[Federal Register Volume 79, Number 80 (Friday, April 25, 2014)]
[Proposed Rules]
[Pages 22919-22922]
[FR Doc No: 2014-09369]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0188]
RIN 1625-AA00

Safety Zone; Celebrate the Amboys Fireworks; Raritan Bay, Perth
Amboy, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the navigable waters of Raritan Bay in the vicinity of Perth Amboy,
NJ for a fireworks display. This temporary safety zone is necessary to
protect spectators and vessels from the hazards associated with
fireworks displays. This rule is intended to restrict all vessels from
a portion of Raritan Bay before, during, and immediately after the
fireworks event.

DATES: Comments and related material must be received by the Coast
Guard on or before May 27, 2014.
    Requests for public meetings must be received by the Coast Guard on
or before May 2, 2014.

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

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Kristopher Kesting, Sector New
York, Waterways Management, U.S. Coast Guard; Telephone<PHONE_NUMBER>,
E-Mail<EMAIL_ADDRESS>If you have questions on viewing
or submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

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

1. Submitting comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number (USCG-2014-0188) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2014-0188) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

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

4. Public Meeting

    We do not plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES on
or before May 2, 2014. Please explain why you believe a public meeting
would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.

B. Regulatory History and Information

    There is no prior Regulatory history for this proposed safety zone.

C. Basis and Purpose

    The legal basis for this temporary 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, and 160.5; Pub. L. 107-295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1 which collectively authorize
the Coast Guard to define regulatory safety zones.
    This proposed safety zone is necessary to ensure the safety of
spectators and vessels from hazards associated with the fireworks
display. Based on the inherent hazards associated with fireworks, the
Captain of the Port (COTP) New York has determined that fireworks
launches in close proximity to water crafts pose a significant risk to
public safety and property. The combination of increased number of
recreational vessels, congested waterways, darkness punctuated by
bright flashes of light, and debris especially burning debris falling
on passing or spectator vessels has the potential to result in serious
injuries or fatalities. The proposed temporary safety zone will
restrict vessel movement in the Raritan Bay around the location of the
fireworks launch platform before, during, and after the fireworks
display.

D. Discussion of Proposed Rule

    Garden State Fireworks is sponsoring a fireworks display for the
Celebrate the Amboys 4th of July Celebration on the navigable waters of
Raritan Bay in the vicinity of Perth Amboy, NJ. The proposed safety
zone is necessary to ensure the safety of spectators and vessels from
hazards associated with the fireworks display.
    The fireworks display will occur from approximately 9:15 p.m. until
approximately 9:45 p.m. on July 4, 2014. In order to coordinate the
safe movement of vessels within the area and to ensure that the area is
clear of unauthorized persons and vessels before, during, and
immediately after the fireworks launch, this zone will be effective
from approximately 8:45 p.m. until approximately 10:15 p.m. on July 4,
2014.
    The proposed safety zone will include all navigable waters of
Raritan Bay within a 360 yard radius around position 40[deg]29'16.8''
N, 074[deg]15'32.4'' W. Vessels will still be able to transit the
surrounding area and may be authorized to transit through the proposed
safety zone with the permission from the COTP. The COTP does not
anticipate any negative impact on vessel traffic due to this proposed
safety zone.
    The fireworks barge will also have a sign on its port and starboard
side labeled ``FIREWORKS--STAY AWAY.'' The sign will consist of 10''
high by 1.5'' wide red lettering on a white background.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The Coast Guard's enforcement of this proposed safety zone will be
of short duration, lasting only 90 minutes. The proposed safety zone
will restrict access to only a small portion of the navigable waterways
of Raritan Bay. Vessels will be able to navigate around the proposed
safety zone. Furthermore, vessels may be authorized to transit through
the proposed safety zone with the permission of the COTP.

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 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 will not have a significant economic impact on a
substantial number of small entities.
    This proposed rule will affect the following entities, some of
which may be small entities: The owners and operators of vessels
intending to transit or anchor in a small portion of the Raritan Bay
during the effective period.
    This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons: This
proposed rule would be in effect for only 90 minutes late at night when
vessel traffic is low. Vessel traffic could pass safely around the
safety zone. Before the effective period, the Coast Guard will issue
maritime advisories widely available to users of the waterway.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

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

compliance, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT, above. The Coast Guard will not retaliate against
small entities that question or complain about this proposed rule or
any policy or action of the Coast Guard.

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

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

List of Subjects in 33 CFR Part 165

    Marine safety, Navigation (water), Reporting and record keeping
requirements, waterways.

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREA

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

    Authority: 33 U.S.C. 1226, 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; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T01.0188 to read as follows:

Sec.  165.T01-0188  Safety Zone; Celebrate The Amboys Fireworks;
Raritan Bay, Perth Amboy, NJ.

    (a) Regulated Area. The following area is a temporary safety zone:
All navigable waters of Raritan Bay within a 360 yard radius around
position 40[deg]29'16.8'' N, 074[deg]15'32.4'' W
    (b) Effective Period. This rule will be effective from
approximately 8:45 p.m. to approximately 10:15 p.m. on July 4, 2014.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port New York
(COTP), to act on his or her behalf. A designated representative may be
on an official patrol vessel or may be on shore and will communicate
with vessels via VHF-FM radio or loudhailer. In addition, members of
the Coast Guard Auxiliary may be present to inform vessel operators of
this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
    (d) Regulations. (1) The general regulations contained in 33 CFR
165.23, as well as the following regulations, apply.
    (2) No vessels, except for fireworks barge and accompanying
vessels, will be allowed to transit the safety zone without the
permission of the COTP.
    (3) All persons and vessels shall comply with the instructions of
the COTP or a designated representative. Upon being hailed by a U.S.
Coast Guard vessel by siren, radio, flashing light or other means, the
operator of a vessel shall proceed as directed.

    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the COTP or a designated representative via VHF
channel 16 or<PHONE_NUMBER> (Sector New York command center) to obtain
permission to do so.

    Dated: April 4, 2014.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2014-09369 Filed 4-24-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 187 (Thursday, September 26, 2019)]
[Proposed Rules]
[Page 50804]
[FR Doc No: 2019-20931]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0034; Airspace Docket No. 19-ASW-1]
RIN 2120-AA66

Proposed Revocation of Class E Airspace; Alpine, TX: Withdrawal

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); withdrawal.

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SUMMARY: The FAA is withdrawing the NPRM published in the Federal
Register on August 12, 2019, to amend Class E airspace extending upward
from 700 feet above the surface at Alpine-Casparis Municipal Airport,
Alpine, TX.

DATES: As of September 26, 2019 the proposed rule published on August
12, 2019, at 84 FR 39784, is withdrawn.

FOR FURTHER INFORMATION CONTACT: Christopher Southerland, Federal
Aviation Administration, Operations Support Group, Central Service
Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817)
222-5900.

SUPPLEMENTARY INFORMATION:

History

    On August 12, 2019 (84 FR 39784), the FAA published in the Federal
Register an NPRM proposing to modify Class E airspace extending upward
from 700 feet above the surface at Alpine, TX, due to the
decommissioning of the Brewster County non-directional beacon (NDB).

FAA's Conclusions

    The NPRM is being withdrawn due to this being a duplicate of a
previous NPRM that was published in the Federal Register on February
20, 2019 (84 FR 5016).

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Withdrawal

0
Accordingly, pursuant to the authority delegated to me, the NPRM
published in the Federal Register on August 12, 2019 (84 FR 39784) [FR
Doc. 2019-0034] is hereby withdrawn.

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

    Issued in Fort Worth, Texas, on September 20, 2019.
Johanna Forkner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2019-20931 Filed 9-25-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: August 2, 2007 (Volume 72, Number 148)]
[Notices]
[Page 42405-42406]
[DOCID:fr02au07-83]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP07-422-000]

Leaf River Energy Center, LLC.; Notice of Application

July 26, 2007.
    Take notice that on July 24, 2007, Leaf River Energy Center, LLC.
(Leaf River), 61 Wilton Road, Westport, CT, 06880, filed in Docket No.
CP07-422-000, a petition for Exemption of Temporary Acts and Operations
from Certificate Requirements, pursuant to Rule 207(a)(5) of the
Commission's Rules of Practice and Procedure, and section 7(c)(1)(B) of
the Natural Gas Act, seeking approval of an exemption from certificate
requirements to perform temporary activities related to drilling three
test wells and performing other activities to assess the feasibility of
developing an underground natural gas storage facility in the New Home
Salt Dome in Smith County, Mississippi, all as more fully set forth in
the application which is on file with the Commission and open to public
inspection. This filing may also be viewed on the Commission's Web site
at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket

number, excluding the last three digits, in the docket number field to
access the document. For assistance, call<PHONE_NUMBER> or TTY, (202)
208-3676.
    Any questions regarding this application should be directed to
James F. Bowe, Jr., Dewey Ballantine, LLP., 975 F Street, NW.,
Washington, DC 20004, at<PHONE_NUMBER>, or by fax at<PHONE_NUMBER>,
or e-mail<EMAIL_ADDRESS>    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.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NW., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    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 commentors 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 commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors 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 in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should

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

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

(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
Comment Date: 5 pm Eastern Time on August 3, 2007.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-14959 Filed 8-1-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)]
[Notices]
[Page 62743]
[FR Doc No: 2016-21877]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2016-N-0628; FDA-2012-N-0306; FDA-2002-N-0323; FDA-
2012-N-0427; FDA-2012-N-0536; FDA-2012-N-0560; FDA-2015-N-3662; FDA-
2012-N-0976; FDA-2013-N-0297; FDA-2012-N-1203; FDA-2011-D-0893; FDA-
2014-N-0189; FDA-2012-N-1210]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approvals

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is publishing a list of
information collections that have been approved by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, Three White Flint North, 11601 Landsdown
St., North Bethesda, MD 20852<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The following is a list of FDA information
collections recently approved by OMB under section 3507 of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3507). The OMB control
number and expiration date of OMB approval for each information
collection are shown in table 1. Copies of the supporting statements
for the information collections are available on the Internet at http://www.reginfo.gov/public/do/PRAMain. An Agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.

        Table 1--List of Information Collections Approved by OMB
------------------------------------------------------------------------
                                            OMB control    Date approval
           Title of collection                  No.           expires
------------------------------------------------------------------------
Reporting Associated with New Animal           0910-0032       8/31/2019
 Drug Applications......................
Administrative Detention and Banned            0910-0114       8/31/2019
 Medical Devices........................
Registration of Food Facilities.........       0910-0502       8/31/2019
Inspection by Accredited Persons Program       0910-0510       8/31/2019
 Under the Medical Device User Fee and
 Modernization Act of 2002..............
Medical Device User Fee Cover Sheet--FDA       0910-0511       8/31/2019
 Form 3601..............................
Guidance on Informed Consent for in            0910-0582       8/31/2019
 Vitro Diagnostic Studies Using Leftover
 Human Specimens That Are Not
 Individually Identifiable..............
Guidance for Reagents for Detection of         0910-0584       8/31/2019
 Specific Novel Influenza A Viruses.....
Guidance: Emergency Use Authorization of       0910-0595       8/31/2019
 Medical Products.......................
Prevention of Salmonella Enteritidis in        0910-0660       8/31/2019
 Shell Eggs During Production--
 Recordkeeping and Registration
 Provisions.............................
Information to Accompany Humanitarian          0910-0661       8/31/2019
 Device Exemption Applications and
 Annual Distribution Number Reporting
 Requirements...........................
Guidance for Center for Devices and            0910-0738       8/31/2019
 Radiological Health Appeals Processes..
Deeming Tobacco Products To Be Subject         0910-0768       8/31/2019
 to the FD&C Act........................
Food Labeling: Revision of the Nutrition       0910-0813       7/31/2019
 Facts Label and Supplement Facts Label.
------------------------------------------------------------------------

    Dated: September 6, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-21877 Filed 9-9-16; 8:45 am]
 BILLING CODE 4164-01-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on July 3, 2002

   NOTICE OF ACTION TAKEN -- DOCKET OST-2002-12481

________________________________________________________________________
_________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of    US Airways, Inc.          filed    6/11/2002  for:

XX  Exemption under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail
between Washington, D.C., and Nassau, The Bahamas, for a period of two
years.

Applicant rep:   Joel Stephen Burton,<PHONE_NUMBER>   DOT Analyst:
Gerald Caolo,<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted

The above action was effective when taken:  July 3, 2002, through  July
3, 2004

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX  The authority granted is consistent with the U.S.-U.K. Air Services
Agreement of 1946, as amended, to which The Bahamas acceded upon its
independence.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  XX Holder’s
certificates of public convenience and necessity

	   XX  Standard exemption conditions (attached)

________________________________________________________________________
______________

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that

(1) our action was consistent with Department policy; (2) grant of the
exemption authority was consistent with the public interest; and (3)
grant of the authority would not constitute a major regulatory action
under the Energy Policy and Conservation Act of 1975.  To the extent not
granted, we denied all requests in the referenced Docket.  We may amend,
modify, or revoke the authority granted in this Notice at any time
without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

									APPENDIX

U.S. Carrier

Standard Exemption Conditions

In the conduct of operations authorized by the attached notice, the
applicant(s) shall:

	(1) Hold at all times effective operating authority from the government
of each

country served;

	(2) Comply with applicable requirements concerning oversales contained
in 14 CFR 250

(for scheduled operations, if authorized);

	(3) Comply with the requirements for reporting data contained in 14 CFR
241;

	(4) Comply with requirements for minimum insurance coverage, and for
certifying

that coverage to the Department, contained in 14 CFR 205;

	(5) Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6) Comply with the applicable requirements of the Federal Aviation
Administration Regulations and with all U.S. Government requirements
concerning security; and

	(7) Comply with such other reasonable terms, conditions, and
limitations required by

the public interest as may be prescribed by the Department of
Transportation, with all applicable orders and regulations of other U.S.
agencies and courts, and with all applicable laws of the

United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491.  On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule.  The Proposed Rule asks about a hundred different questions I might want to respond to.  I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited.  I have already spent many hours researching and dissecting these issues, but they take time.  I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it.  This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes.  They were the only choice that actually let me quit smoking.  I tried other ways, gum, patch, etc., but nothing worked until I started using e-cigs.  I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account.  I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past.   I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.


[Federal Register: October 16, 2007 (Volume 72, Number 199)]
[Rules and Regulations]
[Page 58542-58546]
[DOCID:fr16oc07-19]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 97

[EPA-R05-OAR-2007-0405; FRL-8477-6]

Approval of Implementation Plans; Wisconsin; Clean Air Interstate
Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is partially approving and partially disapproving a
revision to the Wisconsin State Implementation Plan (SIP) submitted on
June 19, 2007. The Wisconsin SIP revision was proposed for partial
approval and partial disapproval on July 30, 2007. No comments were
received during the comment period for the proposal. This revision
incorporates provisions related to the implementation of EPA's Clean
Air Interstate Rule (CAIR), promulgated on May 12, 2005, and
subsequently revised on April 28, 2006, and December 13, 2006, and the
CAIR Federal Implementation Plan (FIP) which concerns sulfur dioxide
(SO2), oxides of nitrogen (NOX) annual, and
NOX ozone season emissions for the State of Wisconsin,
promulgated on April 28, 2006, and subsequently revised December 13,
2006. EPA is not making any changes to the CAIR FIP, but is, to the
extent EPA approves Wisconsin's SIP revision, amending the appropriate
appendices in the CAIR FIP trading rules simply to note that approval.
    EPA is approving an abbreviated SIP revision that addresses the
methodology to be used to allocate annual and ozone season
NOX allowances under the CAIR FIP, except for allowances in
the compliance supplement pool. The portions of Wisconsin's submittal
(those associated with the compliance supplement pool and Superior
Environmental Performance) that EPA is disapproving are inconsistent
with CAIR and/or otherwise inappropriate to include in a CAIR SIP and
must, therefore, be disapproved.

DATES: This final rule is effective on October 16, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2007-0405. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index, some

information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at the

Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
Federal holidays. We recommend that you telephone Douglas Aburano,
Environmental Engineer, at<PHONE_NUMBER>, before visiting the Region 5
office.

FOR FURTHER INFORMATION CONTACT: Douglas Aburano, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. What Action Is EPA Taking?
II. Did Anyone Comment on the Proposed Partial Approval and Partial
Disapproval?
III. What Are the General Requirements of CAIR and the CAIR FIPs?
IV. Wisconsin's CAIR SIP Submittal
    A. Nature of Wisconsin's Submittal
    B. Summary of Wisconsin's Rules
    C. NOX Allowance Allocations
    D. Allocation of Allowances from the Compliance Supplement Pool
(CSP)
    E. Individual Opt-in Units
    F. Additional Provision Found in Wisconsin's Abbreviated CAIR
SIP Submittal
V. Correction of Typographical Error in Proposed Rule
VI. Final Action
VII. When Is This Action Effective?
VIII. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

CAIR SIP Partial Approval and Partial Disapproval

    EPA is partially approving and partially disapproving a revision to
Wisconsin's SIP, submitted on June 19, 2007, which modifies the
application of certain provisions of the CAIR FIP concerning
SO2, NOX annual and NOX ozone season
emissions. (As discussed below, this less comprehensive CAIR SIP is
termed an abbreviated SIP.) Wisconsin is subject to the CAIR FIP that
implements the CAIR requirements by requiring certain EGUs to
participate in the EPA-administered Federal CAIR SO2,
NOX annual, and NOX ozone season cap-and-trade
programs. The SIP revision provides a methodology for allocating
NOX allowances for the NOX annual and
NOX ozone season trading programs, instead of the Federal
allocation methodology otherwise provided in the FIP. Consistent with
the flexibility provided in the FIP, these provisions will be used to
replace or supplement, as appropriate, the corresponding provisions in
the CAIR FIP for Wisconsin. EPA is not making any changes to the CAIR
FIP, but is, to the extent EPA approves Wisconsin's SIP revision,
amending the appropriate appendices in the CAIR FIP trading rules
simply to note that approval.
    EPA is disapproving certain separable provisions of Wisconsin's
submittal. These provisions include NR 432.04 ``compliance supplement
pool'' and NR 432.08 ``superior environmental performance.'' NR 432.04
includes provisions that are inconsistent with CAIR. NR 432.08 would
allow sources to make voluntary reductions beyond state and Federal
requirements in exchange for regulatory flexibility.
    NR 432.04 contains the provisions Wisconsin has adopted for
distribution of the CSP. Consistent with the flexibility given to
states in the FIP, Wisconsin has chosen to modify the provisions of the
CAIR NOX annual FIP concerning the allocation of allowances
from the CSP. Wisconsin has chosen to distribute CSP allowances based
on early reduction credits or based on the need to avoid undue risk to
electric reliability. The first methodology based on early reduction
credits essentially mirrors the FIP's early reduction credit
methodology.
    The description in Wisconsin's rule of the second methodology based
on need is somewhat unclear. EPA interprets the provision to require a
demonstration that a unit cannot avoid undue risk to electric
reliability if it keeps its emissions in 2009 from exceeding its 2009
allowance allocation. Even if the unit could obtain additional
allowances to cover emissions above its allocation, and thereby comply
with the requirement to hold allowances covering emissions, the unit
would still be eligible for CSP allowances. In contrast, EPA's CSP
provisions in the model rule, the FIP, and CAIR require a demonstration
that, without being given CSP allowances, a unit cannot avoid undue
risk while keeping its 2009 emissions from exceeding all the allowances
it holds, both its 2009 allowance allocations and other allowances it
can obtain for compliance. Thus, Wisconsin's provision is inconsistent
with EPA's CSP provisions. Moreover, since Wisconsin's entire CSP

is available for units meeting either the early reduction credit or the
undue risk criteria, the early reduction credit and undue risk
provisions cannot be administered separately, and the Wisconsin CSP
must be administered by a single agency. Consequently, EPA is
disapproving all of Wisconsin's CSP provisions. This portion of
Wisconsin's SIP submittal is separable from the rest of the submittal
and can be disapproved without compromising the integrity of the
portions we are approving.
    NR 432.08 would grant regulatory flexibility to sources that
voluntarily reduce emissions beyond what is required under state and
Federal regulations. The scope of regulatory flexibility provided by NR
432.08 is ambiguous. To the extent this flexibility relates to state-
only regulatory requirements, the regulatory provisions are not
appropriately included in a SIP. To the extent this flexibility relates
to Federal requirements reflected in state regulations, this type of
flexibility is not allowed under CAIR, and it is inappropriate to
simply assume that other Federal requirements allow such flexibility.
Therefore, the regulatory flexibility provisions cannot be included in
Wisconsin's CAIR abbreviated SIP revision and cannot be approved.

II. Did Anyone Comment on the Proposed Partial Approval and Partial
Disapproval?

    No comments were received during the 30-day comment period on the
proposed partial approval and partial disapproval that was published on
July 30, 2007.

III. What Are the General Requirements of CAIR and the CAIR FIPs?

    CAIR establishes statewide emission budgets for SO2 and
NOX and is to be implemented in two phases. The first phase
of NOX reductions starts in 2009 and continues through 2014,
while the first phase of SO2 reductions starts in 2010 and
continues through 2014. The second phase of reductions for both
NOX and SO2 starts in 2015 and continues
thereafter. CAIR requires states to implement the budgets by either:
(1) Requiring EGUs to participate in the EPA-administered cap-and-trade
programs; or, (2) adopting other control measures of the state's
choosing and demonstrating that such control measures will result in
compliance with the applicable state SO2 and NOX
budgets.
    The May 12, 2005, and April 28, 2006, CAIR rules provide model
rules that states must adopt (with certain limited changes, if
desired), if they want to participate in the EPA-administered trading
programs. With two exceptions, only states that choose to meet the
requirements of CAIR through methods that exclusively regulate EGUs are
allowed to participate in the EPA-administered trading programs. One
exception is for states that adopt the opt-in provisions of the model
rules to allow non-EGUs individually to opt into the EPA-administered
trading programs. The other exception is for states that include all
non-EGUs from their NOX SIP Call trading programs in their
CAIR NOX ozone season trading programs.

IV. Wisconsin's CAIR SIP Submittal

A. Nature of Wisconsin's Submittal

    On June 19, 2007, Wisconsin submitted a request to process their
rules for addressing CAIR requirements. The rules became effective at
the state level on August 1, 2007. The Wisconsin Department of Natural
Resources (WDNR) held hearings on these proposed rules on October 10
and October 12, 2006. The 30-day public comment period for the proposed
rules ended on October 23, 2006.

B. Summary of Wisconsin's Rules

    The WDNR submitted Chapter NR 432 of the Wisconsin Administrative
Code Chapters Related to Air Pollution Control, entitled ``Allocation
of Clean Air Interstate Rule NOX Allowances'' for inclusion
in the Wisconsin SIP. These rules are designed to address the
requirements of the CAIR.
    Chapter NR 432 includes eight subparts:

1. NR 432.01 Applicability; purpose
2. NR 432.02 Definitions
3. NR 432.03 CAIR NOX allowance allocation
4. NR 432.04 Compliance supplement pool
5. NR 432.05 CAIR NOX ozone season allowance allocation
6. NR 432.06 Timing requirements for allocations of CAIR NOX
allowances and CAIR NOX ozone season allowances
7. NR 432.07 CAIR renewable units
8. NR 432.08 Superior environmental performance

A detailed description of the rule and its subparts can be found in the
proposed partial approval/partial disapproval published in the Federal
Register on July 30, 2007 (72 FR 41669).

C. NOX Allowance Allocations

    The CAIR FIP provides States the flexibility to establish a
different NOX allowance allocation methodology that will be
used to allocate allowances to sources in the States if certain
requirements are met. These requirements relate to the timing of
submission of units, allocations to the Administrator for recordation
and the total amount of allowances allocated for each control period.
In adopting alternative NOX allowance allocation
methodologies, States have flexibility with regard to:
    1. The cost to recipients of the allowances, which may be
distributed for free or auctioned;
    2. The frequency of allocations;
    3. The basis for allocating allowances, which may be distributed,
for example, based on historical heat input or electric and thermal
output; and
    4. The use of allowance set-asides and, if used, their size.
    Subchapter NR 432.01 entitled, ``Applicability; purpose''
consolidates the applicability and purpose section for both the annual
and ozone season trading programs. While the FIP already contains an
applicability section, the state is required to adopt this section to
satisfy its own rulemaking requirements. Wisconsin is adopting the
applicability section to apply only to the allocation methodology in
their rule but this does not affect the applicability of the CAIR FIP.
    Subchapter NR 432.02 entitled, ``Definitions'' adopts many of the
CAIR FIP definitions but is rewritten in a format to conform to the
state's regulatory writing style requirements. While the FIP already
contains a definitions section, the state is required to adopt this
section to satisfy its own rulemaking requirements. Wisconsin is
adopting the definition section to apply only to the allocation
methodology in their rule but this does not affect the applicability of
the CAIR FIP. Additionally, WDNR has added definitions not found in the
CAIR FIP. These definitions are included to address the fact that
Wisconsin's rule allocates allowances to renewable energy sources,
which the FIP does not do, and to address the fact that Wisconsin
allocates allowances to emitting sources based on energy output rather
than heat input. The CAIR FIP uses a heat input based allocation
methodology.
    Consistent with the flexibility given to states in the CAIR FIP,
Wisconsin has chosen to replace the provisions of the CAIR
NOX annual FIP concerning the allocation of NOX
annual allowances with its own methodology. NR 432.03 contains the
provisions for the NOX annual allowance distribution
methodology Wisconsin has adopted. Wisconsin has chosen to distribute
NOX annual allowances based upon gross electrical output.
The CAIR FIP

allocates allowances to NOX emitting sources only, and
issues allowances on a fuel-weighted basis. Wisconsin's rule utilizes a
different approach, which allocates allowances to renewable energy
units, as well as NOX emitting sources, and does not issue
allowances on a fuel-weighted basis. For units that have operated for
five or more consecutive years, allocations are determined based on the
unit's three highest annual gross electrical outputs. Wisconsin has
created a new unit set-aside for sources that have fewer than five
years of operating data. The new unit set-aside is equal to seven
percent of the number of NOX annual allocations that new
unit can request from the new unit set-aside and is limited by the
number of the unit's total tons of NOX emissions during the
calendar year immediately preceding the calendar year of the request.
Updating of unit baselines for allocation purposes occurs every five
years beginning in 2011. The initial allocation of allowances for the
years 2009-2014 is set forth in NR 432.03.
    In a similar manner, Wisconsin has developed an ozone season
NOX budget consistent with the flexibility given to states
in the CAIR FIP. Wisconsin has chosen to replace the provisions of the
CAIR NOX ozone season FIP concerning the allocation of
NOX annual allowances with its own methodology. NR 432.05
contains the provisions for the NOX ozone season allowance
distribution methodology that Wisconsin has adopted. Wisconsin has
chosen to distribute NOX ozone season allowances based upon
gross electrical output. The CAIR FIP allocates allowances to
NOX emitting sources only, and issues allowances on a fuel-
weighted basis. Wisconsin's rule uses a different approach, which
allocates allowances to renewable energy units, as well as
NOX emitting sources, and does not issue allowances on a
fuel-weighted basis. Under Wisconsin's rule, the three highest ozone
season amounts of the unit's gross electrical output will be the basis
for determining that unit's allocations for units that have operated
for five or more consecutive years. Additionally, Wisconsin has created
a new unit set-aside for sources that have fewer than five years of
operating data. The new unit set-aside is equal to seven percent of the
total trading budget. The number of NOX ozone season
allocations that a new unit can request from the new unit set-aside is
limited by the number of that unit's total tons of NOX
emissions during the ozone season preceding the calendar year of the
request. Updating of unit baselines for allocation purposes occurs
every five years beginning in 2011. The initial allocation of
allowances for the years 2009-2014 is set forth in NR 432.05.
    NR 432.06 describes the timing requirements for allocating both
NOX annual allowances and NOX ozone season
allowances. These requirements are consistent with the timing
requirements for allocating allowances under an abbreviated SIP
scenario found in 40 CFR 51.123 and are, therefore, being approved.
    Since Wisconsin has chosen to allocate both NOX annual
and NOX ozone season allowances to renewable energy units,
the state has adopted provisions specifically for these sources. These
provisions are found in NR 432.07 which requires renewable units to
comply with the same trading requirements that apply to the regulated
EGUs, such as designating an account representative who represents the
unit in any trading activity, establishing accounts for the
NOX trading programs, and the process for requesting
NOX allowances.

D. Allocation of NOX Allowances From the Compliance
Supplement Pool (CSP)

    The CSP provides an incentive for early reductions in
NOX annual emissions. The CSP consists of 200,000 CAIR
NOX annual allowances for 2009 for the entire CAIR region,
and a state's share of the CSP is based upon the state's share of the
projected emission reductions under CAIR. States may distribute CSP
allowances, one allowance for each ton of early reduction, to sources
that make NOX reductions during 2007 or 2008 beyond what is
required by any applicable state or Federal emission limitation. States
also may distribute CSP allowances based upon a demonstration of need
for an extension of the 2009 deadline for implementing emission
controls.
    The CAIR NOX annual FIP establishes specific
methodologies for allocations of CSP allowances. States may choose an
allowed, alternative CSP allocation methodology to be used to allocate
CSP allowances to sources in those states. See 40 CFR 51.123(p)(2)
(requiring that State CSP provisions be consistent with the model rule
at 40 CFR 96.143, the FIP at 40 CFR 97.143, or CAIR at 40 CFR
51.123(e)(4)).
    Consistent with the flexibility given to states in the FIP,
Wisconsin has chosen to modify the provisions of the CAIR
NOX annual FIP concerning the allocation of allowances from
the CSP. NR 432.04 contains the provisions Wisconsin has adopted for
distribution of the CSP. Wisconsin has chosen to distribute CSP
allowances based on early reduction credits or based on the need to
avoid undue risk to electric reliability. The first methodology based
on early reduction credits essentially mirrors the FIP's early
reduction credit methodology.
    The description in Wisconsin's rule of the second methodology based
on need is somewhat unclear. EPA interprets the provision to require a
demonstration that a unit cannot avoid undue risk to electric
reliability if it keeps its emissions in 2009 from exceeding its 2009
allowance allocation. Even if the unit could obtain additional
allowances to cover emissions above its allocation, and thereby comply
with the requirement to hold allowances covering emissions, the unit
could be given CSP allowances. In contrast, EPA's CSP provisions in the
model rule, the FIP, and CAIR require a demonstration that, without
being given CSP allowances, a unit cannot avoid undue risk while
keeping its 2009 emissions from exceeding all the allowances it holds,
both its 2009 allowance allocations and other allowances it can obtain
for compliance. Thus, Wisconsin's provision is inconsistent with EPA's
CSP provisions. Moreover, since Wisconsin's entire CSP is available for
units meeting either the early reduction credit or the undue risk
criteria, the early reduction credit and undue risk provisions cannot
be administered separately, and the Wisconsin CSP must be administered
by a single agency. Consequently, EPA is disapproving all of
Wisconsin's CSP provisions. This portion of Wisconsin's SIP submittal
is separable from the rest of the submittal and can be disapproved
without compromising the integrity of the portions we are approving.
    In the absence of approved CSP provisions in an abbreviated CAIR
SIP, the FIP provisions for the allocation of CSP allowances continue
to apply in Wisconsin.

E. Individual Opt-in Units

    The opt-in provisions allow for certain non-EGUs (i.e., boilers,
combustion turbines, and other stationary fossil-fuel-fired devices)
that do not meet the applicability criteria for a CAIR trading program
to participate voluntarily in (i.e., opt into) the CAIR trading
program. A non-EGU may opt into one or more of the CAIR trading
programs. In order to qualify to opt into a CAIR trading program, a
unit must vent all emissions through a stack and be able to meet
monitoring, recordkeeping, and recording requirements of 40 CFR part
75. The owners and operators seeking to opt a unit into a CAIR trading
program must

apply for a CAIR opt-in permit. If the unit is issued a CAIR opt-in
permit, the unit becomes a CAIR unit, is allocated allowances, and must
meet the same allowance-holding and emissions monitoring and reporting
requirements as other units subject to the CAIR trading program. The
opt-in provisions provide for two methodologies for allocating
allowances for opt-in units, one methodology that applies to opt-in
units in general and a second methodology that allocates allowances
only to opt-in units that the owners and operators intend to repower
before January 1, 2015.
    States have several options concerning the opt-in provisions. The
rules for each of the CAIR FIP trading programs include opt-in
provisions that are essentially the same as those in the respective
CAIR SIP model rules, except that the CAIR FIP opt-in provisions become
effective in a state only if the state's abbreviated SIP revision
adopts the opt-in provisions. The state may adopt the opt-in provisions
entirely or may adopt them but exclude one of the allowance allocation
methodologies. The state also has the option of not adopting any opt-in
provisions in the abbreviated SIP revision and thereby providing for
the CAIR FIP trading program to be implemented in the state without the
ability for units to opt into the program.
    Consistent with the flexibility given to states in the FIP,
Wisconsin has chosen not to allow non-EGUs meeting certain requirements
to participate in the CAIR NOX annual trading program, the
CAIR NOX ozone season trading program, or the CAIR SO2
trading program.

F. Additional Provision Found in Wisconsin's Abbreviated CAIR SIP
Submittal

    There is an additional provision that Wisconsin has submitted as
part of the abbreviated CAIR SIP.
    NR 432.08 would allow sources to make voluntary reductions beyond
state and Federal requirements in exchange for regulatory flexibility.
For the reasons discussed above, we are disapproving this portion of
Wisconsin's CAIR abbreviated SIP. This portion is separable from the
rest of Wisconsin's SIP submittal and can be disapproved without
compromising the integrity of the portions we are approving.

V. Correction of Typographical Error in Proposed Rule

    We would like to point out a typographical error in the proposed
partial approval/partial disapproval published on July 31, 2007 (72 FR
41669). In section, V. Analysis of Wisconsin's CAIR SIP Submittal,
subsection C. State Budgets for Allowance Allocations, we stated, ``The
CAIR FIP established the budgets for Wisconsin as * * * 17,987 tons for
NOX ozone season emissions for 2010-2014 * * *'' We are
correcting this to read, ``The CAIR FIP established the budgets for
Wisconsin as * * * 17,987 tons for NOX ozone season
emissions for 2009-2014 * * *'' As stated earlier in that same
subsection NOX budgets, both seasonal and annual, were
developed for the 2009-2014 period.

VI. Final Action

    EPA is partially approving and partially disapproving Wisconsin's
abbreviated CAIR SIP revision submitted on June 19, 2007. Wisconsin is
covered by the CAIR FIP, which requires participation in the EPA-
administered CAIR FIP cap-and-trade programs for SO2,
NOX annual, and NOX ozone season emissions. Under
this abbreviated SIP revision and consistent with the flexibility given
to states in the FIP, Wisconsin has adopted provisions for allocating
allowances under the CAIR FIP NOX annual and NOX
ozone season trading programs. As provided for in the CAIR FIP, these
provisions in the abbreviated SIP revision will replace or supplement
the corresponding provisions of the CAIR FIP in Wisconsin. These
provisions in Wisconsin's abbreviated SIP revision meet the applicable
requirements in 40 CFR 51.123(p) and (ee), with regard to
NOX annual and NOX ozone season emissions. EPA is
not making any changes to the CAIR FIP, but is, to the extent EPA
approves Wisconsin's SIP revision, amending the appropriate appendices
in the CAIR FIP trading rules simply to note that approval.
    Wisconsin's submittal also contains provisions that are
inconsistent with requirements concerning the CSP and that grant
unacceptable regulatory flexibility to some sources. EPA is
disapproving these portions of Wisconsin's rule. We are able to
disapprove these specific portions of Wisconsin's submittal because
they are separable from the rest of Wisconsin's submittal and
disapproving only these parts has no effect on the rest of the
submittal that we are approving.

VII. When Is This Action Effective?

    EPA finds that there is good cause for this approval to become
effective on October 16, 2007, because a delayed effective date is
unnecessary due to the nature of the approval, which allows the State
to make allocations under its CAIR rules. The expedited effective date
for this action is authorized under both 5 U.S.C. 553(d)(1), which
provides that rule actions may become effective less than 30 days after
publication if the rule ``grants or recognizes an exemption or relieves
a restriction'' and section 5 U.S.C. 553(d)(3), which allows an
effective date less than 30 days after publication ``as otherwise
provided by the agency for good cause found and published with the
rule.''
    CAIR SIP approvals relieve states and CAIR sources within states
from being subject to allowance allocation provisions in the CAIR FIPs
that otherwise would apply to it, allowing States to make their own
allowance allocations based on their SIP-approved State rule. The
relief from these obligations is sufficient reason to allow an
expedited effective date of this rule under 5 U.S.C. 553(d)(1). In
addition, Wisconsin's relief from these obligations provides good cause
to make this rule effective October 16, 2007, pursuant to 5 U.S.C.
553(d)(3). The purpose of the 30-day waiting period prescribed in 5
U.S.C. 553(d) is to give affected parties a reasonable time to adjust
their behavior and prepare before the final rule takes effect. Where,
as here, the final rule relieves obligations rather than imposes
obligations, affected parties, such as the State of Wisconsin and CAIR
sources within the State, do not need time to adjust and prepare before
the rule takes effect.

VIII. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and, therefore, is
not subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and would
impose no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule would not have
a significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this action approves pre-existing requirements under state law and
would not impose any additional enforceable duty beyond that required
by state law, it does not contain any unfunded mandate or significantly
or uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).

    This rule also does not have tribal implications 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, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it would not have substantial direct effects on
the States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a State rule
implementing a Federal standard and amends the appropriate appendices
in the CAIR FIP trading rules to note that approval. It does not alter
the relationship or the distribution of power and responsibilities
established in the Clean Air Act. This rule also is not subject to
Executive Order 13045 ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it would approve a State rule implementing a Federal Standard.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule would not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Electric
utilities, Incorporation by reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur dioxide.

40 CFR Part 97

    Environmental protection, Air pollution control, Electric
utilities, Intergovernmental relations, Nitrogen oxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
dioxide.

    Dated: September 21, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart YY--Wisconsin

0
2. Section 52.2570 is amended by adding paragraph (c)(116) to read as
follows:

Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (116) A revision to the State Implementation Plan (SIP) was
submitted by the Wisconsin Department of Natural Resources on June 19,
2007. This revision consists of regulations to meet the requirements of
the Clean Air Interstate Rule.
    (i) Incorporation by reference. The following sections of the
Wisconsin Administrative Code are incorporated by reference: NR 432.01
``Applicability; purpose''; NR 432.02 ``Definitions''; NR 432.03 ``CAIR
NOX allowance allocation''; NR 432.05 ``CAIR NOX
ozone season allowance allocation''; NR 432.06 ``Timing requirements
for allocations of CAIR NOX allowances and CAIR
NOX ozone season allowances''; and NR 432.07 ``CAIR
renewable units'', as created and published in the (Wisconsin)
Register, July, 2007, No. 619, effective August 1, 2007.
* * * * *

0
40 CFR part 97 is amended as follows:

PART 97--[AMENDED]

0
3. The authority citation for part 97 continues to read as follows:

    Authority: 42 U.S.C. 7401, 7403, 7410, 7426, 7601, and 7651, et
seq.

0
4. Appendix A to Subpart EE is amended by adding the entry for
Wisconsin in alphabetical order under paragraph 1. to read as follows:

Appendix A to Subpart EE of Part 97--States With Approved State
Implementation Plan Revisions Concerning Allocations

* * * * *
    1. * * *
Wisconsin
* * * * *

0
5. Appendix A to Subpart EEEE is amended by adding the entry for
``Wisconsin'' in alphabetical order to read as follows:

Appendix A to Subpart EEEE of Part 97--States With Approved State
Implementation Plan Revisions Concerning Allocations

* * * * *
Wisconsin
* * * * *
[FR Doc. E7-20165 Filed 10-15-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: April 2, 2009 (Volume 74, Number 62)]
[Notices]
[Page 14976-14977]
[DOCID:fr02ap09-44]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. P-2677-019]

City of Kaukauna, Wisconsin; Notice of Application Ready for
Environmental Analysis and Soliciting Comments, Recommendations, Terms
and Conditions, and Prescriptions

March 26, 2009.
    Take notice that the following hydroelectric application has been
filed

with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2677-019.
    c. Date filed: August 29, 2007.
    d. Applicant: City of Kaukauna, Wisconsin.
    e. Name of Project: Badger-Rapide Croche Hydroelectric Project.
    f. Location: On the Fox River in the City of Kaukauna, in Outagamie
County, Wisconsin. The project does not affect federal lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)--825(r).
    h. Applicant Contact: Mike Pedersen, Kaukauna Utilities, 777 Island
Street, P.O. Box 1777, Kaukauna, WI 54130-7077,<PHONE_NUMBER>, or Arie
DeWaal, Mead & Hunt, Inc., 6501 Watts Road, Madison, WI 53719, (608)
273-6380.
    i. FERC Contact: John Smith<PHONE_NUMBER> or<EMAIL_ADDRESS>    j. Deadline for filing comments, recommendations, terms and
conditions, and prescriptions is 60 days from the issuance date of this
notice; reply comments are due 105 days from the issuance date of this
notice.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE., Washington, DC 20426.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    Comments, recommendations, terms and conditions, and prescriptions
may be filed electronically via the Internet in lieu of paper. The
Commission strongly encourages electronic filings. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
(http://www.ferc.gov/docs-filing/ferconline.asp) under the ``e-filing''
link. For a simpler method of submitting text only comments, click on
``Quick Comment.''
    k. This application has been accepted, and is ready for
environmental analysis at this time.
    l. The existing project consists of the Badger and Rapide Croche
developments.
    As licensed, the existing Badger Development utilizes the head
created by the 22-foot-high Army Corps of Engineers (Corps) Kaukauna
dam and consists of: (1) A 2,100-foot-long, 100-foot-wide power canal
that bifurcates into a 260-foot-long, 200-foot-wide canal and a 250-
foot-long, 80-foot-wide canal leading to; (2) the Old Badger powerhouse
containing two 1,000-kilowatt (kW) generating units for a total
installed capacity of 2,000 kW; and (3) the New Badger powerhouse
containing two 1,800-kW generating units for a total installed capacity
of 3,600 kW; and (4) appurtenant facilities.
    As licensed, the existing Rapide Croche Development utilizes the
head created by the 20-foot-high Corps Rapide Croche dam, located
approximately 4.5 miles downstream from the Badger Development and
consists of: (1) A powerhouse, located on the south end of the dam,
containing four 600-kW generating units for a total installed capacity
of 2,400 kW; (2) the 5-mile-long, 12-kilovolt (kV) transmission line
(serving both developments); and (3) appurtenant facilities.
    The license application also indicates that flashboards are used at
the Kaukauna and Rapide Croche dams to provide additional head for
project generation. The flashboards used at the Kaukauna dam are 6
inches high. The flashboards used at the Rapide Croche dam are 30
inches high.
    The proposed project would include decommissioning the Old Badger
and New Badger developments and constructing a new 7-megawatt (MW)
powerhouse about 150 feet upstream from the existing New Badger plant
site. Proposed project works would consist of: (1) A modified power
canal leading to; (2) a new powerhouse with integral intake; and (3)
two identical 3.5- to 3.6-MW horizontal Kaplan ``S'' type turbines. The
Old Badger development would be converted to an alternative use. The
New Badger development would be decommissioned, demolished, and
removed. The existing service road would be demolished and removed. The
tailrace area associated with the existing Old Badger development would
be filled with soil. A new service road would be constructed over the
filled area. No significant changes are proposed for the Rapide Croche
development.
    The existing Badger and Rapide Croche developments currently
operate in a run-of-river mode. As proposed, the new project would
continue to operate in a run-of-river mode.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is also available for
inspection and reproduction at the address in item h above.
    All filings must (1) Bear in all capital letters the title
``COMMENTS,'' ``REPLY COMMENTS,'' ``RECOMMENDATIONS,'' ``TERMS AND
CONDITIONS,'' or ``PRESCRIPTIONS;'' (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person submitting the filing; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the
application directly from the applicant. Each filing must be
accompanied by proof of service on all persons listed on the service
list prepared by the Commission in this proceeding, in accordance with
18 CFR 4.34(b), and 385.2010.
    You may also register online at http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. A license applicant must file no later than 60 days following
the date of issuance of this notice: (1) A copy of the water quality
certification; (2) a copy of the request for certification, including
proof of the date on which the certifying agency received the request;
or (3) evidence of waiver of water quality certification.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-7347 Filed 4-1-09; 8:45 am]


[Federal Register Volume 85, Number 164 (Monday, August 24, 2020)]
[Notices]
[Page 52174]
[FR Doc No: 2020-18472]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89605; File No. SR-NASDAQ-2020-037]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Withdrawal of a Proposed Rule Change To Adopt a New ``Early
Market On Close'' Order Type

August 18, 2020.
    On July 6, 2020, The Nasdaq Stock Market LLC (``Exchange'') filed
with the Securities and Exchange Commission (``Commission''), pursuant
to Section 19(b)(1) of the Securities Exchange Act of 1934,\1\ and Rule
19b-4 thereunder,\2\ a proposed rule change to adopt a new ``Early
Market On Close'' order type. The proposed rule change was published
for comment in the Federal Register on July 22, 2020.\3\ On August 14,
2020, the Exchange withdrew the proposed rule change (SR-NASDAQ-2020-
037).
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 89334 (July 16,
2020), 85 FR 44333. Comments received on the proposed rule change
are available on the Commission's website at: https://www.sec.gov/comments/sr-nasdaq-2020-037/srnasdaq2020037.htm.

    For the Commission, by the Division of Trading and Markets,
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pursuant to delegated authority.\4\

    \4\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-18472 Filed 8-21-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 242 (Monday, December 19, 2022)]
[Notices]
[Pages 77588-77589]
[FR Doc No: 2022-27459]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-23-000]

Equitrans, L.P.; Notice of Request Under Blanket Authorization
and Establishing Intervention and Protest Deadline

    Take notice that on December 8, 2022, Equitrans, L.P. (Equitrans),
2200 Energy Drive, Canonsburg, Pennsylvania 15317, filed in the above
referenced docket, a prior notice pursuant to Section 157.205 and
157.216(b) of the Federal Energy Regulatory Commission's regulations
under the Natural Gas Act and the blanket certificate issued by the
Commission in Docket No. CP96-532-000,\1\ seeking authorization to
abandon a single compressor unit at Equitrans' Comet Compressor Station
located in Taylor County, West Virginia.
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    \1\ Equitrans, L.P., 85 FERC ] 61,089 (1998).
---------------------------------------------------------------------------

    Specifically, Equitrans seeks authorization to abandon in place
Unit 5 (AJAX DPC 600) which is one of five compressor units at the
compressor station. The unit is not needed to provide service and is
not rated for the current MAOP of the station, all as more fully set
forth in the request which is on file with the Commission and open to
public inspection.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (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. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    Any questions concerning this application should be directed to
Matthew Eggerding, Assistant General Counsel, at Equitrans, L.P., 2200
Energy Drive, Canonsburg, PA 15317; by phone at<PHONE_NUMBER>; or by
email to [email protected].

Public Participation

    There are three ways to become involved in the Commission's review
of this project: you can file a protest to the project, you can file a
motion to intervene in the proceeding, and you can file comments on the
project. There is no fee or cost for filing protests, motions to
intervene, or comments. The deadline for filing protests, motions to
intervene, and comments is 5:00 p.m. Eastern Time on February 13, 2023.
How to file protests, motions to intervene, and comments is explained
below.

Protests

    Pursuant to section 157.205 of the Commission's regulations under
the NGA,\2\ any person \3\ or the Commission's staff may file a protest
to the request. If no protest is filed within the time allowed or if a
protest is filed and then withdrawn within 30 days after the allowed
time for filing a protest, 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 for authorization
will be considered by the Commission.
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    \2\ 18 CFR 157.205.
    \3\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
---------------------------------------------------------------------------

    Protests must comply with the requirements specified in section
157.205(e) of the Commission's regulations,\4\ and must be submitted by
the protest deadline, which is February 13, 2023. A protest may also
serve as a motion to intervene so long as the protestor states it also
seeks to be an intervenor.
---------------------------------------------------------------------------

    \4\ 18 CFR 157.205(e).
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Interventions

    Any person has the option to file a motion to intervene in this
proceeding. Only intervenors have the right to request rehearing of
Commission orders issued in this proceeding and to subsequently
challenge the Commission's orders in the U.S. Circuit Courts of Appeal.
    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \5\ and the regulations under the NGA \6\ by the
intervention deadline for the project, which is February 13, 2023. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
---------------------------------------------------------------------------

    \5\ 18 CFR 385.214.
    \6\ 18 CFR 157.10.
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    All timely, unopposed motions to intervene are automatically
granted by operation of Rule 214(c)(1). Motions to intervene that are
filed after the intervention deadline are untimely and may be denied.
Any late-filed motion to intervene must show good cause for being late
and must explain why the time limitation should be waived and provide
justification by reference to factors set forth in Rule 214(d) of the
Commission's Rules and Regulations. A person obtaining party status
will be placed on the service list maintained by the Secretary of the
Commission and will receive copies (paper or electronic) of all
documents filed by the applicant and by all other parties.

Comments

    Any person wishing to comment on the project may do so. The
Commission considers all comments received about the project in
determining the appropriate action to be taken. To ensure that your
comments are timely and properly recorded, please submit your comments
on or before February 13, 2023. The filing of a comment alone will not
serve to make the filer a party to the proceeding. To become a party,
you must intervene in the proceeding.

How To File Protests, Interventions, and Comments

    There are two ways to submit protests, motions to intervene, and
comments. In both instances, please reference the Project docket number
CP23-23-000 in your submission.
    (1) You may file your protest, motion to intervene, and comments by
using the Commission's eFiling feature, which is located on the
Commission's website (www.ferc.gov) under the link to Documents and
Filings. New eFiling users must first create an account by clicking on
``eRegister.'' You will be asked to select the type of filing you are
making; first select ``General'' and then select ``Protest'',
``Intervention'', or ``Comment on a Filing.'' The Commission's eFiling
staff are available to assist you at<PHONE_NUMBER> or
[email protected]

    (2) You can file a paper copy of your submission. Your submission
must reference the Project docket number CP23-23-000.
    To mail via USPS, use the following address: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426.
    To mail via any other courier, use the following address: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852.
    Protests and motions to intervene must be served on the applicant
either by mail or email (with a link to the document) at: Matthew
Eggerding, Assistant General Counsel, at Equitrans, L.P., 2200 Energy
Drive, Canonsburg, PA 15317; by phone at<PHONE_NUMBER>; or by email to
[email protected]. Any subsequent submissions by an
intervenor must be served on the applicant and all other parties to the
proceeding. Contact information for parties can be downloaded from the
service list at the eService link on FERC Online.

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.

    Dated: December 13, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-27459 Filed 12-16-22; 8:45 am]
BILLING CODE 6717-01-P