[Federal Register: January 26, 2009 (Volume 74, Number 15)]
[Notices]
[Page 4496-4498]
[DOCID:fr26ja09-135]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59255; File No. SR-NYSE-2009-02]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by New York Stock Exchange LLC
Extending Until March 9, 2009, the Operation of Interim NYSE Rule 128
Which Permits the Exchange To Cancel or Adjust Clearly Erroneous
Executions If They Arise Out of the Use or Operation of Any Quotation,
Execution or Communication System Owned or Operated by the Exchange,
Including Those Executions That Occur in the Event of a System
Disruption or System Malfunction

January 15, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on January 9, 2009, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to extend until March 9, 2009, the operation
of interim NYSE Rule 128 (``Clearly Erroneous Executions for NYSE
Equities'') which permits the Exchange to cancel or adjust clearly
erroneous executions if they arise out of the use or operation of any
quotation, execution or communication system owned or operated by the
Exchange, including those executions that occur in the event of a
system disruption or system malfunction.

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

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

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

1. Purpose
    The Exchange proposes to extend until March 9, 2009, the operation
of interim NYSE Rule 128 (``Clearly Erroneous Executions for NYSE
Equities'') which permits the Exchange to cancel or adjust clearly
erroneous executions if they arise out of the use or operation of any
quotation, execution or communication system owned or operated by the
Exchange, including those executions that occur in the event of a
system disruption or system malfunction.
    Prior to the implementation of NYSE Rule 128 on January 28,
2008,\4\ the NYSE did not have a rule providing the Exchange with the
authority to cancel or adjust clearly erroneous trades of securities
executed on or through the systems and facilities of the NYSE.
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    \4\ See Securities Exchange Act Release No. 57323 (February 13,
2008), 73 FR 9371 (February 20, 2008) (SR-NYSE-2008-09).
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    In order for the NYSE to be consistent with other national
securities exchanges which have some version of a clearly erroneous
execution rule, the Exchange is drafting an amended clearly erroneous
rule which will accommodate such other exchanges but will be
appropriate for the NYSE market model.
    The NYSE notes that the Commission approved an amended clearly
erroneous execution rule for Nasdaq in May 2008.\5\ On July 28, 2008,
the Exchange filed with the SEC a request to extend the operation of
interim Rule 128 until October 1, 2008 \6\ in order to review the
provisions of Nasdaq's clearly erroneous rule and to consider
integrating similar standards into its own amendment to Rule 128. On
October 1, 2008,\7\ the Exchange filed with the SEC a further request
to extend the operation of interim Rule 128 until January 9, 2009 in
order to consider integrating similar standards into the amendment to
Rule 128. The Exchange is in the process of

finalizing its review of Nasdaq's amended rule and additional market
wide CEE initiatives which, if appropriate, may be included in the
proposed amendment of Rule 128 and the Exchange is, therefore,
requesting to extend the operation of interim Rule 128 until March 9,
2009. Prior to March 9, 2009, the Exchange intends to file a 19b-4 rule
change amending interim Rule 128, which, if approved by the SEC, will
be effective after March 9, 2009.
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    \5\ See Securities Exchange Act Release No. 57826 (May 15,
2008), 73 FR 29802 (May 22, 2008) (SR-NASDAQ-2007-001).
    \6\ See Securities Exchange Act Release No. 58328 (August 8,
2008), 73 FR 47247 (August 13, 2008) (SR-NYSE-2008-63).
    \7\ See Securities Exchange Act Release No. 58732 (October 3,
2008), 73 FR 61183 (October 15, 2008) (SR-NYSE-2008-99).
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2. Statutory Basis
    The basis under the Securities Exchange Act of 1934 (the ``Act'')
\8\ for this proposed rule change is the requirement under Section
6(b)(5) \9\ that an Exchange have rules that are designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system and, in general, to protect investors and the public interest.
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    \8\ 15 U.S.C. 78f(a).
    \9\ 15 U.S.C. 78f(b)(5).
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    As articulated more fully above, the proposed rule would place the
NYSE on equal footing with other national securities exchanges. This
will promote the integrity of the market and protect the public
interest, since it would permit all exchanges to cancel or adjust
clearly erroneous trades when such trades occur, rather than canceling
them on all other markets, but leaving them standing on only one
market.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) \10\ of the Act and Rule 19b-4(f)(6) \11\ thereunder. The
proposed rule change effects a change that (A) does not significantly
affect the protection of investors or the public interest; (B) does not
impose any significant burden on competition; and (C) by its terms,
does not become operative for 30 days after the date of the filing, or
such shorter time as the Commission may designate if consistent with
the protection of investors and the public interest; provided that the
self-regulatory organization has given the Commission written notice of
its intent to file the proposed rule change, along with a brief
description and text of the proposed rule change, at least five
business days prior to the date of filing of the proposed rule change,
or such shorter time as designated by the Commission.
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
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    The Exchange believes that good cause, consistent with the
provisions of Rule 19b-4(f)(6), exists to justify making the rule
change immediately effective. Because the proposed rule is based on a
rule that has been previously approved by the Commission, and because
the proposed rule would in any event be operative only until a more
robust and market-appropriate rule was implemented, the NYSE believes
that the proposed rule is non-controversial. Moreover, the NYSE
believes that the absence of such a rule in an automated and fast-paced
trading environment poses a danger to the integrity of the markets and
the public interest, and that this exigency justifies filing the rule
for immediate effectiveness rather than using the regular Rule 19b-2
process, which would require the Exchange to continue without the
protection of the proposed rule until the expiration of the prescribed
time periods for notice, comment and approval. In contrast, immediate
effectiveness of the proposed rule will immediately and timely enable
the NYSE to cancel or adjust clearly erroneous trades that may present
a risk to the integrity of the equities markets and all related
markets. The proposed rule will also allow the Exchange to protect
customers and the public interest, and to continue to provide
economically efficient execution of securities transactions.
    The NYSE also requests that the Commission waive the five-day
period for notice of intent to file this proposed rule change, and the
30-day period before the rule becomes operative, both of which are
prescribed by Rule 19b-4(f)(6), but which may be waived pursuant to
Rule 19b-4(f)(6)(iii) \12\ if such action is consistent with the
protection of investors and public interest.\13\ The Exchange believes
that waiver of these time periods so that the rule may be immediately
operative are consistent with the protection of investors and the
public interest for the reasons described above.
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    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ In fact, the Commission notes, under Rule 19b-4(f)(6)(iii),
the ``consistent with the protection of investors and public
interest'' standard applies only to the Commission's waiver of the
30-day operative delay. Rule 19b-4(f)(6)(iii) requires a self-
regulatory organization to give the Commission written notice of its
intent to file the proposed rule change at least five business days
prior to the date of filing of the proposed rule change, or such
shorter time as designated by the Commission.
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    The Commission believes that waiving the 30-day operative delay
will allow the Exchange to continue to immediately and timely cancel or
adjust trades that it determines to be clearly erroneous under Rule
128. The Commission believes that the extension of NYSE Rule 128 until
March 9, 2009 will allow the Exchange to continue to apply the rule
without interruption and is consistent with the protection of investors
and the public interest. The Commission hereby designates the proposal
as operative upon filing.\14\ The Commission has determined to waive
the five-day prefiling period in this case.
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    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2009-02 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2009-02. This file
number should be included on the subject line if e-mail is used. To
help the

Commission process and review your comments more efficiently, please
use only one method. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for inspection and copying in the
Commission's Public Reference Room, 100 F Street, NE., Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of such filing also will be available for inspection and
copying at the principal office of the NYSE. All comments received will
be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2009-02 and should be submitted on
or before February 17, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E9-1463 Filed 1-23-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 112 (Monday, June 12, 2023)]
[Notices]
[Pages 38043-38044]
[FR Doc No: 2023-12391]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1494-461]

Grand River Dam Authority; Notice of Application Tendered for
Filing With the Commission and Establishing Procedural Schedule for
Licensing and 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.: 1494-461.
    c. Date Filed: May 30, 2023.
    d. Applicant: Grand River Dam Authority (GRDA).
    e. Name of Project: Pensacola Hydroelectric Project (Pensacola
Project).
    f. Location: The Pensacola Project is located on the Grand (Neosho)
River in Craig, Delaware, Mayes, and Ottawa Counties, Oklahoma. The
project occupies 8.122 acres of federal Trust Land held by the Bureau
of Indian Affairs and 57.69 acres of federal wetland easements.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Darrell Townsend II, Vice President,
Ecosystems and Watershed Management, Grand River Dam Authority, P.O.
Box 70, Langley, OK 74350;<PHONE_NUMBER>, or email at
[email protected].
    i. FERC Contact: Adam Peer at<PHONE_NUMBER>, or email at
[email protected].
    j. This application is not ready for environmental analysis at this
time.
    k. The Pensacola Project consists of: (1) a reservoir--known as
Grand Lake O' the Cherokees (Grand Lake)--with a surface area of 46,056
acres and a storage capacity of 1,440,000 acre-feet at a water surface
elevation of 745 feet Pensacola Datum (PD; Pensacola Datum is 1.07 feet
lower than National Geodetic Vertical Datum of 1928 [NGVD29] and 1.4
feet higher than North American Vertical Datum of 1988 [NAVD88]); (2) a
reinforced-concrete dam consisting of: (a) a west abutment connected to
a 28-foot-long, west non-overflow gravity section; (b) a 4,284-foot-
long, multiple arch section; (c) an 860-foot-long main spillway
containing 21 radial gates; (d) an east abutment connected to a 451-
foot-long, east non-overflow gravity section; (e) a 450-foot-long
middle spillway section containing 11 radial gates located 0.9 mile
east of the east abutment; and (f) a 410-foot-long east spillway
section containing 10 radial gates located 700 feet east of the middle
spillway section; (3) a 23-foot-wide by 75-foot-high intake structure
and trash racks with 3.75-inch bar spacing; (4) six 15-foot-diameter
penstocks supplying flow to the main powerhouse; (5) an 87.75-foot-wide
by 279-foot-long by 45-foot-tall, multi-story, reinforced concrete main
powerhouse containing six generating units of 17,466-kilowatt (kW)
capacity each; (6) a 3-foot-diamater penstock that supplies flow to one
turbine-generator of 500-kW capacity located in a powerhouse
immediately downstream from the dam; (7) an approximate 270-foot-wide,
7,500-foot-long tailrace; (8) single spillway channels located
downstream of each of the three spillway sections; (9) six 450 to 650-
foot-long, 13.8-kilovolt generator leads connecting the turbine-
generator units in the powerhouse to the project switching station; and
(10) appurtenant facilities.
    Under existing normal operation, when the reservoir surface
elevation is below the flood pool elevation of 745 feet PD, the
Pensacola Project is operated to target reservoir surface elevations
known as the rule curve, which are as follows:

----------------------------------------------------------------------------------------------------------------
                   Period                                       Reservoir elevation  (feet PD)
----------------------------------------------------------------------------------------------------------------
May 1 through May 31........................  Raise elevation from 742 to 744.
June 1 through July 31......................  Maintain elevation at 744.
August 1 through August 15..................  Lower elevation from 744 to 743.
August 16 through September 15..............  Maintain elevation at 743.
September 16 through September 30...........  Lower elevation from 743 to 742.
October 1 through April 30..................  Maintain elevation at 742.
----------------------------------------------------------------------------------------------------------------

    When reservoir elevations are either above or projected to rise
above the flood pool elevation of 745 feet PD, the U.S. Army Corps of
Engineers (Corps) directs water releases from the project under the
terms of Section 7 of the Flood Control Act of 1944. When directed to
release water, GRDA first discharges as much water as possible through
the project's turbine units. Once the project has reached the project's
maximum hydraulic capacity, the Corps may direct GRDA to open one or
more spillway gates if the reservoir is still rising, but typically not
unless the reservoir elevation exceeds or is projected to exceed 745
feet PD.
    GRDA implements a Storm Adaptive Management Plan (SAMP) that is
used in anticipation of and during major precipitation events within
the Grand/Neosho River basin that may result in high water conditions
upstream or downstream of Grand Lake. If available information
indicates a high probability of high water occurring, GRDA consults
with the Corps to determine whether the flood pool elevation is
forecasted to exceed 745 feet PD and determine whether any reservoir
management actions can be taken to avoid, reduce, or minimize high
water levels upstream or downstream of the project.
    GRDA currently implements a Drought Adaptive Management Plan (DAMP)
that guides project operations and flow releases in the event of
significant drought conditions. GRDA also implements a Dissolved Oxygen
Mitigation Plan that involves continuously monitoring dissolved oxygen
(DO) downstream of the project dam and initiating turbine releases when
DO drops below 6.5 milligrams per liter (mg/L) from October 16 to June
15 and 5.5 mg/L from June 16 to October 15.
    During normal operation, GRDA proposes to no longer use a rule
curve with seasonal target reservoir elevations. Instead, GRDA proposes
to maintain the reservoir elevation between 742 feet and 745 feet PD
year-round for the purposes of responding to grid demands, market
conditions, and public interest.
    GRDA proposes to continue implementing the DO Mitigation Plan, but
GRDA proposes to no longer implement the SAMP and DAMP.
    l. 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 (P-1494). For assistance, contact FERC at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). At this time, the Commission has suspended access to the
Commission's Public Reference Room. For assistance, contact FERC at
[email protected] or call toll free,<PHONE_NUMBER> or TTY
(202) 502-8659.
    m. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].
    o. Procedural schedule: The application will be processed according
to the following preliminary schedule. Revisions to the schedule will
be made as appropriate.

----------------------------------------------------------------------------------------------------------------
                  Milestone                                               Target date
----------------------------------------------------------------------------------------------------------------
Issue Deficiency Letter (if necessary)......  June 2023.
Request Additional Information (if            July 2023.
 necessary).
Notice of Acceptance/Notice of Ready for      November 2023.
 Environmental Analysis.
Filing of recommendations, preliminary terms  January 2024.
 and conditions, and preliminary fishway
 prescriptions.
----------------------------------------------------------------------------------------------------------------

    p. 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: June 5, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-12391 Filed 6-9-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 201 (Friday, October 16, 2020)]
[Proposed Rules]
[Pages 65782-65787]
[FR Doc No: 2020-20058]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2020-0411; FRL-10014-34]
RIN 2070-AB27

Significant New Use Rules on Certain Chemical Substances (20-9.B)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing significant new use rules (SNURs) under the
Toxic Substances Control Act (TSCA) for chemical substances which are
the subject of premanufacture notices (PMNs). This action would require
persons to notify EPA at least 90 days before commencing manufacture
(defined by statute to include import) or processing of any of these
chemical

substances for an activity that is designated as a significant new use
by this proposed rule. This action would further require that persons
not commence manufacture or processing for the significant new use
until they have submitted a Significant New Use Notice (SNUN), and EPA
has conducted a review of the notice, made an appropriate determination
on the notice, and has taken any risk management actions as are
required as a result of that determination.

DATES: Comments must be received on or before November 16, 2020.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2020-0411, using the Federal eRulemaking Portal
at http://www.regulations.gov. Follow the online instructions for
submitting comments. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.
    Due to the public health emergency, the EPA Docket Center (EPA/DC)
and Reading Room is closed to visitors with limited exceptions. The
staff continues to provide remote customer service via email, phone,
and webform. For the latest status information on EPA/DC services and
docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
William Wysong, Chemical Control Division (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 564-4163; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture,
process, or use the chemical substances contained in this proposed
rule. 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:
     Manufacturers or processors of one or more subject
chemical substances (NAICS codes 325 and 324110), e.g., chemical
manufacturing and petroleum refineries.
    This action may also affect certain entities through pre-existing
import certification and export notification rules under TSCA. Chemical
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import
provisions. This action may also affect certain entities through pre-
existing import certification and export notification rules under TSCA,
which would include the SNUR requirements should these proposed rules
be finalized. The EPA policy in support of import certification appears
at 40 CFR part 707, subpart B. In addition, pursuant to 40 CFR 721.20,
any persons who export or intend to export a chemical substance that is
the subject of this proposed rule on or after November 16, 2020 are
subject to the export notification provisions of TSCA section 12(b) (15
U.S.C. 2611(b)) and must comply with the export notification
requirements in 40 CFR part 707, subpart D.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit CBI to EPA through regulations.gov
or email. Clearly mark the part or all of the information that you
claim to be CBI. For CBI information in a disk or CD-ROM that you mail
to EPA, mark the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Background

A. What action is the Agency taking?

    EPA is proposing these SNURs under TSCA section 5(a)(2) for
chemical substances which are the subjects of PMNs P-16-538 and P-18-
308. These proposed SNURs would require persons who intend to
manufacture or process any of these chemical substances for an activity
that is designated as a significant new use to notify EPA at least 90
days before commencing that activity.
    The record for these proposed SNURs, identified as docket ID number
EPA-HQ-OPPT-2020-0411, includes information considered by the Agency in
developing these proposed SNURs.

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

    TSCA section 5(a)(2) (15 U.S.C. 2604(a)(2)) authorizes EPA to
determine that a use of a chemical substance is a ``significant new
use.'' EPA must make this determination by rule after considering all
relevant factors, including the four TSCA section 5(a)(2) factors
listed in Unit III.

C. Applicability of general provisions

    General provisions for SNURs appear in 40 CFR part 721, subpart A.
These provisions describe persons subject to the rule, recordkeeping
requirements, exemptions to reporting requirements, and applicability
of the rule to uses occurring before the effective date of the rule.
Provisions relating to user fees appear at 40 CFR part 700. Pursuant to
40 CFR 721.1(c), persons subject to these SNURs must comply with the
same SNUN requirements and EPA regulatory procedures as submitters of
PMNs under TSCA section 5(a)(1)(A) (15 U.S.C. 2604(a)(1)(A)). In
particular, these requirements include the information submission
requirements of TSCA sections 5(b) and 5(d)(1) (15 U.S.C. 2604(b) and
2604(d)(1)), the exemptions authorized by TSCA sections 5(h)(1),
5(h)(2), 5(h)(3), and 5(h)(5) and the regulations at 40 CFR part 720.
Once EPA receives a SNUN, EPA must either determine that the use is not
likely to present an unreasonable risk of injury under the conditions
of use for the chemical substance or take such regulatory action as is
associated with an alternative determination before the manufacture or
processing for the significant new use can commence. If EPA determines
that the chemical substance is not likely to present an unreasonable
risk, EPA is required under TSCA section 5(g) to make public, and
submit for publication in the Federal Register, a statement of EPA's
findings.

III. Significant New Use Determination

    TSCA section 5(a)(2) states that EPA's determination that a use of
a chemical substance is a significant new use must be made after
consideration of all relevant factors, including:
     The projected volume of manufacturing and processing of a
chemical substance.
     The extent to which a use changes the type or form of
exposure of human

beings or the environment to a chemical substance.
     The extent to which a use increases the magnitude and
duration of exposure of human beings or the environment to a chemical
substance.
     The reasonably anticipated manner and methods of
manufacturing, processing, distribution in commerce, and disposal of a
chemical substance.
    In determining what would constitute a significant new use for the
chemical substances that are the subject of these SNURs, EPA considered
relevant information about the toxicity of the chemical substances, and
potential human exposures and environmental releases that may be
associated with the substances, in the context of the four bulleted
TSCA section 5(a)(2) factors listed in this unit. During its review of
these chemicals, EPA identified certain conditions of use that are not
intended by the submitters, but reasonably foreseen to occur. EPA is
proposing to designate those reasonably foreseen conditions of use as
well as certain other circumstances of use as significant new uses.

IV. Substances Subject to This Proposed Rule

    EPA is proposing significant new use and recordkeeping requirements
be added to 40 CFR part 721, subpart E for the chemical substances
identified in this unit. For each chemical substance, EPA provides the
following information in this unit:
     PMN number.
     Chemical name (generic name, if the specific name is
claimed as CBI).
     Chemical Abstracts Service (CAS) Registry number (if
assigned for non-confidential chemical identities).
     Basis for the SNUR.
     Potentially Useful Information.
     CFR citation assigned in the regulatory text section of
these proposed rules.
    The regulatory text section of these proposed rules specifies the
activities designated as significant new uses. Certain new uses,
including production volume limits and other uses designated in the
proposed rules, may be claimed as CBI.
    The chemical substances that are the subject of these proposed
SNURs are undergoing premanufacture review. In addition to those
conditions of use intended by the submitter, EPA has identified certain
other reasonably foreseen conditions of use. EPA has preliminarily
determined that the chemicals under their intended conditions of use
are not likely to present an unreasonable risk. However, EPA has not
assessed risks associated with the reasonably foreseen conditions of
use for these chemicals. EPA is proposing to designate these reasonably
foreseen conditions of use and other circumstances of use as
significant new uses. As a result, those significant new uses cannot
occur without first going through a separate, subsequent EPA review and
determination process associated with a SNUN.
    The substances subject to these proposed rules are as follows:

PMN Number: P-16-538.

    Chemical name: 9-Octadecenoic acid (9Z)-, compd. with N-
cyclohexylcyclohexanamine.
    CAS number: 22256-71-9.
    Basis for action: The PMN states that the use of the substance will
be as a corrosion inhibitor and emulsifier for metalworking fluids.
Based on the physical/chemical properties of the PMN substance and
Structure Activity Relationships (SAR) analysis of test data on
analogous substances, EPA has identified concerns for acute toxicity,
reproductive toxicity, serious eye damage, skin irritation, skin
sensitization, and specific target organ toxicity if the chemical is
not used following the limitations noted. This proposed SNUR designates
the following as ``significant new uses'' requiring further review by
EPA:
    1. Domestic manufacture of the PMN substance.
    2. Use of the PMN substance in a consumer product.
    3. Release of the PMN substance resulting in surface water
concentrations that exceed 4 ppb.
    Potentially useful information: EPA has determined that certain
information about the effects of the PMN substance may be potentially
useful if a manufacturer or processor is considering submitting a SNUN
for a significant new use that would be designated by this proposed
SNUR. EPA has determined that the results of aquatic toxicity,
pulmonary effects, reproductive toxicity, and specific target organ
toxicity testing would help characterize the potential environmental
and health effects of the PMN substance.
    CFR citation: 40 CFR 721.11559.

PMN Number: P-18-308

    Chemical name: Bis[(hydroxyalkoxy)aryl]carbopolycyclic (generic).
    CAS number: Not available.
    Basis for action: The PMN states that the generic use of the
substance will be as an additive for engineering plastics. Based on the
physical/chemical properties of the PMN substance and SAR analysis of
test data on analogous substances, EPA has identified concerns for eye
and skin irritation, kidney and liver toxicity, and sensitization if
the chemical is not used following the limitations noted. This proposed
SNUR designates the following as ``significant new uses'' requiring
further review by EPA:
     Release of the PMN substance resulting in surface water
concentrations that exceed 3 ppb.
    Potentially useful information: EPA has determined that certain
information about the effects of the PMN substance may be potentially
useful if a manufacturer or processor is considering submitting a SNUN
for a significant new use that would be designated by this proposed
SNUR. EPA has determined that the results of aquatic toxicity and
specific target organ toxicity testing would help characterize the
potential health and environmental effects of the PMN substance.
    CFR citation: 40 CFR 721.11560.

V. Rationale and Objectives of the Proposed Rule

A. Rationale

    During review of the PMNs submitted for the chemical substances
that are the subject of these proposed SNURs and as further discussed
in Unit IV., EPA identified certain other reasonably foreseen
conditions of use, in addition to those conditions of use intended by
the submitter. EPA has preliminarily determined that the chemical under
the intended conditions of use is not likely to present an unreasonable
risk. However, EPA has not assessed risks associated with the
reasonably foreseen conditions of use. EPA is proposing to designate
these conditions of use as well as certain other circumstances of use
as significant new uses. As a result, those significant new uses cannot
occur without going through a separate, subsequent EPA review and
determination process associated with a SNUN.

B. Objectives

    EPA is proposing these SNURs because the Agency wants:
     To have an opportunity to review and evaluate data
submitted in a SNUN before the notice submitter begins manufacturing or
processing a listed chemical substance for the described significant
new use.
     To be obligated to make a determination under TSCA section
5(a)(3) regarding the use described in the SNUN, under the conditions
of use. The Agency will either determine under TSCA section 5(a)(3)(C)
that the chemical, under the conditions of use, is not likely to
present an unreasonable

risk, including an unreasonable risk to a potentially exposed or
susceptible subpopulation identified as relevant by the Administrator
under the conditions of use, or make a determination under TSCA section
5(a)(3)(A) or (B) and take the required regulatory action associated
with the determination, before manufacture or processing for the
significant new use of the chemical substance can occur.
     To be able to complete its review and determination on
each of the PMN substances, while deferring analysis on the significant
new uses proposed in these rules unless and until the Agency receives a
SNUN.
    Issuance of a proposed SNUR for a chemical substance does not
signify that the chemical substance is listed on the TSCA Inventory.
Guidance on how to determine if a chemical substance is on the TSCA
Inventory is available on the internet at https://www.epa.gov/tsca-inventory.

VI. Applicability of the Proposed Rules to Uses Occurring Before the
Effective Date of the Final Rule

    To establish a significant new use, EPA must determine that the use
is not ongoing. The chemical substances subject to this proposed rule
were undergoing premanufacture review at the time of signature of this
proposed rule and were not on the TSCA Inventory. In cases where EPA
has not received a notice of commencement (NOC) and the chemical
substance has not been added to the TSCA Inventory, no person may
commence such activities without first submitting a PMN. Therefore, for
the chemical substances subject to these proposed SNURs, EPA concludes
that the proposed significant new uses are not ongoing.
    EPA designates September 4, 2020 (date of web posting of this
proposed rule) as the cutoff date for determining whether the new use
is ongoing. The objective of EPA's approach is to ensure that a person
cannot defeat a SNUR by initiating a significant new use before the
effective date of the final rule.
    Persons who begin commercial manufacture or processing of the
chemical substances for a significant new use identified on or after
that date would have to cease any such activity upon the effective date
of the final rule. To resume their activities, these persons would have
to first comply with all applicable SNUR notification requirements and
EPA would have to take action under section 5 allowing manufacture or
processing to proceed. In developing this proposed rule, EPA has
recognized that, given EPA's general practice of posting proposed rules
on its website a week or more in advance of Federal Register
publication, this objective could be thwarted even before Federal
Register publication of the proposed rule.

VII. Development and Submission of Information

    EPA recognizes that TSCA section 5 does not require development of
any particular new information (e.g., generating test data) before
submission of a SNUN. There is an exception: If a person is required to
submit information for a chemical substance pursuant to a rule, order
or consent agreement under TSCA section 4 (15 U.S.C. 2603), then TSCA
section 5(b)(1)(A) (15 U.S.C. 2604(b)(1)(A)) requires such information
to be submitted to EPA at the time of submission of the SNUN.
    In the absence of a rule, order, or consent agreement under TSCA
section 4 covering the chemical substance, persons are required only to
submit information in their possession or control and to describe any
other information known to or reasonably ascertainable by them (see 40
CFR 720.50). However, upon review of PMNs and SNUNs, the Agency has the
authority to require appropriate testing. Unit IV. lists potentially
useful information for all SNURs listed here. Descriptions are provided
for informational purposes. The potentially useful information
identified in Unit IV. will be useful to EPA's evaluation in the event
that someone submits a SNUN for the significant new use. Companies who
are considering submitting a SNUN are encouraged, but not required, to
develop the information on the substance, which may assist with EPA's
analysis of the SNUN.
    EPA strongly encourages persons, before performing any testing, to
consult with the Agency pertaining to protocol selection. Furthermore,
pursuant to TSCA section 4(h), which pertains to reduction of testing
in vertebrate animals, EPA encourages consultation with the Agency on
the use of alternative test methods and strategies (also called New
Approach Methodologies, or NAMs), if available, to generate the
recommended test data. EPA encourages dialog with Agency
representatives to help determine how best the submitter can meet both
the data needs and the objective of TSCA section 4(h).
    The potentially useful information described in Unit IV. may not be
the only means of providing information to evaluate the chemical
substance associated with the significant new uses. However, submitting
a SNUN without any test data may increase the likelihood that EPA will
take action under TSCA sections 5(e) or 5(f). EPA recommends that
potential SNUN submitters contact EPA early enough so that they will be
able to conduct the appropriate tests.
    SNUN submitters should be aware that EPA will be better able to
evaluate SNUNs which provide detailed information on the following:
     Human exposure and environmental release that may result
from the significant new use of the chemical substances.

VIII. SNUN Submissions

    According to 40 CFR 721.1(c), persons submitting a SNUN must comply
with the same notification requirements and EPA regulatory procedures
as persons submitting a PMN, including submission of test data on
health and environmental effects as described in 40 CFR 720.50. SNUNs
must be submitted on EPA Form No. 7710-25, generated using e-PMN
software, and submitted to the Agency in accordance with the procedures
set forth in 40 CFR 720.40 and 721.25. E-PMN software is available
electronically at https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca.

IX. Economic Analysis

    EPA has evaluated the potential costs of establishing SNUN
requirements for potential manufacturers and processors of the chemical
substances subject to this proposed rule. EPA's complete economic
analysis is available in the docket for this rulemaking.

X. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders
can be found at https://www.epa.gov/laws-regulations-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulations and Regulatory Review

    This action proposes to establish SNURs for new chemical substances
that were the subject of PMNs. The Office of Management and Budget
(OMB) has exempted these types of actions from review under Executive
Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011).

B. Paperwork Reduction Act (PRA)

    According to the PRA, 44 U.S.C. 3501 et seq., an agency may not
conduct or sponsor, and a person is not required to respond to a
collection of information

that requires OMB approval under PRA, unless it has been approved by
OMB and displays a currently valid OMB control number. The OMB control
numbers for EPA's regulations in title 40 of the CFR, after appearing
in the Federal Register, are listed in 40 CFR part 9, and included on
the related collection instrument or form, if applicable.
    The information collection requirements related to this action have
already been approved by OMB pursuant to PRA under OMB control number
2070-0012 (EPA ICR No. 574). This action does not impose any burden
requiring additional OMB approval. If an entity were to submit a SNUN
to the Agency, the annual burden is estimated to average between 30 and
170 hours per response. This burden estimate includes the time needed
to review instructions, search existing data sources, gather and
maintain the data needed, and complete, review, and submit the required
SNUN.
    Send any comments about the accuracy of the burden estimate, and
any suggested methods for minimizing respondent burden, including
through the use of automated collection techniques, to the Director,
Regulatory Support Division, Office of Mission Support (2822T),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001. Please remember to include the OMB control number in any
correspondence, but do not submit any completed forms to this address.

C. Regulatory Flexibility Act (RFA)

    Pursuant to section 605(b) of the RFA, 5 U.S.C. 601 et seq., I
hereby certify that promulgation of this proposed SNUR would not have a
significant adverse economic impact on a substantial number of small
entities. The requirement to submit a SNUN applies to any person
(including small or large entities) who intends to engage in any
activity described in the final rule as a ``significant new use.''
Because these uses are ``new,'' based on all information currently
available to EPA, it appears that no small or large entities presently
engage in such activities.
    A SNUR requires that any person who intends to engage in such
activity in the future must first notify EPA by submitting a SNUN.
Although some small entities may decide to pursue a significant new use
in the future, EPA cannot presently determine how many, if any, there
may be. However, EPA's experience to date is that, in response to the
promulgation of SNURs covering over 1,000 chemicals, the Agency
receives only a small number of notices per year. For example, the
number of SNUNs received was seven in Federal fiscal year (FY) 2013, 13
in FY2014, six in FY2015, 12 in FY2016, 13 in FY2017, and 11 in FY2018,
only a fraction of these were from small businesses. In addition, the
Agency currently offers relief to qualifying small businesses by
reducing the SNUN submission fee from $16,000 to $2,800. This lower fee
reduces the total reporting and recordkeeping of cost of submitting a
SNUN to about $10,116 for qualifying small firms. Therefore, the
potential economic impacts of complying with this proposed SNUR are not
expected to be significant or adversely impact a substantial number of
small entities. In a SNUR that published in the Federal Register of
June 2, 1997 (62 FR 29684) (FRL-5597-1), the Agency presented its
general determination that final SNURs are not expected to have a
significant economic impact on a substantial number of small entities,
which was provided to the Chief Counsel for Advocacy of the Small
Business Administration.

D. Unfunded Mandates Reform Act (UMRA)

    Based on EPA's experience with proposing and finalizing SNURs,
State, local, and Tribal governments have not been impacted by these
rulemakings, and EPA does not have any reasons to believe that any
State, local, or Tribal government will be impacted by this proposed
rule. As such, EPA has determined that this proposed rule does not
impose any enforceable duty, contain any unfunded mandate, or otherwise
have any effect on small governments subject to the requirements of
UMRA sections 202, 203, 204, or 205 (2 U.S.C. 1531-1538 et seq.).

E. Executive Order 13132: Federalism

    This action will not have federalism implications because it is not
expected to have a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999).

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action will not have Tribal implications because it is not
expected to have substantial direct effects on Indian Tribes,
significantly or uniquely affect the communities of Indian Tribal
governments, and does not involve or impose any requirements that
affect Indian Tribes, as specified in Executive Order 13175 (65 FR
67249, November 9, 2000).

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), because this is not an economically significant
regulatory action as defined by Executive Order 12866, and this action
does not address environmental health or safety risks
disproportionately affecting children.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This proposed rule is not subject to Executive Order 13211 (66 FR
28355, May 22, 2001), because this action is not expected to affect
energy supply, distribution, or use and because this action is not a
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    In addition, since this action does not involve any technical
standards, NTTAA section 12(d), 15 U.S.C. 272 note, does not apply to
this action.

J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations

    This action does not entail special considerations of environmental
justice related issues as delineated by Executive Order 12898 (59 FR
7629, February 16, 1994).

List of Subjects in 40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.

    Dated: August 31, 2020.
Tala Henry,
Deputy Director, Office of Pollution Prevention and Toxics.
    Therefore, for the reasons stated in the preamble, EPA proposes to
amend 40 CFR part 721 as follows:

PART 721--SIGNIFICANT NEW USES OF CHEMICAL SUBSTANCES

0
1. The authority citation for part 721 continues to read as follows:

    Authority:  15 U.S.C. 2604, 2607, and 2625(c).

Subpart E--Significant New Uses for Specific Chemical Substances

0
2. Add Sec. Sec.  721.11559 and 721.11560 to subpart E to read as
follows:

Sec.  721.11559   9-Octadecenoic acid (9Z)-, compd. with N-
cyclohexylcyclohexanamine (1:1).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified as 9-Octadecenoic acid
(9Z)-, compd. with N-cyclohexylcyclohexanamine (1:1) (PMN P-16-538, CAS
No. 22256-71-9) is subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
    (2) The significant new uses are:
    (i) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80(f) and (o).
    (ii) Release to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4), and (c)(4) where N= 4 ppb.
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c), (i), and (k) are applicable to manufacturers
and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

Sec.  721.11560   Bis[(hydroxyalkoxy)aryl]carbopolycyclic (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance generically identified as
bis[(hydroxyalkoxy)aryl]carbopolycyclic (PMN P-18-308) is subject to
reporting under this section for the significant new uses described in
paragraph (a)(2) of this section. .
    (2) The significant new uses are:
    (i) Releases to water. Requirements as specified in Sec.
721.90(a)(4), (b)(4) and (c)(4) where N= 3 ppb.
    (ii) [Reserved]
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph (b).
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec.
721.125(a) through (c) and (k) are applicable to manufacturers and
processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.

[FR Doc. 2020-20058 Filed 10-15-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 41 (Thursday, March 2, 2023)]
[Rules and Regulations]
[Pages 13026-13028]
[FR Doc No: 2023-04331]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0008]
RIN 1625-AA00

Safety Zone; Ocean Rainforest Aquaculture, Santa Barbara, CA,
Second Safety Zone

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

ACTION: Temporary final rule.

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SUMMARY: The U.S. Coast Guard is establishing a temporary safety zone
for the navigable waters, approximately 5 miles offshore of Santa
Barbara, California. This safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
ongoing aquaculture gear deployment and installation. Entry of persons
or vessels into this safety zone is prohibited unless specifically
authorized by the Captain of the Port Sector Los Angeles--Long Beach
(COTP), or their designated representative. The Coast Guard recently
issued a safety zone for this area, but additional time is needed to
complete the installation.

DATES: This rule is effective without actual notice from March 2, 2023,
until March 31, 2023. For the purposes of enforcement, actual notice
will be used from February 27, 2023, until March 2, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2023-0008 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 about this rule,
call or email LCDR Maria Wiener, Waterways Management, U.S. Coast Guard
Sector Los Angeles--Long Beach; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
LLNR Light List Number
NPRM Notice of proposed rulemaking
Pub. L. Public Law
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)
because it is impracticable. The sponsor recently updated their
timeline and timeframe for the aquaculture gear installation after we
issued the first safety zone. Immediate action is needed to protect the
public from safety hazards associated with the ongoing aquaculture gear
deployment and installation. This safety zone needs to be extended due
to delays with gear deployment. It is impracticable to publish an NPRM
because we must establish this safety zone by February 27, 2023, and
lack sufficient time to publish a rule, collect public comments, and to
address them before the event date.
    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 contrary to the public interest because immediate
action is needed to ensure the safety of persons, vessels, and the
marine environment in the vicinity of Santa Barbara during aquaculture
gear installation and deployment starting February 27, 2023.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Los Angeles--Long Beach (COTP)
has determined that potential hazards associated with the aquaculture
gear deployment and installation will be a safety concern for anyone
within 34[deg]20'13.28'', 119[deg]42'49.84'' W; thence to
34[deg]20'14.60'' N, 119[deg]42'3.71'' W; thence to 34[deg]19'56.48''
N, 119[deg]42'4.01'' W; thence to 34[deg]19'55.20'' N,
119[deg]42'50.24'' W; thence to the beginning.
    The Coast Guard recently published a safety zone titled ``Safety
Zone; Ocean Rainforest Aquaculture, Santa Barbara, CA'' for this area
and purpose on February 9, 2023, at 88 FR 8369. That safety zone was in
effect between February 9 until February 16, 2023. The sponsor has
indicated that they need

additional time to complete the deployment and installation. The Coast
Guard is issuing this subsequent safety zone to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone while aquaculture deployment and installation is occurring.

IV. Discussion of the Rule

    This rule establishes a safety zone from February 27, 2023, through
March 31, 2023. The safety zone will cover all navigable waters from
the surface to the sea floor in and around Santa Barbara, CA, starting
from: 34[deg]20'13.28'', 119[deg]42'49.84'' W; thence to
34[deg]20'14.60'' N, 119[deg]42'3.71'' W; thence to 34[deg]19'56.48''
N, 119[deg]42'4.01'' W; thence to 34[deg]19'55.20'' N,
119[deg]42'50.24'' W; thence to the beginning. These coordinates are
based on North American Datum of 1983. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or his designated representative. Sector Los Angeles--Long
Beach may be contacted on VHF-FM Channel 16 or<PHONE_NUMBER>. The
marine public will be notified of the safety zone via Broadcast Notice
to Mariners.
    A designated representative means a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel designated by
or assisting the COTP in the enforcement of the safety zone.
    If the COTP determines that the zone need not be enforced during
this entire period, the Coast Guard will announce via Broadcast Notice
to Mariners when the zone will no longer be subject to enforcement.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This 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).
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. This rule
impacts an area of 16-acres for 36 days between the months of February
and March 2023. Vessel traffic will be able to safely transit around
this safety zone, which will impact a small, designated area of Santa
Barbara, CA.

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.

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
Management Directive 023-01, Rev. 1, associated implementing
instructions, and 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 encompassing an area of 16-acres for 14 days during the
aquaculture gear installation and deployment. It is categorically
excluded from further review under paragraph L60, in Appendix A, Table
1 of DHS Instruction Manual 023-001-01, Rev. 1. Due to urgency, a
record of environmental consideration is not required, but will be
provided if necessary.

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:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T11-122 to read as follows:

Sec.  165.T11-122  Safety Zone; Ocean Rainforest Aquaculture, Santa
Barbara, CA.

    (a) Location. The following area is a safety zone: all navigable
waters from the surface to the sea floor in and around Santa Barbara,
CA, starting from: 34[deg]20'13.28'', 119[deg]42'49.84'' W; thence to
34[deg]20'14.60'' N, 119[deg]42'3.71'' W; thence to 34[deg]19'56.48''
N, 119[deg]42'4.01'' W; thence to 34[deg]19'55.20'' N,
119[deg]42'50.24'' W; thence to the beginning. These coordinates are
based on North American Datum of 1983.
    (b) Definitions. As used in this section, a designated
representative means a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel designated by or assisting the
Captain of the Port Sector Los Angeles-Long Beach (COTP) in the
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by hailing Coast Guard Sector Los Angeles--Long Beach on
VHF-FM Channel 16 or calling at<PHONE_NUMBER>. Those in the safety
zone must comply with all lawful orders or directions given to them by
the COTP or the COTP's designated representative.
    (d) Enforcement period. This section will be enforced from February
27, 2023, through March 31, 2023. If the COTP determines that the zone
need not be enforced during this entire period, the Coast Guard will
announce via Broadcast Notice to Mariners when the zone will no longer
be subject to enforcement.

    Dated: February 27, 2023.
R.D. Manning,
Captain, U.S. Coast Guard, Captain of the Port Sector Los Angeles--Long
Beach.
[FR Doc. 2023-04331 Filed 3-1-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Notices]
[Page 51829]
[FR Doc No: 2017-24275]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2684-010]

Flambeau Hydro, LLC; Notice Soliciting Scoping Comments

    Take notice that the following hydroelectric license application
has been filed with the Commission and is available for public
inspection.
    a. Type of Application: Subsequent Minor License.
    b. Project No.: P-2684-010.
    c. Date filed: April 26, 2017.
    d. Applicant: Flambeau Hydro, LLC (Flambeau Hydro).
    e. Name of Project: Arpin Dam Project.
    f. Location: On the Chippewa River, near the Village of Radisson,
in Sawyer County, Wisconsin. There are no federal or tribal lands
within the project boundary.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Jason Kreuscher, Renewable World
Energies, LLC, 100 State Street, P.O. Box 264, Neshkoro, WI 54960;
(855) 994-9376, ext. 102.
    i. FERC Contact: Amy Chang,<PHONE_NUMBER>, or [email protected].
    j. Deadline for filing scoping comments: December 4, 2017.
    The Commission strongly encourages electronic filing. Please file
scoping comments 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 protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-2684-010.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application is not ready for environmental analysis at this
time.
    l. The existing Arpin Dam Project consists of: (1) An approximately
742.5-foot-long, 19-foot-high stone masonry dam (west dam section) that
includes two timber stoplog spillway bays and an approximately 318.9-
foot-long overflow section; (2) an approximately 452.2-foot-long, 18-
foot-high masonry dam (middle dam section) that includes two steel
vertical lift gates and an approximately 237.9-foot-long overflow
section; (3) an approximately 319.8-foot-long, 16-foot-high masonry dam
(east dam section) that includes two tainter gates and an 108-foot-long
overflow section; (4) an approximately 294-acre impoundment at a normal
full pond water surface elevation of 1,227.22 feet North American
Vertical Datum of 1988 (NAVD88); (5) a 37-foot-long, 11.5-foot-wide,
14-foot-high concrete, canal headworks structure on the eastern side of
the impoundment; (6) an approximately 3,200-foot-long, 56-foot-wide, 6-
foot-deep power canal; (7) a 13.5-foot-long, 48-foot-wide, 14.4-foot-
high concrete intake structure that includes two 9-foot-wide, 11-foot-
high steel stop gates and a 44-foot-wide, 14.4-foot-high trashrack with
1.5- to 1.75-inch clear bar spacing; (8) three 79-foot-long, 8-foot-
diameter steel penstocks; (9) a 52-foot-long, 24-foot-wide, 25-foot-
high cement block powerhouse containing two 600-kW, and one 250-kW
vertical Francis turbine-generator units, for a total capacity of 1,450
kW; (10) a 15-foot-long, 2.4-kilovolt (kV) underground generator lead
line that connects the turbine-generator units to a substation
containing three step-up transformers; (11) a 3,645-foot-long, 22.9-kV
above-ground transmission line; (12) a tailrace; (13) recreation
facilities; and (14) appurtenant facilities.
    Flambeau Hydro manually operates the project in a run-of-river
mode, with an average annual generation of 7,336 megawatt-hours.
Flambeau Hydro is not proposing any changes in project operation.
Flambeau Hydro proposes to continue to release a year-round minimum
flow of 40 cfs to the bypassed reach to protect aquatic resources and
to continue to operate and maintain existing recreation facilities.
Flambeau Hydro also proposes to develop an Historic Properties
Management Plan to protect historic resources.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the eLibrary link.
Enter the docket number excluding the last three digits in the docket
number field to address the document. For assistance, contact FERC
Online Support. A copy is available for inspection and reproduction at
the address in item (h) above.
    n. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    o. Scoping Process.
    The Commission staff intends to prepare a single Environmental
Assessment (EA) for the Arpin Dam Project in accordance with the
National Environmental Policy Act. The EA will consider both site-
specific and cumulative environmental impacts and reasonable
alternatives to the proposed action.
    Commission staff does not propose to conduct any on-site scoping
meetings at this time. Instead, we are soliciting comments,
recommendations, and information on Scoping Document 1 (SD1), issued
November 2, 2017.
    Copies of SD1 outlining the subject areas to be addressed in the EA
were distributed to the parties on the Commission's mailing list and
the applicant's distribution list. Copies of SD1 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. For assistance, call 1-866-208-3676 or for TTY,
(202) 502-8659.

    Dated: November 2, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-24275 Filed 11-7-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 105 (Friday, June 2, 2017)]
[Proposed Rules]
[Pages 25559-25561]
[FR Doc No: 2017-11080]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0438; Airspace Docket No. 17-AEA-6]

Proposed Amendment VOR Federal Airways V-66, V-189, V-260, and V-
266; in the Vicinity of Franklin, VA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to modify VHF Omnidirectional Range (VOR)
Federal airways V-66, V-189, V-260, and V-266 in the Vicinity of
Franklin, VA. The modifications are required due to the planned
decommissioning of the Franklin, VA, VORTAC navigation aid which
provides navigation guidance for portions of the above routes.

DATES: Comments must be received on or before July 17, 2017.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 1
(800) 647-5527 or<PHONE_NUMBER>. You must identify FAA Docket No. FAA-
2017-0438 and Airspace Docket No. 17-AEA-6 at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays. The Docket Office (telephone 1 (800)
647-5527), is on the ground floor of the building at the above address.
    FAA Order 7400.11A, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11A at NARA, call<PHONE_NUMBER>, or go
to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy Group,
Office of Airspace Services, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in

Title 49 of the United States Code. Subtitle I, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would modify the VOR Federal airway route structure in the
eastern United States to maintain the efficient flow of air traffic.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2017-0438 and Airspace Docket No. 17-AEA-6) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2017-0438 and Airspace Docket No. 17-AEA-6.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Eastern Service Center, Federal
Aviation Administration, Room 210, 1701 Columbia Ave., College Park,
GA, 30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11A, Airspace
Designations and Reporting Points, dated August 3, 2016 and effective
September 15, 2016. FAA Order 7400.11A is publicly available as listed
in the ADDRESSES section of this proposed rule. FAA Order 7400.11A
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to modify the descriptions of VOR Federal
airways V-66, V-189, V-260, and V-266 due to the planned
decommissioning of the Franklin, VA, VORTAC. The proposed route changes
are described below.
    V-66: V-66 currently extends between the Mission Bay, CA, VORTAC
and the Franklin, VA, VORTAC. The amended route would be terminated on
the east end at the Raleigh-Durham, NC, VORTAC instead of Franklin, VA.
    V-189: V-189 currently extends between the Wright Brothers, NC,
VOR/DME and the Hopewell, VA, VORTAC. The amended route would be
terminated at the Tar River, NC, VORTAC eliminating the segments to
Franklin, VA and Hopewell, VA.
    V-260: V-260 currently extends between the Charleston, WV, VORTAC
and the Cofield, NC, VORTAC. The amended route would be terminated at
the Hopewell, VA, VORTAC, eliminating the segments to Franklin, VA and
Cofield, NC.
    V-266: V-266 currently extends between the Electric City, SC,
VORTAC and the Wright Brothers, NC, VOR/DME. The proposed amendment
would remove the route segment between the South Boston, VA, VORTAC and
the Elizabeth City, NC, VORTAC. The amended route would, therefore,
extend between the Electric City, SC, VORTAC and the South Boston, VA,
VORTAC; and between the Elizabeth City, NC, VORTAC and the Wright
Brothers, NC, VOR/DME. Consequently, there would be a gap in the route
between the South Boston, VA, VORTAC and the Elizabeth City, NC,
VORTAC.
    Domestic VOR Federal airways are published in paragraph 6010(a) of
FAA Order 7400.11A, dated August 3, 2016 and effective September 15,
2016, which is incorporated by reference in 14 CFR 71.1. The VOR
Federal airways listed in this document would be subsequently published
in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this proposed rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

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

0
1. The authority citation for part 71 continues to read as follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting Points, dated August 3, 2016 and
effective September 15, 2016, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-66 [Amended]

    From Mission Bay, CA; Imperial, CA; 13 miles, 24 miles, 25 MSL;
Bard, AZ; 12 miles, 35 MSL; INT Bard 089[deg] and Gila Bend, AZ,
261[deg] radials; 46 miles, 35 MSL; Gila Bend; Tucson, AZ, 7 miles
wide (3 miles south and 4 miles north of centerline); Douglas, AZ;
INT Douglas 064[deg] and Columbus, NM, 277[deg] radials; Columbus;
El Paso, TX; 6 miles wide; INT El Paso 109[deg] and Hudspeth, TX,
287[deg] radials; 6 miles wide; Hudspeth; Pecos, TX; Midland, TX;
INT Midland 083[deg] and Abilene, TX, 252[deg] radials; Abilene; to
Millsap, TX. From Crimson, AL, Brookwood, AL; LaGrange, GA; INT
LaGrange 120[deg] and Columbus, GA, 068[deg] radials; INT Columbus
068[deg] and Athens, GA, 195[deg] radials; Athens; Greenwood, SC;
Sandhills, NC; to Raleigh-Durham, NC.

V-189 [Amended]

    From Wright Brothers, NC; to Tar River, NC. The airspace within
R-5302 and R-5314 is excluded when activated.

V-260 [Amended]

    From Charleston, WV, Rainelle, WV; Roanoke, VA, Lynchburg, VA;
Flat Rock, VA; Richmond, VA; to Hopewell, VA.

V-266 [Amended]

    From Electric City, SC, to Spartanburg, SC. From Greensboro, NC;
to South Boston, VA. From Elizabeth City, NC; to Wright Brothers,
NC.
* * * * *

    Issued in Washington, DC, on May 23, 2017.
Rodger A. Dean Jr.,
Manager, Airspace Policy Group.
[FR Doc. 2017-11080 Filed 6-1-17; 8:45 am]
BILLING CODE 4910-13-P