: 20 48.943 0: 07: 40 50.308 0: 08: 00 42.463 0: 08: 20 46.897 0: 08: 40 47.920 0: 09: 00 45.021 0: 09: 20 47.920 0: 09: 40 46.897 0: 10: 00 49.455 0: 10: 20 52.695 0: 10: 40 56.788 0: 11: 00 52.695 0: 11: 20 54.230 0: 11: 40 53.718 0: 12: 00 56.276 0: 12: 20 61.222 0: 12: 40 56.276 0: 13: 00 58.152 0: 13: 20 57.641 Normalized Timeline Start Test Baseline to End Test Baseline Experimental Group Run # Data ID Green Shading Resin Application Time Red Shading End Resin Application Blue Shading Roll Out Time Red Shading End Roll Out No Shading Quiescent Stage Curing Time


[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Notices]
[Page 10489]
[FR Doc No: 2012-4023]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP12-378-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Request for Limited Waiver of Filing Date for Annual
Transportation Costs Rate Adjustment Filing of Columbia Gas
Transmission, LLC.
    Filed Date: 2/10/12.
    Accession Number: 20120210-5194.
    Comments Due: 5 p.m. ET 2/17/12.
    Docket Numbers: RP12-379-000.
    Applicants: Northern Natural Gas Company.
    Description: Northern Natural Gas Company submits for filing a
report of the penalty and daily delivery variance charge (DDVC)
revenues for the period November 1, 2010 through October 31, 2011 that
have been credited to Shippers.
    Filed Date: 2/13/12.
    Accession Number: 20120213-5030.
    Comments Due: 5 p.m. ET 2/27/12.
    Docket Numbers: RP12-380-000.
    Applicants: Dominion Transmission, Inc.
    Description: DTI--February 14, 2012 Negotiated Rate Agreements and
Nonconforming SA to be effective 3/1/2012.
    Filed Date: 2/14/12.
    Accession Number: 20120214-5053.
    Comments Due: 5 p.m. ET 2/27/12.
    Docket Numbers: RP12-382-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Transco Market Area Pooling Pro Forma Revisions to be
effective N/A.
    Filed Date: 2/14/12.
    Accession Number: 20120214-5144.
    Comments Due: 5 p.m. ET 2/27/12.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP11-1604-002.
    Applicants: KO Transmission Company.
    Description: Compliance Filing to be effective 11/1/2010.
    Filed Date: 2/14/12.
    Accession Number: 20120214-5032.
    Comments Due: 5 p.m. ET 2/27/12.
    Docket Numbers: RP11-76-003.
    Applicants: Bison Pipeline LLC.
    Description: Compliance to RP11-76 to be effective 1/14/2011.
    Filed Date: 2/14/12.
    Accession Number: 20120214-5048.
    Comments Due: 5 p.m. ET 2/27/12.
    Docket Number: CP09-418-001.
    Applicants: Perryville Gas Storage LLC.
    Description: Abbreviated for Amendment of Perryville Gas Storage
LLC.
    Filed Date: 01/26/2012.
    Accession Number: 20120126-5080.
    Comments Due: 5 p.m. ET 2/21/12.
    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5 p.m. Eastern time on the specified comment
date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, and service can be found at:
http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other
information, call<PHONE_NUMBER> (toll free). For TTY, call (202) 502-
8659.

    Dated: February 15, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-4023 Filed 2-21-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 18 (Monday, January 30, 2017)]
[Notices]
[Pages 8744-8745]
[FR Doc No: 2017-01908]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP17-32-000]

National Fuel Gas Supply Corporation; Notice of Request Under
Blanket Authorization

    Take notice that on January 13, 2017, National Fuel Gas Supply
Corporation (National Fuel) 6363 Main Street, Williamsville, New York
14221, filed in Docket No. CP17-32-000 and pursuant to Sections 157.205
and 157.216 of the Commission's regulations, a prior notice under its
blanket certificate issued in Docket No. CP83-4-000 that it intends to
abandon certain minor underground natural gas storage facilities, in
its Summit Storage Field, located in Erie County, Pennsylvania, all as
more fully set forth in the application, which is on file with the
Commission and open to public inspection. The filing may also be viewed
on the web 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. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    National Fuel proposes to plug and abandon Wells 1509, 1523, 1548,
1558, 1564, 1576, and 1578, all injection/withdrawal storage wells, and
abandon in place associated well lines S-W1509, S-W1523, S-W1548,
SW1558, S-W1564, S-W1576, and S-W1578. As stated in the appliation,
based on risk factors and the excessive cost to rehabilitate these
wells, the most prudent course of action is to plug and abandon them.
The proposed abandonment will not result in a

material decrease in service to customers.
    Any questions regarding this application should be directed to
Alice A. Curtiss, Deputy General Counsel for National Fuel, 6363 Main
Street, Williamsville, New York 14221, or call at<PHONE_NUMBER>.
    Any person may, within 60 days after the issuance of the instant
notice by the Commission, file pursuant to Rule 214 of the Commission's
Procedural Rules (18 CFR 385.214) a motion to intervene or notice of
intervention. Any person filing to intervene or the Commission's staff
may, pursuant to section 157.205 of the Commission's Regulations under
the Natural Gas Act (NGA) (18 CFR 157.205) file a protest to the
request. If no protest is filed within the time allowed therefore, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for protest. If a protest is filed and not
withdrawn within 30 days after the time allowed for filing a protest,
the instant request shall be treated as an application for
authorization pursuant to section 7 of the NGA.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenter's will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenter's will not be required to serve copies of filed
documents on all other parties. However, the non-party commentary, will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the internet in lieu of paper. See 18
CFR 385.2001(a) (1) (iii) and the instructions on the Commission's Web
site (www.ferc.gov) under the ``e-Filing'' link. Persons unable to file
electronically should submit original and 5 copies of the protest or
intervention to the Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426.

    Dated: January 23, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-01908 Filed 1-27-17; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: April 19, 2010 (Volume 75, Number 74)]
[Proposed Rules]
[Page 20321-20322]
[DOCID:fr19ap10-14]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-1220; Airspace Docket No. 09-ANM-30]

Proposed Amendment of Class E Airspace; Bozeman, MT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify Class E airspace at Gallatin
Field Airport, Bozeman, MT, to accommodate aircraft using a new VHF
Omni-Directional Radio Range (VOR) Standard Instrument Approach
Procedure (SIAP) at Gallatin Field Airport. This action would enhance
the safety and management of aircraft operations at the airport.

DATES: Comments must be received on or before June 3, 2010.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2009-
1220; Airspace Docket No. 09-ANM-30, at the beginning of your comments.
You may also submit comments through the Internet at http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue, SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA 2009-1220 and Airspace Docket No. 09-ANM-30) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2009-1220 and Airspace Docket No. 09-ANM-30.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue, SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 by modifying Class E airspace at Gallatin
Field Airport, Bozeman, MT. Additional controlled airspace designated
as an extension to a Class D surface area, and airspace extending
upward from 700 feet above the surface, is necessary to accommodate
aircraft using the new VOR SIAP's at Gallatin Field Airport, Bozeman,
MT. This action would enhance the safety and management of instrument
flight rules operations at the airport.
    Class E airspace designations are published in paragraph 6004 and
6005, respectively, of FAA Order 7400.9T, signed August 27, 2009, and
effective September 15, 2009, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designation listed in this document will
be published subsequently in this Order.
    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation: (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, section 106, describes
the authority for the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would modify controlled airspace at Gallatin Field Airport,
Bozeman, MT.

List of Subjects in 14 CFR Part 71

    Airspace, incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

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

    1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the FAA Order
7400.9T, Airspace Designations and Reporting Points, signed August 27,
2009, and effective September 15, 2009 is amended as follows:

Paragraph 6004--Class E airspace are as designated as an Extension
to a Class D surface area.

* * * * *

ANM MT E4 Bozeman, MT [Modified]

Bozeman, Gallatin Field Airport, MT
    (Lat. 45[deg]46'37'' N., long. 111[deg]09'07'' W.)

    That airspace extending upward from the surface within 3 miles
each side of the 316[deg] bearing of Gallatin Field Airport,
extending from the 4.4-mile radius of the airport to 14 miles
northwest of Gallatin Field Airport; and that airspace 2.4 miles
each side of the 212[deg] bearing of the Gallatin Field Airport,
extending from the 4.4-mile radius of the airport to 7 miles
northwest of Gallatin Field Airport.

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ANM MT E5 Bozeman, MT [Modified]

Bozeman, Gallatin Field Airport, MT
    (Lat. 45[deg]46'37'' N., long. 111[deg]09'07'' W.)

    That airspace extending upward from 700 feet above the surface
within a 13.5-mile radius of Gallatin Field Airport, and within 4.8
miles northeast and 13 miles southwest of the 316[deg] bearing of
the airport extending from the 13.5-mile radius to 24.4 miles
northwest of Gallatin Field Airport.

    Issued in Seattle, Washington, on April 7, 2010.
Robert E. Henry,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2010-8854 Filed 4-16-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: December 1, 2008 (Volume 73, Number 231)]
[Notices]
[Page 72788]
[DOCID:fr01de08-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-279-000]

Buffalo Ridge I LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

November 20, 2008.
    This is a supplemental notice in the above-referenced proceeding of
Buffalo Ridge I LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file 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 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is December 22, 2008.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-28299 Filed 11-28-08; 8:45 am]

BILLING CODE 6717-01-P