[Federal Register: January 12, 2007 (Volume 72, Number 8)]
[Notices]
[Page 1502-1503]
[DOCID:fr12ja07-59]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL07-26-000]

City of Pasadena, California; Notice of Filing

January 4, 2007.
    Take notice that on December 22, 2006, City of Pasadena, California
filed its second annual revisions to its Transmission Revenue Balancing
Account Adjustment, to become effective January 1, 2007.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of

the Commission's Rules of Practice and Procedure (18 CFR 385.211,
385.214). Protests will be considered by the Commission in determining
the appropriate action to be taken, but will not serve to make
protestants parties to the proceeding. Any person wishing to become a
party must file a notice of intervention or motion to intervene, as
appropriate. Such notices, motions, or protests must be filed on or
before the comment date. On or before the comment date, it is not
necessary to serve motions to intervene or protests on persons other
than the Applicant.
    The Commission encourages electronic submission of 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<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. eastern Time on January 22, 2007.

Magalie R. Salas,
Secretary.
[FR Doc. E7-278 Filed 1-11-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 213 (Thursday, November 3, 2016)]
[Rules and Regulations]
[Pages 76513-76515]
[FR Doc No: 2016-26529]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0992]
RIN 1625-AA00

Safety Zone; Arkansas River, Little Rock, AR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
all waters of the Arkansas River beginning at mile marker 118.6 and
ending at mile marker 119.6. The safety zone is necessary to protect
persons, property, and infrastructure from potential damage and safety
hazards associated with the demolition of the Broadway Bridge. This
rulemaking prohibits persons and vessels from entering the safety zone
area during certain operations unless authorized by the Captain of the
Port Memphis or a designated representative.

DATES: This rule is effective without actual notice from November 3,
2016 until 10 p.m. on December 1, 2016. For the purposes of
enforcement, actual notice will be used from 10 p.m. on October 28,
2016 until November 3, 2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0992 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Todd Manow, Sector Lower Mississippi River
Prevention Department, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. The Coast Guard had previously established a

safety zone for this bridge demolition, [Docket Number USCG-2016-0885],
and enforced it from October 1, 2016 until November 1, 2016. The Coast
Guard was recently made aware by the contractor that demolition
activities would not be completed in the original timeline. Immediate
action is needed to respond to potential safety hazards related to a
bridge demolition on or over this navigable waterway. It is
impracticable and contrary to the public interest to publish an NPRM
because we must establish this safety zone by November 1, 2016.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Delaying the effective
date of this rule would be contrary to public interest because
immediate action is needed to respond to the potential safety hazards
associated with demolition of the Broadway Bridge.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The COTP has determined that potential hazards associated with a
bridge demolition starting November 1, 2016 will be a safety concern
for anyone desiring to transit this section of the Arkansas River. This
rule is needed to protect personnel, vessels, and infrastructure in the
navigable waters within the safety zone while bridge demolition is
occurring.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10 p.m. on November 1,
2016 through 10 p.m. on December 1, 2016. The safety zone will cover
all navigable waters within one half mile on either side of the
Broadway Bridge, beginning at mile marker 118.6 and ending at mile
marker 119.6. Vessels will be prohibited from entering the safety zone
from 30 minutes prior to, until 30 minutes after, any blasting or
large-scale removal operation that takes place on the Broadway Bridge;
designated representatives will be on-scene to stop or reroute traffic
during these evolutions. No vessel or person will be permitted to enter
the safety zone without obtaining permission from the COTP or a
designated representative. During the entire effective period of this
safety zone, regardless of operations, all vessel traffic will be
required to maintain slowest speeds for safe navigation; marker buoys
will be placed informing waterway users of a no-wake zone. This safety
zone is intended to protect personnel, vessels, and infrastructure in
these navigable waters while the bridge is being demolished.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
    This regulatory action determination is based on the size and
location of the safety zone, a one-mile section of the Arkansas River
in the vicinity of Little Rock, AR. Although in effect from November 1,
2016 until December 1, 2016, traffic will only be excluded from this
safety zone from 30 minutes before until 30 minutes after any blasting
or large-scale removal operation that takes place on the Broadway
Bridge. During periods of non-exclusion, vessel traffic will be allowed
to transit at slowest speeds for safe navigation through this safety
zone. Moreover, the Coast Guard will issue Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the zone and the rule allows vessels
to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR

FURTHER INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a month-long safety zone limiting vessel speed and
intermittently prohibiting entry into a one-mile area of the Arkansas
River adjacent to the Broadway Bridge during demolition operations. It
is categorically excluded from further review under paragraph 34(g) 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. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. A new temporary Sec.  [thinsp]165.35T08-0992 is added to read as
follows:

Sec.  [thinsp]165.35T08-0992  Safety Zone; Arkansas River; Little Rock,
AR.

    (a) Location. All waters of the Arkansas River beginning at mile
marker 118.6 and ending at mile marker 119.6 in the vicinity of Little
Rock, AR.
    (b) Periods of enforcement. This temporary safety zone will be
enforced 30 minutes before until 30 minutes after any blasting or
large-scale removal operation that takes place on the Broadway Bridge
from 10 p.m. on October 28, 2016 through 10 p.m. on December 1, 2016.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  [thinsp]165.23 of this part, entry into this area during blasting
or large-scale removal operations is prohibited unless authorized by
the COTP or a designated representative. All persons and vessels
permitted to deviate from the safety zone requirements, as well as
enter the restricted area must transit at the slowest safe speed and
comply with all lawful directions issued by the COTP or a designated
representative.
    (2) Buoys marked ``No-Wake'' will be placed along the navigation
channel while this safety zone is in effect.
    (3) Persons or vessels requiring entry into or passage through this
safety zone during prohibited entry periods must request permission
from the COTP or a designated representative. They may be contacted on
VHF Channel 16 or at 1-866-777-2784.
    (4) A ``designated representative'' of the COTP is any Coast Guard
commissioned, warrant, or petty officer, or a Federal, State, or local
law enforcement officer designated by the COTP to act on his behalf.
    (d) Informational broadcasts. The COTP Memphis or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the safety zone, as well as any
changes in the dates and times of enforcement.

    Dated: October 28, 2016.
T.J. Wendt,
Captain, U.S. Coast Guard, Captain of the Port, Memphis, Tennessee.
[FR Doc. 2016-26529 Filed 11-2-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Rules and Regulations]
[Pages 43097-43101]
[FR Doc No: 2016-15614]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2016-0118; FRL-9947-34]

2-propenoic acid, 2-methyl-, 2-oxiranylmethyl ester, polymer With
ethene, ethenyl acetate, ethenyltrimethoxysilane and sodium
ethenesulfonate (1:1); Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of 2-propenoic acid, 2-methyl-, 2-
oxiranylmethyl ester, polymer with ethene, ethenyl acetate,
ethenyltrimethoxysilane and sodium ethenesulfonate (1:1); when used as
an inert ingredient in a pesticide chemical formulation. Celanese Ltd.
submitted a petition to EPA under the Federal Food, Drug, and Cosmetic
Act (FFDCA), requesting an exemption from the requirement of a
tolerance. This regulation eliminates the need to establish a maximum
permissible level for residues of 2-propenoic acid, 2-methyl-, 2-
oxiranylmethyl ester, polymer with ethene, ethenyl acetate,
ethenyltrimethoxysilane and sodium ethenesulfonate (1:1) on food or
feed commodities.

DATES: This regulation is effective July 1, 2016. Objections and
requests for hearings must be received on or before August 30, 2016,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2016-0118, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Publishing Office's e-CFR site at
http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. Can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2016-0118 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
August 30, 2016. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2016-0118, by one of
the following methods.
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background and Statutory Findings

    In the Federal Register of April 25, 2016 (81 FR 24044) (FRL-9944-
86), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C.
346a, announcing the receipt of a pesticide petition (PP IN-10899)
filed by Celanese Ltd., 222 W Las Colinas Blvd., Suite 900N, Irving, TX
75039. The petition requested that 40 CFR 180.960 be amended by
establishing an exemption from the requirement of a tolerance for
residues of 2-propenoic acid, 2-methyl-, 2-oxiranylmethyl ester,
polymer with ethene, ethenyl acetate, ethenyltrimethoxysilane and
sodium ethenesulfonate (1:1); CAS Reg. No. 518057-54-0. That document
included a summary of the petition prepared by the petitioner and
solicited comments on the petitioner's request. The Agency did not
receive any comments.
    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and use in residential settings, but does not include
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing an exemption from the
requirement of a tolerance and to ``ensure that there is a reasonable
certainty that no harm will result to infants and children from
aggregate exposure to the pesticide chemical residue . . .'' and
specifies factors EPA is to consider in establishing an exemption.

III. Risk Assessment and Statutory Findings

    EPA establishes exemptions from the requirement of a tolerance only
in those

cases where it can be shown that the risks from aggregate exposure to
pesticide chemical residues under reasonably foreseeable circumstances
will pose no appreciable risks to human health. In order to determine
the risks from aggregate exposure to pesticide inert ingredients, the
Agency considers the toxicity of the inert in conjunction with possible
exposure to residues of the inert ingredient through food, drinking
water, and through other exposures that occur as a result of pesticide
use in residential settings. If EPA is able to determine that a finite
tolerance is not necessary to ensure that there is a reasonable
certainty that no harm will result from aggregate exposure to the inert
ingredient, an exemption from the requirement of a tolerance may be
established.
    Consistent with FFDCA section 408(b)(2)(D), EPA has reviewed the
available scientific data and other relevant information in support of
this action and considered its validity, completeness and reliability
and the relationship of this information to human risk. EPA has also
considered available information concerning the variability of the
sensitivities of major identifiable subgroups of consumers, including
infants and children. In the case of certain chemical substances that
are defined as polymers, the Agency has established a set of criteria
to identify categories of polymers expected to present minimal or no
risk. The definition of a polymer is given in 40 CFR 723.250(b) and the
exclusion criteria for identifying these low-risk polymers are
described in 40 CFR 723.250(d). 2-propenoic acid, 2-methyl-, 2-
oxiranylmethyl ester, polymer with ethene, ethenyl acetate,
ethenyltrimethoxysilane and sodium ethenesulfonate (1:1) conforms to
the definition of a polymer given in 40 CFR 723.250(b) and meets the
following criteria that are used to identify low-risk polymers.
    1. The polymer is not a cationic polymer nor is it reasonably
anticipated to become a cationic polymer in a natural aquatic
environment.
    2. The polymer does contain as an integral part of its composition
at least two of the atomic elements carbon, hydrogen, nitrogen, oxygen,
silicon, and sulfur.
    3. The polymer does not contain as an integral part of its
composition, except as impurities, any element other than those listed
in 40 CFR 723.250(d)(2)(ii).
    4. The polymer is neither designed nor can it be reasonably
anticipated to substantially degrade, decompose, or depolymerize.
    5. The polymer is manufactured or imported from monomers and/or
reactants that are already included on the TSCA Chemical Substance
Inventory or manufactured under an applicable TSCA section 5 exemption.
    6. The polymer is not a water absorbing polymer with a number
average molecular weight (MW) greater than or equal to 10,000 daltons.
    7. The polymer does not contain certain perfluoroalkyl moieties
consisting of a CF3- or longer chain length as listed in 40 CFR
723.250(d)(6).

Additionally, the polymer also meets as required the following
exemption criteria specified in 40 CFR 723.250(e):
    8. The polymer's number average MW of 20,000 is greater than or
equal to 10,000 daltons. The polymer contains less than 2% oligomeric
material below MW 500 and less than 5% oligomeric material below MW
1,000.
    Thus, 2-propenoic acid, 2-methyl-, 2-oxiranylmethyl ester, polymer
with ethene, ethenyl acetate, ethenyltrimethoxysilane and sodium
ethenesulfonate (1:1) meets the criteria for a polymer to be considered
low risk under 40 CFR 723.250. Based on its conformance to the criteria
in this unit, no mammalian toxicity is anticipated from dietary,
inhalation, or dermal exposure to 2-propenoic acid, 2-methyl-, 2-
oxiranylmethyl ester, polymer with ethene, ethenyl acetate,
ethenyltrimethoxysilane and sodium ethenesulfonate (1:1).

IV. Aggregate Exposures

    For the purposes of assessing potential exposure under this
exemption, EPA considered that 2-propenoic acid, 2-methyl-, 2-
oxiranylmethyl ester, polymer with ethene, ethenyl acetate,
ethenyltrimethoxysilane and sodium ethenesulfonate (1:1) could be
present in all raw and processed agricultural commodities and drinking
water, and that non-occupational non-dietary exposure was possible. The
number average MW of 2-propenoic acid, 2-methyl-, 2-oxiranylmethyl
ester, polymer with ethene, ethenyl acetate, ethenyltrimethoxysilane
and sodium ethenesulfonate (1:1) is 20,000 daltons. Generally, a
polymer of this size would be poorly absorbed through the intact
gastrointestinal tract or through intact human skin. Since 2-propenoic
acid, 2-methyl-, 2-oxiranylmethyl ester, polymer with ethene, ethenyl
acetate, ethenyltrimethoxysilane and sodium ethenesulfonate (1:1)
conform to the criteria that identify a low-risk polymer, there are no
concerns for risks associated with any potential exposure scenarios
that are reasonably foreseeable. The Agency has determined that a
tolerance is not necessary to protect the public health.

V. Cumulative Effects From Substances With a Common Mechanism of
Toxicity

    Section 408(b)(2)(D)(v) of FFDCA requires that, when considering
whether to establish, modify, or revoke a tolerance, the Agency
consider ``available information'' concerning the cumulative effects of
a particular pesticide's residues and ``other substances that have a
common mechanism of toxicity.''
    EPA has not found 2-propenoic acid, 2-methyl-, 2-oxiranylmethyl
ester, polymer with ethene, ethenyl acetate, ethenyltrimethoxysilane
and sodium ethenesulfonate (1:1) to share a common mechanism of
toxicity with any other substances, and 2-propenoic acid, 2-methyl-, 2-
oxiranylmethyl ester, polymer with ethene, ethenyl acetate,
ethenyltrimethoxysilane and sodium ethenesulfonate (1:1) does not
appear to produce a toxic metabolite produced by other substances. For
the purposes of this tolerance action, therefore, EPA has assumed that
2-propenoic acid, 2-methyl-, 2-oxiranylmethyl ester, polymer with
ethene, ethenyl acetate, ethenyltrimethoxysilane and sodium
ethenesulfonate (1:1) does not have a common mechanism of toxicity with
other substances. For information regarding EPA's efforts to determine
which chemicals have a common mechanism of toxicity and to evaluate the
cumulative effects of such chemicals, see EPA's Web site at http://www.epa.gov/pesticides/cumulative.

VI. Additional Safety Factor for the Protection of Infants and Children

    Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an
additional tenfold margin of safety for infants and children in the
case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the data base unless EPA concludes
that a different margin of safety will be safe for infants and
children. Due to the expected low toxicity of 2-propenoic acid, 2-
methyl-, 2-oxiranylmethyl ester, polymer with ethene, ethenyl acetate,
ethenyltrimethoxysilane and sodium ethenesulfonate (1:1), EPA has not
used a safety factor analysis to assess the risk. For the same reasons
the additional tenfold safety factor is unnecessary.

VII. Determination of Safety

    Based on the conformance to the criteria used to identify a low-
risk polymer, EPA concludes that there is a reasonable certainty of no
harm to the

U.S. population, including infants and children, from aggregate
exposure to residues of 2-propenoic acid, 2-methyl-, 2-oxiranylmethyl
ester, polymer with ethene, ethenyl acetate, ethenyltrimethoxysilane
and sodium ethenesulfonate (1:1).

VIII. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established a MRL for 2-propenoic acid, 2-methyl-
, 2-oxiranylmethyl ester, polymer with ethene, ethenyl acetate,
ethenyltrimethoxysilane and sodium ethenesulfonate (1:1).

IX. Conclusion

    Accordingly, EPA finds that exempting residues of 2-propenoic acid,
2-methyl-, 2-oxiranylmethyl ester, polymer with ethene, ethenyl
acetate, ethenyltrimethoxysilane and sodium ethenesulfonate (1:1) from
the requirement of a tolerance will be safe.

X. Statutory and Executive Order Reviews

    This action establishes a tolerance under FFDCA section 408(d) in
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

XI. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: June 16, 2016.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority:  21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.960, add alphabetically the polymer ``2-propenoic acid,
2-methyl-, 2-oxiranylmethyl ester, polymer with ethene, ethenyl
acetate, ethenyltrimethoxysilane and sodium ethenesulfonate (1:1),
minimum number average molecular weight (in amu), 20,000'' to the table
to read as follows:

Sec.  180.960  Polymers; exemptions from the requirement of a
tolerance.

* * * * *

------------------------------------------------------------------------
                         Polymer                              CAS No.
------------------------------------------------------------------------

                              * * * * * * *
------------------------------------------------------------------------
2-propenoic acid, 2-methyl-, 2-oxiranylmethyl ester,         518057-54-0
 polymer with ethene, ethenyl acetate,
 ethenyltrimethoxysilane and sodium ethenesulfonate
 (1:1), minimum number average molecular weight (in
 amu), 20,000...........................................
------------------------------------------------------------------------

                              * * * * * * *
------------------------------------------------------------------------

[FR Doc. 2016-15614 Filed 6-30-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 173 (Tuesday, September 8, 2015)]
[Notices]
[Pages 53905-53906]
[FR Doc No: 2015-22492]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75803; File No. TP 15-14]

Order Granting Greenbacker Renewable Energy Company LLC a Limited
Exemption

September 1, 2015.
    By letter dated September 1, 2015 (the ``Letter''), as supplemented
by conversations with the staff of the Division of Trading and Markets,
counsel for Greenbacker Renewable Energy Company LLC (the ``Company'')
requested that the Commission grant an exemption from Rule 102(a) of
Regulation M to permit the Company to effect repurchases of shares of
its common stock pursuant to its proposed share repurchase program (the
``Repurchase Program'').
    As a consequence of the continuous offering of the Company's
shares, the Company will be engaged in a distribution of shares of its
common stock pursuant to Rule 102 of Regulation M. As a result, bids
for or purchases of shares of its common stock or any reference
security by the Company or any affiliated purchaser of the Company are
prohibited during the restricted period specified in Rule 102, unless
specifically excepted by or exempted from Rule 102.
    Based on the representations and facts presented in its Letter, we
find that it is appropriate in the public interest and consistent with
the protection of investors to grant a conditional exemption from Rule
102 of Regulation M to permit the Company to repurchase shares of its
common stock under its Repurchase Program while the Company is engaged
in a distribution of shares of its common stock. In granting this
exemption, we considered the following representations and facts, among
others:
     There is no trading market for the Company's common stock;
     The Company will terminate its Repurchase Program in the
event a secondary market for its common stock develops;

     Shares of the Company will be offered on a continuous
basis until the earlier of when the full amount of shares registered
under the registration statement have been sold and August 7, 2016,
though the Company may decide to extend the offering beyond this date
if Greenbacker Capital Management LLC, the Company's advisor
(``Advisor''), determines, and the Company's board agrees, that the
maximum amount has not been met at the expiration date but the Advisor
believes there is sufficient investor interest or a need for additional
capital to pursue an additional investment;
     The Company represents that the structure is similar to
non-listed REITs;
     Net asset value (``NAV'') is computed based on the fair
value of the Company's assets, which is determined by the Advisor, on a
quarterly basis in accordance with ASC 820; \1\
---------------------------------------------------------------------------

    \1\ ASC 820, a widely accepted accounting standard which defines
fair value, establishes a framework for measuring fair value in
accordance with generally accepted accounting principles, and
requires certain disclosures about fair value measurements.
---------------------------------------------------------------------------

     The report prepared by the Advisor regarding its NAV
determination and methodology is reviewed and approved by the Company's
audit committee and board of directors on a quarterly basis, reviewed
by the Company's independent auditors on a quarterly basis, and audited
by the Company's independent auditors as part of its annual audit;
     The Company disclosed in its prospectus the original
valuation methodology and will disclose in a prospectus supplement any
material changes to the valuation methodology prior to implementation;
     The Company will repurchase shares of its common stock
under its Repurchase Program at a price that does not exceed the then
current public offering price of its common stock;
     The offering price for each class of shares consists of
the NAV per share plus selling commissions and dealer manager fees,
which are set at a fixed percentage of the offering price depending on
the share class, and organization and offering expenses, which have
been calculated as a percentage of gross offering proceeds;
     The method of calculating these commissions and fees and
their current values are set forth in the prospectus;
     Because the Company will repurchase shares at a price
equal to the then-current offering price less the selling commissions
and dealer manager fees associated with such class of shares, the
Company will purchase at a price directly and mechanically linked to
NAV; and
     The terms of the Repurchase Program, including the above
methodology regarding the repurchase price, will be fully disclosed in
the Company's prospectus.

Conclusion

    It is hereby ordered, pursuant to Rule 102(e) of Regulation M, that
the Company, based on the representations and the facts presented in
its Letter (as supplemented by conversations with the staff of the
Division of Trading and Markets) and subject to the conditions
contained in this order, is exempt from the requirements of Rule 102
with respect to the Company's Repurchase Program as described in its
Letter.
    This exemptive relief is subject to the following conditions:
     The Company shall terminate its Repurchase Program during
the distribution of its common stock if a secondary market for its
common stock develops.
     The Company will repurchase shares of its common stock
under its Repurchase Program at a price that does not exceed the then
current public offering price, a price directly and mechanically linked
to NAV, of its common stock.
    This exemptive relief is subject to modification or revocation at
any time the Commission determines that such action is necessary or
appropriate in furtherance of the purposes of the Exchange Act. This
exemption is based on the facts presented and the representations made
in the Letter. Any different facts or representations may require a
different response. In the event that any material change occurs in the
facts or representations in the Letter, the Repurchase Program must be
discontinued, pending presentation of the facts for our consideration.
In addition, persons relying on this exemption are directed to the
anti-fraud and anti-manipulation provisions of the federal securities
laws, particularly Section 10(b) of the Exchange Act, and Rule 10b-5
thereunder. Responsibility for compliance with these and any other
applicable provisions of the federal securities laws must rest with the
persons relying on this exemption. This order should not be considered
a view with respect to any other question that the proposed
transactions may raise, including, but not limited to, the adequacy of
the disclosure concerning, and the applicability of other federal or
state laws to, the proposed transactions.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\2\
---------------------------------------------------------------------------

    \2\ 17 CFR 200.30-3(a)(6).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-22492 Filed 9-4-15; 8:45 am]
 BILLING CODE P


[Federal Register: October 5, 2010 (Volume 75, Number 192)]
[Notices]
[Page 61459-61460]
[DOCID:fr05oc10-51]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2899-144]

Idaho Power Company and Milner Dam, Inc.; Notice of Application
for Amendment of License and Soliciting Comment, Motions To Intervene,
and Protests

September 24, 2010.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public comment.
    a. Type of Application: Amendment of License.
    b. Project No. 2899-144.
    c. Date Filed: September 9, 2010.
    d. Applicants: Idaho Power Company and Milner Dam, Inc.
    e. Name of Project: Milner Hydroelectric Project.
    f. Location: The project is located on the Snake River in Twin
Falls and Cassia Counties, Idaho.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicants Contact: Rex Blackburn, Senior Vice President and
General Counsel, and Nathan F. Gardiner, Idaho Power Company, 1221 West
Idaho Street, P.O. Box 70, Boise, Idaho 83707-0070; telephone: (208)
388-2713.
    i. FERC Contact: Any questions on this notice should be addressed
to John Mark at<PHONE_NUMBER> or<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: October 25, 2010.
    Comments, protests, and interventions may be filed electronically
via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site (http://www.ferc.gov/
docs-filing/efiling.asp). Commenters can submit brief comments up to
6,000 characters, without prior registration, using the eComment system
(http://www.ferc.gov/docs-filing/ecomment.asp) and must include name
and contact information at the end of comments. The Commission strongly
encourages electronic filings.
    All documents (original and seven copies) filed by paper should be
sent to: Secretary, Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426. Please include the project number
(P-2899-144) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
interveners filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervener 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. A copy
of any motion to intervene must also be served upon each representative
of the Applicants specified in the particular application.
    k. Description of the Application: The Applicants propose to amend
article 415 of the project license to include April as a month when
whitewater releases are potentially available at the Milner Project.
Specifically, the Applicants request that the first paragraph of
article 415 of the license for the Milner Project be amended to read as
follows: Upon receiving a whitewater release request by two or more
boaters by 3:00 p.m. on Friday before the weekend and after at least
two boaters have checked in at the main powerhouse on the day of the
whitewater release, the licensees shall not operate the main
powerhouse, located 1.6 miles downstream of Milner Dam, for up to 4
weekend days (included is the observed Memorial Day holiday) from 10:00
a.m. to 3:00 p.m. between April 1 and June 30, when inflow to the
Milner Project, in excess of irrigation demands, is between 10,000 and
12,500 cfs. Powerhouse operation will resume when inflow in excess of
irrigation demand is greater than 12,500 cfs and utilize for generation
any flows in excess of 12,500 cfs. The licensees are required by
article 417 to provide a communication network used to predict the
volume of streamflow that will be available for whitewater boating
during April, May, and June.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Pubic
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site using the ``eLibrary'' link at http://
elibrary.ferc.gov/idmws/search/fercgensearch.asp. Enter the docket
number excluding the last three digits (P-2899) in the docket number
field to access the document. You may also register online at http://
www.ferc.gov/docs-filing/esubscription.asp to be notified via e-mail of
new filings and issuances related to this or other pending projects.
For assistance, call 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is also
available for inspection and reproduction at the address in item (h)
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions To Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Any filings must bear in all capital letters the title
``COMMENTS'', ``PROTESTS'', or ``MOTION TO INTERVENE'', as applicable,
and the Project Number of the particular application to which the
filing refers.
    p. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be

obtained by agencies directly from the Applicants. If an agency does
not file comments within the time specified for filing comments, it
will be presumed to have no comments. One copy of an agency's comments
must also be sent to the Applicants' representatives.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-24979 Filed 10-4-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 79 (Thursday, April 23, 2020)]
[Notices]
[Pages 22743-22744]
[FR Doc No: 2020-08455]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2020-0002; Internal Agency Docket No. FEMA-B-2014]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency; DHS.

ACTION: Notice; correction.

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

SUMMARY: On March 13, 2020, FEMA published in the Federal Register a
proposed flood hazard determination notice that contained an erroneous

table. This notice provides corrections to that table, to be used in
lieu of the information published. The table provided here represents
the proposed flood hazard determinations and communities affected for
Ellsworth County, Kansas and Incorporated Areas.

DATES: Comments are to be submitted on or before June 11, 2020.

ADDRESSES: The Preliminary Flood Insurance Rate Map (FIRM), and where
applicable, the Flood Insurance Study (FIS) report for each community
are available for inspection at both the online location and the
respective Community Map Repository address listed in the table below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-2014, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed in the table below, in
accordance with Section 110 of the Flood Disaster Protection Act of
1973, 42 U.S.C. 4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own, or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and are also used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP may only be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://floodsrp.org/pdfs/srp_fact_sheet.pdf.
    The communities affected by the flood hazard determinations are
provided in the table below. Any request for reconsideration of the
revised flood hazard determinations shown on the Preliminary FIRM and
FIS report that satisfies the data requirements outlined in 44 CFR
67.6(b) is considered an appeal. Comments unrelated to the flood hazard
determinations will also be considered before the FIRM and FIS report
are made final.

Correction

    In the proposed flood hazard determination notice published at 85
FR 14694 in the March 13, 2020, issue of the Federal Register, FEMA
published a table titled Ellsworth County, Kansas and Incorporated
Areas. This table contained inaccurate information as to the community
map repository for the City of Lorraine featured in the table.
    In this document, FEMA is publishing a table containing the
accurate information. The information provided below should be used in
lieu of that previously published. (Catalog of Federal Domestic
Assistance No. 97.022, ``Flood Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
             Ellsworth County, Kansas and Incorporated Areas
         Project: 17-07-0009S Preliminary Date: August 14, 2019
------------------------------------------------------------------------
City of Holyrood.......................  City Hall, 110 South Main
                                          Street, Holyrood, KS 67450.
City of Lorraine.......................  City Hall, 238 Main Street,
                                          Lorraine, KS 67459.
Unincorporated Areas of Ellsworth        Ellsworth County Courthouse,
 County.                                  210 North Kansas Avenue,
                                          Ellsworth, KS 67439.
------------------------------------------------------------------------

[FR Doc. 2020-08455 Filed 4-22-20; 8:45 am]
 BILLING CODE P


[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Rules and Regulations]
[Pages 57717-57720]
[FR Doc No: 2015-24323]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-0400]
RIN 1625-AA08

Special Local Regulations; Temporary Change for Recurring Marine
Event in the Fifth Coast Guard District

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is temporarily changing the enforcement
periods of special local regulations for a recurring marine event in
the Fifth Coast Guard District. These regulations apply to the Ocean
City Maryland Offshore Grand Prix, a recurring marine event, which will
take place this year on October 3-4, 2015. Special local regulations
are necessary to provide for the safety of life on navigable waters
during the event. This action is intended to restrict vessel traffic in
a portion of the North Atlantic Ocean near Ocean City, MD, during the
event.

DATES: This rule is effective from October 3, 2015, to October 4, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0400]. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ronald Houck, U.S. Coast Guard Sector Baltimore, MD;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Regulatory History and Information

    This marine event is regulated at 33 CFR 100.501. On July 16, 2015,
we published a notice of proposed rulemaking (NPRM) entitled ``Special
Local Regulations; Temporary Change for Recurring Marine Event in the
Fifth Coast Guard District'' in the Federal Register (80 FR 42069). We
received no comments on the proposed rule. No public meeting was
requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The Coast Guard received late
notice from event planners of the date change. Because of this late
notice, it is impracticable to publish the final rule more than thirty
days before the event. In addition, it is unnecessary to have a thirty
day delayed effective date for this rule, because the change will not
meaningfully effect waterways users. This event occurs every year and
is well known in the community. During the comment period regarding the
changed date for the NPRM, no comments were received. The Coast Guard
will provide advance notifications to users of the affected waterways
of the regulated area via marine information broadcasts and local
notice to mariners.

B. Basis and Purpose

    The legal basis and authorities for this rulemaking establishing a
special local regulation are found in 33 U.S.C. 1233, which authorize
the Coast Guard to establish and define special local regulations. The
Captain of the Port Baltimore is establishing a special local
regulation for the waters of the North Atlantic Ocean, near Ocean City,
MD, to protect event participants, spectators and transiting vessels
during the Ocean City Maryland Offshore Grand Prix.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received no comments in response to the NPRM. No
public meeting was requested and none was held.
    Through this regulation, the Coast Guard is temporarily changing
the enforcement period of special local regulations for a recurring
marine event in the Fifth Coast Guard District. This rule changes the
enforcement periods for the ``Ocean City Maryland Offshore Grand Prix''
marine event that is listed at 33 CFR 100.501, Table to Sec.  100.501.
This regulation temporarily changes the enforcement periods for this
marine event for 2015 only. The enforcement dates for 2015 are October
3rd and 4th, 2015.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these 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.
    The economic impact of this rule is not significant for the
following reasons: The regulated area will be in effect from 10:30 a.m.
to 5:30 p.m. on October 3, 2015 and from 10:30 a.m. to 5:30 p.m. on
October 4, 2015, the regulated area has been narrowly tailored to
impose the least impact on general navigation, yet provide the level of
safety deemed necessary, and advance notifications will be made to the
maritime community via marine information broadcasts and local notices
to mariners, so mariners can adjust their plans accordingly.
Additionally, this rulemaking does not change the permanent regulated
areas that have been published in 33 CFR 100.501, Table to Sec.
100.501. For the above reasons, the Coast Guard does not anticipate any
significant economic impact.

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 received 0 comments from the Small Business
Administration on this rule. 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 the following entities, some of which may be
small entities: The owners or operators of vessels intending to operate
or transit through or within, or anchor in, the area where the marine
event is being held.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the reasons stated under
paragraph D.1., Regulatory Planning and Review.

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 implementation of regulations within 33
CFR part 100 applicable to organized marine events on the navigable
waters of the United States that could negatively impact the safety of
waterway users and shore side activities in the event area. The
category of water activities includes but is not limited to sail boat
regattas, boat parades, power boat racing, swimming events, crew
racing, canoe and sail board racing. This rule is categorically
excluded from further review under paragraph 34(h) 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. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.

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 amends
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: 33 U.S.C. 1233.

0
2. In Sec.  100.501, amend the Table to Sec.  100.501 by suspending
line No. (b.)21 and adding line No. (b.)24 to read as follows:

Sec.  100.501  Special Local Regulations; Marine Events in the Fifth
Coast Guard District.

* * * * *
    Table to Sec.  100.501

[All coordinates listed in the Table to Sec.  100.501 reference Datum
NAD 1983]

----------------------------------------------------------------------------------------------------------------
     No.             Date              Event             Sponsor                        Location
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
                                  (b.) Coast Guard Sector Baltimore--COTP Zone

                                                  * * * * * * *
24..........  October 3 and 4,   Ocean City         Offshore           The waters of the North Atlantic Ocean
               2015.              Maryland           Performance        commencing at a point on the shoreline
                                  Offshore Grand     Assn. Racing,      at latitude 38[deg]25'42'' N., longitude
                                  Prix.              LLC.               075[deg]03'06'' W.; thence east
                                                                        southeast to latitude 38[deg]25'30'' N.,
                                                                        longitude 075[deg]02'12'' W., thence
                                                                        south southwest parallel to the Ocean
                                                                        City shoreline to latitude
                                                                        38[deg]19'12'' N., longitude
                                                                        075[deg]03'48'' W.; thence west
                                                                        northwest to the shoreline at latitude
                                                                        38[deg]19'30'' N., longitude
                                                                        075[deg]05'00'' W.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    Dated: August 27, 2015.
Lonnie P. Harrison, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Baltimore.
[FR Doc. 2015-24323 Filed 9-24-15; 8:45 am]
 BILLING CODE 9110-04-P