[Federal Register Volume 86, Number 78 (Monday, April 26, 2021)]
[Notices]
[Pages 22046-22047]
[FR Doc No: 2021-08607]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 15090-000]

Energy Recycling Company, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On February 8, 2021, Energy Recycling Company, LLC, filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act, proposing to study the feasibility of the Bigstone
Pumped Storage Project (Bigstone Project or project) to be located near
the City of Milbank, Grant County, South Dakota. The sole purpose of a
preliminary permit, if issued, is to grant the permit holder priority
to file a license application during the permit term. A preliminary
permit does not authorize the permit holder to perform any land-
disturbing activities or otherwise enter upon lands or waters owned by
others without the owners' express permission.
    The proposed project is a closed loop pumped storage project that
would consist of the following: (1) A 55-foot-high, 120-acre-area
circular upper reservoir constructed as a concrete-lined rockfill
embankment with a total storage capacity of approximately 3,500 acre-
feet operating between a maximum water surface elevation of 1,145 feet
mean sea level (msl) and a minimum water surface elevation of 1,095
feet msl; (2) a reinforced concrete ``morning glory'' type upper intake
of circular configuration with a maximum outside diameter of
approximately 100-feet and an inside diameter of 18-feet; (3) a 2,800-
foot-long, 16-foot-diameter vertical penstock excavated in granitic
bedrock and steel-lined extending between the upper intake and the
pump/turbines below; (4) an underground eight concentric circular
tunnels lower reservoir with diameters from 5,400 feet to 4,200 feet
excavated in granitic bedrock, located 2,500 feet below the ground
surface elevation of 1,095 feet msl, with a usable storage capacity
approximately the same as the upper reservoir and operational water
elevations between minus 1,410 feet msl and minus 1,452.5 feet msl; (5)
a 200-foot-long, 70-foot-wide, 130-foot-high powerhouse located 300
feet below the lower reservoir containing two reversible Francis pump/
turbine-motor/generator units rated for 333 megawatts each; (6) a 240-
foot-long, 50-foot-wide, 40-foot-high underground transformer gallery;
(7) a 200-foot-square above ground substation; (8) a 1.5-mile-long,
345-kilovolt (kV) transmission line extending from the substation to an
existing 345-kV transmission line owned by others; and (9) appurtenant
facilities. There would be no federal land within the proposed project
boundary. The estimated annual generation of the Bigstone Project would
be 1,450 gigawatt-hours.
    Applicant Contact: Mr. Douglas Spaulding, P.E., Nelson Energy, 8441
Wayzata Blvd., Suite 101, Golden Valley, MN 55426; phone: (952) 544-
8133.
    FERC Contact: Sergiu Serban; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at

<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852. The first page of any filing should include docket
number P-15090-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-15090) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: April 20, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-08607 Filed 4-23-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 75, Number 220 (Tuesday, November 16, 2010)]
[Notices]
[Page 70018]
[FR Doc No: 2010-28839]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1928-DR; Docket ID FEMA-2010-0002]

Iowa; Amendment No. 3 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Iowa (FEMA-1928-DR), dated July 27, 2010, and related
determinations.

DATES: Effective Date: November 3, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, John E. Long,
of FEMA is appointed to act as the Federal Coordinating Officer for
this disaster.
    This action terminates the appointment of Thomas A. Hall as Federal
Coordinating Officer for this disaster.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-28839 Filed 11-15-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 77, Number 215 (Tuesday, November 6, 2012)]
[Notices]
[Pages 66600-66601]
[FR Doc No: 2012-27016]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. DI13-1-000]

DR6275 LLC; Notice of Declaration of Intention and Soliciting
Comments, Protests, and/or Motions To Intervene

    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Declaration of Intention.
    b. Docket No: DI13-1-000.
    c. Date Filed: October 22, 2012.
    d. Applicant: DR6275 LLC.
    e. Name of Project: Yagel Creek Micro Hydro Project.
    f. Location: The proposed Yagel Creek Micro Hydro Project will be
located on Yagel Creek, near the town of Lava Hot Springs, Bannock
County, Idaho, affecting T. 10 S., R. 38 E., sec. 33, Boise Meridian.
    g. Filed Pursuant to: Section 23(b)(1) of the Federal Power Act, 16
U.S.C. 817(b).
    h. Applicant Contact: Roland Evans, 4664 NE Beaumead Lane,
Portland, Oregon 97124; telephone:<PHONE_NUMBER>; email: www.therevans
@comcast.net.
    i. FERC Contact: Any questions on this notice should be addressed
to Henry Ecton,<PHONE_NUMBER>, or email address<EMAIL_ADDRESS>    j. Deadline for filing comments, protests, and/or motions is: 30
days from the issuance of this notice by the Commission.
    Comments, Motions to Intervene, and Protests may be filed
electronically via the Internet. See 18 CFR 385.2001(a)(l)(iii) and the
instructions on the Commission's Web site under the ``eFiling'' link.
If unable to be filed electronically, documents may be paper-filed. To
paper-file, an original and eight copies should be mailed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426. For more information on how to submit
these types of filings, please go to the Commission's Web site located
at http://www.ferc.gov/filing-comments.asp.
    Please include the docket number (DI13-1-000) on any comments,
protests, and/or motions filed.
    k. Description of Project: The proposed run-of-river Yagel Creek
Micro Hydro Project will consist of: (1) A rock diversion into a
screened intake; (2) a buried 4-inch-diameter, 2,100-foot-long
penstock; (3) a powerhouse containing an 1,800-watt turbine/generator;
(4) an 1,800-foot-long transmission line; (5) a short tailrace
directing the water back into the creek; and (6) appurtenant
facilities. The power generated will be used in a local cabin.
    When a Declaration of Intention is filed with the Federal Energy
Regulatory Commission, the Federal Power Act requires the Commission to
investigate and determine if the interests of interstate or foreign
commerce would be affected by the project. The Commission also
determines whether or not the project: (1) Would be located on a
navigable waterway; (2) would occupy

or affect public lands or reservations of the United States; (3) would
utilize surplus water or water power from a government dam; or (4) if
applicable, has involved or would involve any construction subsequent
to 1935 that may have increased or would increase the project's head or
generating capacity, or have otherwise significantly modified the
project's pre-1935 design or operation.
    l. Locations of the Application: Copies of this filing are on file
with the Commission and are available for public inspection. This
filing may be viewed on the web at http://www.ferc.gov using the
``eLibrary'' link. Enter the Docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<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. Filing and Service of Responsive Documents--All filings must
bear in all capital letters the title ``COMMENTS'', ``PROTESTS'', AND/
OR ``MOTIONS TO INTERVENE'', as applicable, and the Docket Number of
the particular application to which the filing refers. A copy of any
Motion to Intervene must also be served upon each representative of the
Applicant specified in the particular application.
    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 Applicant. 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 Applicant's representatives.

    Dated: October 31, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-27016 Filed 11-5-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 202 (Thursday, October 20, 2022)]
[Notices]
[Pages 63772-63773]
[FR Doc No: 2022-22774]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 7186-054]

Missisquoi, LLC; Notice of Application Tendered for Filing With
the Commission and Soliciting Additional Study Requests and
Establishing Procedural Schedule for Relicensing and a Deadline for
Submission of Final Amendments

    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.: 7186-054.
    c. Date Filed: September 30, 2022.
    d. Applicant: Missisquoi, LLC.
    e. Name of Project: Sheldon Springs Hydroelectric Project.
    f. Location: On the Missisquoi River in Franklin County, Vermont.
The project does not occupy any federal land.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Kevin Webb, Licensing Manager,
Missisquoi, LLC, 670 N Commercial St., Suite 204, Manchester, NH 03101;
Phone at<PHONE_NUMBER>, or email at [email protected].
    i. FERC Contact: John Baummer at<PHONE_NUMBER>, or
[email protected].
    j. Cooperating Agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item l below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See 94 FERC ]
61,076 (2001).

    k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if any resource agency, Indian Tribe, or person believes
that an additional scientific study should be conducted in order to
form an adequate factual basis for a complete analysis of the
application on its merit, the resource agency, Indian Tribe, or person
must file a request for a study with the Commission not later than 60
days from the date of filing of the application, and serve a copy of
the request on the applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: November 29, 2022.
    The Commission strongly encourages electronic filing. Please file
additional study requests and requests for cooperating agency status
using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. For assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
MD 20852. All filings must clearly identify the project name and docket
number on the first page: Sheldon Springs Hydroelectric Project (P-
7186-054).
    m. The application is not ready for environmental analysis at this
time.
    n. Project Description: The existing Sheldon Springs Hydroelectric
Project consists of: (1) a 283-foot-long, 35.5-foot-high concrete
overflow Ambursen-type buttress dam that includes a 262-foot-long
spillway with 2-foot-high wooden flashboards and a 16-foot-long, 8-
foot-high hydraulically operated flap gate; (2) an impoundment with a
surface area of approximately 175 acres; (3) the Main Powerhouse
containing two identical vertical Kaplan turbine-generator units with a
total capacity of 20,500 kilowatts (kW); (4) the South Mill Powerhouse
that includes a 1,000-kW Francis-type turbine-generator unit; (5) the
Grinder Room Powerhouse that includes two Francis-type turbine-
generator units with a total capacity of 3,300 kW; (6) a 165-kW Kaplan
turbine-generator unit located in one of the dam's Ambursen bays; (7)
two transmission lines; and (8) appurtenant facilities. The project
creates an approximately 4,700-foot-long bypassed reach of the
Missisquoi River.
    Missisquoi, LLC voluntarily operates the project in a run-of-river
mode such that outflow from the project approximates inflow. The
minimum and maximum hydraulic capacities of the powerhouses are 70 and
3,342 cubic feet per second (cfs), respectively. The average annual
generation of the project was approximately 69,277 megawatt-hours from
2010 to 2020.
    For the purpose of protecting aquatic resources, Article 35 of the
current license requires Missisquoi, LLC to release: (1) a minimum flow
of 70 cfs or inflow, whichever is less, to the bypassed reach; (2) a
minimum flow of 270 cfs or inflow, whichever is less, as measured
immediately below the tailrace of the South Mill Powerhouse; and (3) a
minimum flow of 285 cfs or inflow, whichever is less, as measured
immediately below the tailrace of the Main Powerhouse.
    The applicant proposes to: (1) operate the project in a run-of-
river mode; (2) release a 70-cfs minimum bypassed reach flow or inflow,
whichever is less; (3) release a 285-cfs minimum flow downstream of the
South Mill Powerhouse or inflow, whichever is less; (4) implement an
impoundment refill procedure, in the event of a drawdown of the
impoundment, whereby 90 percent of inflow is passed downstream and 10
percent of inflow is used to refill the impoundment; (5) release
approximately 13 cfs over the flashboard crest from 7:00 a.m. to 8:00
p.m. from May 1 to October 31; (6) develop an operation compliance
monitoring plan; (7) install a 400-foot-long path from the canoe
portage takeout to a public road; (8) install a two-car parking area
for canoe portage; (9) improve the existing whitewater boating access
points; and (10) implement erosion control measures to protect cultural
resources.
    o. In addition to publishing the full text of this notice in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this notice, as well
as other documents in the proceeding (e.g., license application) via
the internet through the Commission's Home Page (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. 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 on March 13,
2020. For assistance, contact FERC at [email protected] or
call toll-free,<PHONE_NUMBER> or<PHONE_NUMBER> (TTY).
    You may also register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    p. Procedural Schedule: The application will be processed according
to the following preliminary schedule. Revisions to the schedule will
be made as appropriate.

Issue Deficiency Letter and Request Additional Information: November
2022
Issue Scoping Document 1 for comments: February 2023
Request Additional Information (if necessary): March 2023
Issue Acceptance Letter: March 2023
Issue Scoping Document 2 (if necessary): April 2023
Issue Notice of Ready for Environmental Analysis: April 2023

    q. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: October 14, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-22774 Filed 10-19-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 69 (Wednesday, April 10, 2019)]
[Notices]
[Pages 14358-14359]
[FR Doc No: 2019-07042]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC19-19-000]

Commission Information Collection Activities (FERC-542); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of information collection and request for comments.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on the currently approved
information collection, FERC-542 (Gas Pipeline Rates: Rate Tracking).

DATES: Comments on the collection of information are due June 10, 2019.

ADDRESSES: You may submit comments (identified by Docket No. IC19-19-
000) by either of the following methods:
     eFiling at Commission's website: http://www.ferc.gov/docs-filing/efiling.asp
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance, contact FERC Online Support
by email at [email protected], or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
[email protected], telephone at<PHONE_NUMBER>, and fax at (202)
273-0873.

SUPPLEMENTARY INFORMATION:
    Title: FERC-542, Gas Pipelines Rates: Rate Tracking.
    OMB Control No.: 1902-0070.
    Type of Request: Three-year extension of the FERC-542 information
collection requirements with no changes to the current reporting
requirements.
    Abstract: The information collected by FERC-542 is used by the
Commission to implement the statutory provisions of Title IV of the
Natural Gas Policy Act (NGPA), 15 U.S.C. 3301-3432, and sections 4, 5
and 16 of the Natural Gas Act (NGA) (Pub. L. 75-688) (15 U.S.C. 717-
717w). These statutes allow the Commission to collect natural gas
transmission cost information from interstate natural gas pipelines for
the purpose of verifying that these costs, which are passed on to
customers, are just and reasonable.
    Natural gas pipelines are required by the Commission to track their
transportation costs to allow for the Commission's review and, where
appropriate, approve the pass-through of these costs to pipeline
customers. FERC-542 accounts for costs involving: (1) Research,
development, and deployment expenditures; (2) annual charge
adjustments; and (3) periodic rate adjustments.
    FERC-542 filings may be submitted at any time or on a regularly
scheduled basis in accordance with the pipeline company's tariff.
Filings may be either: (1) Accepted; (2) suspended and set for hearing;
(3) minimal suspension; or (4) suspended for further review, such as
technical conference or some other type of Commission action.
    The Commission implements these filing requirements in the Code of
Federal Regulations (CFR) under 18 CFR part 154, 154.107, 154.4, 154.7,
154.201, and 154.401-154.403.

    Type of Respondents: Jurisdictional Natural Gas Pipelines.
    Estimate of Annual Burden: \1\ The Commission estimates the total
burden and cost for this information collection as follows:
---------------------------------------------------------------------------

    \1\ Burden is the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. For further
explanation of what is included in the information collection
burden, refer to Title 5 Code of Federal Regulations 1320.3.

                                                      FERC-542 (Gas Pipeline Rates: Rate Tracking)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Total annual
                                                             Number of     Annual number   Total number   Average burden  burden hours &   Cost ($) per
                  FERC data collection                      respondents    of responses    of responses    hours & cost    total annual     respondent
                                                                (1)       per respondent    (1)*(2)=(3)   per respondent  cost (rounded)  (rounded) (5)/
                                                                                (2)                          (4) \ 2\      (3)*(4) = (5)        (1)
--------------------------------------------------------------------------------------------------------------------------------------------------------
FERC-542................................................              90               2             180     2 hrs; $158        360 hrs;            $158
                                                                                $28,440
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................  ..............  ..............  ..............  ..............        360 hrs;
                                                                                $28,440
--------------------------------------------------------------------------------------------------------------------------------------------------------
\2\ FERC staff estimates that industry costs for salary plus benefits are similar to Commission costs. The cost figure is the FY2018 FERC average annual
  salary plus benefits ($164,820/year or $79/hour).

    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.

    Dated: April 3, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-07042 Filed 4-9-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 175 (Tuesday, September 10, 2019)]
[Rules and Regulations]
[Pages 47431-47433]
[FR Doc No: 2019-19545]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0725]
RIN 1625-AA00

Safety Zone; Newtown Creek, New York, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 300-foot radius of the Kosciuszko Bridge
spans crossing Newtown Creek at mile 2.1. The safety zone is needed to
protect personnel, vessels, and the marine environment from potential
hazards created by final stay cable adjustments at each bridge tower
anchorage conducted from barges within Newtown Creek. Entry of vessels
or persons into this zone is prohibited unless specifically authorized
by the U.S. Coast Guard Sector New York Captain of the Port (COTP) or
the COTP's designated representative.

DATES: This rule is effective without actual notice from September 10,
2019 through November 30, 2019. For the purposes of enforcement, actual
notice will be used from August 27, 2019 through September 10, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0725 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 Mr. Jeff Yunker, Waterways Management Division, U.S.
Coast Guard Sector New York, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port New York
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
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 because doing so would be impracticable. The
late finalization of project details did not give the Coast Guard
enough time to publish an NPRM, take public comments, and issue a final
rule before the final stay cable adjustments at each bridge tower
anchorage is set to begin. It would be impracticable to delay
promulgating this rule as it is necessary to establish this safety zone
before the bridge stay cable adjustments begin on, or about, August 27,
2019, to protect the safety of the waterway users, construction crew,
and other personnel associated with the bridge replacement project. A
delay of the replacement project to accommodate a full notice and
comment period would delay necessary operations, result in increased
costs, delay the date when the replacement bridge span is expected to
be completed and open for normal vehicle traffic on August 28, 2019.
    The final stay cable adjustment operations could take place anytime
between August 27, 2019 and November 30, 2019. However, we anticipate
the installation operations to begin on August 27, 2019. The Coast
Guard is publishing this rule to be effective through November 30, 2019
in case the project is delayed due to unforeseen circumstances.
    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. Delaying the effective date of this rule would be
impracticable because immediate action is needed to respond to the
potential safety hazards associated with final stay cable adjustments
conducted from barges in the navigable waters of Newtown Creek prior to
the Kosciuszko Bridge westbound span opening for vehicle traffic.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port New York
(COTP) has determined that potential hazards associated with final stay
cable adjustments starting August 27, 2019, will be a safety concern
for anyone within a 300-foot radius of the Kosciuszko Bridge spans at
mile 2.1 over Newtown Creek. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone while the bridge construction is completed.

IV. Discussion of the Rule

    This rule establishes a safety zone from August 27, 2019 through
November 30, 2019. The safety zone will cover all navigable waters
within 300 feet of the Kosciuszko Bridge spans at mile 2.1 over Newtown
Creek while vessels and machinery are being used by personnel to make
final stay cable adjustments at each bridge tower anchorage. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters while the bridge cable
stays are being adjusted. No vessel or person will be permitted to
enter the safety zone without obtaining permission from the COTP or a
designated representative.

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 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the following
reasons: (1) The safety zone only impacts a small designated area of
Newtown Creek, (2) the safety zone will only be enforced for
approximately 30 hours from 5 p.m. on August 27, 2019 through 11 p.m.
on August 28, 2019, instead of the originally requested 48 hours,
during the final stay cable adjustments at each bridge tower anchorage
on each side of Newtown Creek, or if there is an emergency or other
unforeseen circumstance, (3) the contractor has already contacted
previously identified upstream users about this waterway closure and
received no negative responses. Moreover, the Coast Guard will issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, issue a notice in the Local Notice to Mariners, and the rule
would allow 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
call or email 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 call or email 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 an 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
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone lasting only 30 hours
that will prohibit entry within 300 feet of the Kosciuszko Bridge spans
crossing Newtown Creek at mile 2.1 while final stay cable adjustments
are being made. It is categorically excluded from further review under
paragraph L60(a) in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures. A Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES.

G. Protest Activities

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

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:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T01-0725 to read as follows:

Sec.  165.T01-0725   Safety Zone, Newtown Creek, New York, NY.

    (a) Location. The following area is a safety zone: All waters of
Newtown Creek within a 300-foot radius of the Kosciuszko Bridge spans
at mile 2.1.
    (b) Definitions. As used in this section:
    Designated representative means any Coast Guard commissioned,
warrant, petty officer, or designated Patrol Commander of the U.S.
Coast Guard who has been designated by the Captain of the Port, Sector
New York (COTP), to act on his or her behalf. The 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 the regulations in this section.
    Official patrol vessels means any Coast Guard, Coast Guard
Auxiliary, state, or local law enforcement vessels assigned or approved
by the COTP to enforce this section.
    (c) Regulations. (1) The general regulations contained in
Sec. Sec.  165.20 and 165.23 apply.
    (2) During periods of enforcement, no person or vessel may enter or
remain in the safety zone described in paragraph (a) of this section
unless authorized by the Captain of the Port (COTP) or the COTP's
designated representative. However, any vessel that is granted
permission by the COTP or the COTP's designated representative must
proceed through the area with caution and operate at a speed no faster
than that speed necessary to maintain a safe course, unless otherwise
required by the Navigation Rules.
    (3) During periods of enforcement, any vessels transiting must
comply with all orders and directions from the COTP or the COTP's
designated representative.
    (4) Upon being hailed by a Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel must proceed
as directed by the Coast Guard.
    (5) The COTP will promulgate a notice of the channel closure or
restrictions by appropriate means to the affected segments of the
public. Such means of notification may include, but are not limited to,
LNM and/or Broadcast Notice to Mariners.
    (d) Enforcement periods. (1) This section is effective without
actual notice from September 11, 2019 through November 30, 2019. For
the purposes of enforcement, actual notice will be used from August 27,
2019 through September 11, 2019. This section will only be enforced
during the final stay cable adjustments at each bridge tower anchorage.
    (2) If enforcement is suspended, the COTP will promulgate a notice
of the suspension of enforcement by appropriate means. Such means of
notification may include, but are not limited to, Broadcast Notice to
Mariners and/or LNM. Such notification will include the approximate
date and time enforcement will be suspended as well as the approximate
date and time enforcement will resume.
    (3) Violations of the regulations in this section may be reported
to the COTP at<PHONE_NUMBER> or on VHF-Channel 16.

    Dated: August 21, 2019.
J.P. Tama,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2019-19545 Filed 9-9-19; 8:45 am]
 BILLING CODE 9110-04-P