[Federal Register Volume 77, Number 115 (Thursday, June 14, 2012)]
[Rules and Regulations]
[Pages 35621-35623]
[FR Doc No: 2012-14543]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0469]
RIN 1625-AA00

Safety Zone, Keweenaw Waterway, Hancock, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone
encompassing a portion of the Keweenaw waterway on June 17, 2012. This
safety zone is intended to help protect triathlon participants, as well
as boaters and spectators of the event.

DATES: This rule will be effective from 10:00 a.m. to noon on June 17,
2012.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0469]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Judson A. Coleman, Marine Safety Unit Duluth,
U.S. Coast Guard; telephone<PHONE_NUMBER> ext 111, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call

Renee V. Wright, Program Manager, Docket Operations, telephone (202)
366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' 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
final details for this event were not known to the Coast Guard until
there was insufficient time remaining before the event to publish an
NPRM. Thus, delaying the effective date of this rule to wait for a
comment period to run would be both impracticable and contrary to the
public interest because it would inhibit the Coast Guard's ability to
protect spectators, swimmers, and vessels from the hazards associated
with open water swim races, which are discussed further below.
    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. For the same reasons discussed in
the preceding paragraph, waiting for 30-day notice period run would
also be impracticable and contrary to the public interest.

B. Basis and Purpose

    On the morning of June 17, 2012, participants in the Yooper Sprint
triathlon will swim across portions of the Keweenaw waterway, making
them vulnerable to vessel traffic.

C. Discussion of the Final Rule

    In recognition of the risk to swimmers identified above, the
Captain of the Port Duluth has determined it necessary to create a
temporary safety zone to prevent vessels from entering, transiting, or
anchoring in the vicinity of the swimmers. The following area is a
temporary safety zone: All waters of the Keweenaw Waterway encompassed
by boundaries beginning at position 47'07'49.8 N 88'37'1.12 W, running
west to 47'07'49.45 N 088'37'2.31 W, running northwest to 47'07'59.19 N
88'37'20.23 W, running northeast to 47'08'0.12 N 88'37'18.07 W and
finally running southeast to the original position.
    This safety zone is deemed necessary in order to ensure the
protection of swimmers engaged in the Yooper Sprint Triathlon, vessel
operators transiting the area, and spectators of the event. This safety
zone will be in effect and enforced on June 17th, 2012 from 10:00 a.m.
to noon.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 14 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This rule is believed to
have minimal impact on any economic interests due to it being in effect
for only two hours and taking place outside the navigable channel.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
    This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in a portion of the Keweenaw Waterway from 10:00 a.m.
to noon on June 17, 2012.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone would be activated, and thus subject to enforcement, for
only two hours early in the day. Traffic may be allowed to pass through
the zone with the permission of the Captain of the Port. The Captain of
the Port can be reached via VHF channel 16. Before the activation of
the zone, we would issue local Broadcast Notice to Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add Sec.  165.T09-0469 to read as follows:

Sec.  165.T09-0469  Safety Zone; Keweenaw waterway, Hancock, MI

    (a) Location. The following area is a temporary safety zone: All
waters of the Keweenaw Waterway encompassed by boundaries beginning at
position 47'07'49.8 N 88'37'1.12 W, running west to 47'07'49.45 N
088'37'2.31 W, running northwest to 47'07'59.19 N 88'37'20.23 W,
running northeast to 47'08'0.12 N 88'37'18.07 W and finally running
southeast to the original position.
    (b) Effective and enforcement period. This rule will be in effect
and enforced from 10:00 a.m. to 12:00 noon on June 17, 2012.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23,
entry into, transiting or anchoring within this safety zone is
prohibited unless authorized by the Captain of the Port, Marine Safety
Unit Duluth, or his designated representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Marine Safety Duluth or his
designated representative.
    (3) The on-scene representative of the Captain of the Port is any
Coast Guard commissioned, warrant or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative will be aboard either a Coast Guard or Coast Guard
auxiliary vessel. The Captain of the Port representative may be
contacted via VHF channel 16.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Duluth or his on-scene
representative to request permission to do so. Vessel operators must
comply with all directions given to them by the Captain of the Port,
Duluth or his on-scene representative.

    Dated: May 21, 2012.
K.R. Bryan,
Commander, U.S. Coast Guard, Captain of the Port, Marine Safety Unit
Duluth.
[FR Doc. 2012-14543 Filed 6-13-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 54 (Thursday, March 19, 2020)]
[Notices]
[Pages 15771-15772]
[FR Doc No: 2020-05728]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 190-105]

Moon Lake Electric Association, Inc.; Notice of Application Ready
for Environmental Analysis and Soliciting Comments, Recommendations,
Terms and Conditions, and Prescriptions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Minor, new license.
    b. Project No.: P-190-105.
    c. Date filed: January 31, 2017.
    d. Applicant: Moon Lake Electric Association, Inc.
    e. Name of Project: Uintah Hydroelectric Project.
    f. Location: The project is located near the Town of Neola,
Duchesne County, Utah and diverts water from primarily the Uinta River
as well as Big Springs Creek and Pole Creek. The project is located
almost entirely on the tribal lands of the Uintah and Ouray Native
American Reservation (105.1 acres) and federal lands managed by Ashley
National Forest (12.9 acres).
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Patrick Corun, Engineering Manager, Moon Lake
Electric Association, Inc., 800 West U.S. Hwy 40, Roosevelt, Utah
84066,<PHONE_NUMBER><EMAIL_ADDRESS>    i. FERC Contact: Quinn Emmering,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, recommendations, terms and
conditions, and prescriptions: 60 days from the issuance date of this
notice; reply comments are due 105 days from the issuance date of this
notice.
    The Commission strongly encourages electronic filing. Please file
comments, recommendations, terms and conditions, and prescriptions
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, 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-190-105.
    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 has been accepted and is ready for
environmental analysis at this time.
    l. The Uintah Hydroelectric Project operates as a run-of-river
facility delivering water to the project facilities from primarily the
Uinta River as well as Big Springs Creek and Pole Creek. Existing
project facilities include: (1) A stop-log diversion structure that
conveys flows from Big Springs Creek and a non-project canal to a 916-
foot-long, 28-inch-diameter, steel pipeline that connects to the point
of diversion on the Uinta River; (2) an 80-foot-long, 4-foot-wide, 3-
foot-high overflow-type concrete diversion structure with a 10-foot-
high, 6.5-foot-wide steel slide gate on the Uinta River; (3) a concrete
structure with manual slide gates for dewatering the main supply canal
and returning water to the Uinta River immediately downstream of the
Uinta diversion; (4) an emergency slide gate about midway along the
main supply canal; (5) a 16-foot-wide, 8-foot-deep, 25,614-foot-long,
clay-lined main supply canal which conveys water from Big Springs Creek
and the Uinta River; (6) a stop-log diversion structure, with non-
functional control gates, which diverts water from Pole Creek; (7) a 6-
foot-wide, 4-foot-deep, 6,200-foot-long Pole Creek canal that collects
water from the Pole Creek diversion; (8) an 86-inch-wide, 80-inch-long,
43-inch-high transition bay and a 140-foot-long, 14-inch-diameter steel
penstock collects water from the Pole Creek canal; (9) a 23-foot by 13-
foot concrete forebay structure containing trashracks with 2.5-inch
spacing, a headgate that is located at the termination of the main
supply canal and the Pole Creek penstock, and an overflow channel; (10)
a single 5,238-foot-long, 36-inch-diameter polyurethane and steel
penstock which delivers water to a concrete powerhouse with two Pelton
turbines driving two 600-kilowatt generators; (11) a 600-foot-long
tailrace; (12) a substation immediately adjacent to the powerhouse;
(13) a 8.5-mile-long, 24.9-kilovolt single wood pole distribution line;
and (14) appurtenant facilities.
    The estimated average annual generation is about 6,073 megawatt-
hours. Moon Lake proposes to modify the project boundary to remove the
currently licensed substation and 8.5-mile-long transmission line.
    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 website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    All filings must: (1) Bear in all capital letters the title
``COMMENTS'', ``REPLY COMMENTS'', ``RECOMMENDATIONS,'' ``TERMS AND
CONDITIONS,'' or ``PRESCRIPTIONS;'' (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person submitting the filing; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the
application directly from the applicant. Each filing must be
accompanied by proof of service on all persons listed on the service
list prepared by the Commission in this proceeding, in accordance with
18 CFR 4.34(b) and 385.2010.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. A license applicant must file no later than 60 days following
the date of issuance of this notice: (1) A copy of the water quality
certification; (2) a copy of the request for certification, including
proof of the date on which the certifying agency received the request;
or (3) evidence of waiver of water quality certification.
    o. Procedural schedule: The application will be processed according
to the following schedule. Revisions to the schedule will be made as
appropriate.

Deadline for Filing Comments, Recommendations and Agency Terms

and Conditions/Prescriptions May 12, 2020
Licensee's Reply to REA Comments June 26, 2020
Commission issues draft EA December 2020
Comments on draft EA January 2020
Commission issues final EA April 2021

    Dated: March 13, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-05728 Filed 3-18-20; 8:45 am]
 BILLING CODE 6717-01-P


MEMORANDUM

DATE: 	November 10, 2014

SUBJECT:	Derivation of wood heater model percentages meeting Step 2 standards

FROM:	Jill Mozier, EC/R Inc.

TO:		David Cole, EPA/OAQPS
      Gil Wood, EPA/OAQPS
      Amanda Aldridge, EPA/OAQPS

	The purpose of this memorandum is to document how we derived the percentage of wood heater appliances estimated to already meet the Step 2 standards effective in 2020.

   I. Non-Catalytic Wood Stoves
For our cost and emission calculations, we estimate that 18% of non-catalytic stove models already meet the 2020 Step 2 standard. To estimate this percentage of non-catalytic stoves emitting 2.0 g/hr or less (EPA weighted average emissions), we used HPBA's 2010 wood heater database with the correction factor for method 5G removed, consistent with the final rule. This adjusted dataset is provided as an attachment to this memo and will be made available in the docket. The dataset contains 110 non-catalytic stoves and 20 of these  -  or 18%  -  have an EPA weighted average emission of 2.0 g/hr or less.

   II. Catalytic & Hybrid Wood Stoves
For our cost and emission calculations, we estimate that 89% of catalytic and hybrid stove models already meet the 2020 Step 2 standard. To estimate this percentage of catalytic and hybrid stoves emitting 2.0 g/hr or less (EPA weighted average emissions), we used data from EPA's Office of Enforcement and Compliance Assurance (OECA) for wood stoves certified between 2010 and 2014 with the correction factor for method 5G removed, consistent with the final rule. This dataset is also provided as an attachment to this memo and will be make available in the docket. The dataset contains 9 catalytic and other (presumably hybrid) stoves certified between 2010 and 2014 and 8 of these  -  or approximately 89%  -  have an EPA weighted average emission of 2.0 g/hr or less.
   III. Non-Catalytic and Catalytic Wood Stoves Combined
For our cost and emission calculations, we estimate that 26% of non-catalytic and catalytic stove models combined already meet the 2020 Step 2 standard. We required a combined estimate because our shipment data (used for emission calculations) does not distinguish between catalytic and non-catalytic heaters. We used a weighted average to calculate the combined percentage meeting Step 2 based on industry data provided in their comment in response to the proposed rule. Specifically, Hearth, Patio and Barbecue Association's (HPBA's) economic consultant, NERA, estimated that in 2018 there would be approximately 100,000 wood stove sales and that 89,000 of these total woodstove sales would be non-catalytic while approximately 11,000 would be catalytic.  Using a weighted average based on these sales projections from industry and assuming that 18% of non-catalytic and 89% of catalytic & hybrid stoves can meet Step 2 already (as explained above), we estimate that 26% of all wood stoves can meet the 2020 Step 2 standard without additional R&D investment.

   IV. Pellet Stoves
For our cost and emission calculations, we estimate that 70% of pellet stove models already meet the 2020 Step 2 standard. To estimate this percentage of pellet stoves emitting 2.0 g/hr or less (EPA weighted average emissions), we used OECA data for wood stoves certified between 2010 and 2014, adjusted by removal of the 5g correction factor, as explained above. The dataset contains 27 pellet stoves certified between 2010 and 2014 and 19 of these  -  or 70%  -  have an EPA weighted average emission of 2.0 g/hr or less.

   V. Hydronic Heaters
For our cost and emission calculations, we estimate that 18% of hydronic heater models already meet the 2020 Step 2 standard. We based this estimate on the fact that 9 of the 49 Phase 2 qualified hydronic heater models  -  or 18%  -  emit 0.10 pounds of PM or less per million Btu heat output (lb/mmBtu) for each individual burn rate. This statistic is based on models qualified at Phase 2 under EPA's Hydronic Heater's Voluntary Program as of 10-23-2014.

   VI. Forced-Air Furnaces and Single Burn Rates Stoves

For our cost and emission calculations, we estimate that all forced-air furnace and single burn rate stove models will require investment in R&D in order to meet the 2020 Step 2 limits. Forced-air furnace and single burn rate stove designs able to meet the Step 2 limits may be based on technology transferred from hydronic heater designs and/or wood stove designs.


[Federal Register Volume 86, Number 65 (Wednesday, April 7, 2021)]
[Notices]
[Page 18051]
[FR Doc No: 2021-07159]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL21-62-000]

Jackson Generation, LLC v. PJM Interconnection, L.L.C.; Notice of
Complaint

    Take notice that on March 30, 2021, pursuant to sections 206 and
306, of the Federal Power Act, 16 U.S.C. 824e and 825e and Rule 206 of
the Federal Energy Regulatory Commission's (Commission) Rules of
Practice and Procedure, 18 CFR 385.206, Jackson Generation, LLC
(Complainant or Jackson) filed a formal complaint against PJM
Interconnection, L.L.C. (PJM or Respondent) asking that the Commission
find PJM to have erroneously denied Jackson's request for a unit-
specific exception to PJM's Minimum Offer Price Rule under Section
5.14(h)(5) of Attachment DD to PJM's Open Access Transmission Tariff,
and direct PJM to accept Jackson's requested minimum offer price for
the generation facility being developed by Jackson for the Base
Residual Auction for the 2022/2023 Delivery Year, as more fully
explained in the complaint.
    The Complainant certifies that copies of the complaint were served
on the contacts listed for Respondents in the Commission's list of
Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondents'
answer and all interventions, or protests must be filed on or before
the comment date. The Respondents' answer, motions to intervene, and
protests must be served on the Complainant.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on April 15, 2021.

    Dated: April 1, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-07159 Filed 4-6-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Notices]
[Page 64094]
[FR Doc No: 2011-26712]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4022-DR; Docket ID FEMA-2011-0001]

Vermont; Amendment No. 8 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 State of Vermont (FEMA-4022-DR), dated September 1, 2011, and
related determinations.

DATES: Effective Date: September 26, 2011.

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, James N. Russo,
of FEMA is appointed to act as the Federal Coordinating Officer for
this disaster.

    This action terminates the appointment of Craig A. Gilbert 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. 2011-26712 Filed 10-14-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Notices]
[Pages 40798-40801]
[FR Doc No: 2014-16369]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72561; File No. SR-MIAX-2014-35]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend Its Fee Schedule

July 8, 2014.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on June 25, 2014, Miami International Securities
Exchange LLC (``MIAX'' or ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'') a proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the Exchange. The Commission is publishing this notice to solicit

comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange is filing a proposal to amend its Fee Schedule. The
text of the proposed rule change is available on the Exchange's Web
site at http://www.miaxoptions.com/filter/wotitle/rule_filing, at
MIAX's principal office, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend the Fee Schedule to reduce several
testing and certification fees and System connectivity fees for non-
Members. Specifically, the Exchange proposes to: (i) Reduce the non-
Member API testing and certification fee; (ii) reduce the non-Member
networking and certification fees; (iii) eliminate the fees for non-
Members to test and certify additional connections; and (iv) reduce the
non-Member networking connectivity fee.
API Testing and Certification
    The Exchange assesses a one-time Application Programming Interface
(``API'') testing and certification fee on non-Members. Specifically,
the Exchange assesses a one-time API Testing and Certification fee of
$5,000.00 on third party vendors \3\ and Service Bureaus \4\ whose
software interfaces with MIAX software. The API makes it possible for
third party vendors' and Service Bureaus' software to communicate with
MIAX software applications, and is subject to testing with, and
certification by, the Exchange. The Exchange originally established a
higher fee for non-Members to reflect the greater amount of time spent
by Exchange employees testing and certifying non-Members.\5\ Up to that
point, it had been the Exchange's experience that Member testing takes
less time than non-Member testing because Members have more experience
testing these systems with exchanges; generally fewer questions and
issues arise during the testing and certification process.\6\ Also,
because third party vendors and Service Bureaus are redistributing data
and reselling services to other Members and market participants the
number and types of scenarios that need to be tested are more numerous
and complex than those tested and certified for a single Member.\7\
Although the cost to the Exchange to provide this service to non-
Members remains higher than for Members, the Exchange proposes to
reduce the API testing and certification fee to $1,000, the same price
as EEMs in order to incent more non-Members to use the service.\8\
---------------------------------------------------------------------------

    \3\ Third party vendors are subscribers of MIAX's market and
other data feeds, which they in turn use for redistribution
purposes. Third party vendors do not provide connectivity and
therefore are not subject to Network testing and certification.
    \4\ A Service Bureau is a technology provider that offers and
supplies technology and technology services to a trading firm that
does not have its own proprietary system. The technology and
technology services supplied by Service Bureaus includes both
software applications and connectivity, thus Service Bureaus are
subject to both API testing and certification and Network testing
and certification.
    \5\ See Securities Exchange Act Release No. 68645 (January 14,
2013), 78 FR 4175 (January 18, 2013) (SR-MIAX-2012-05).
    \6\ Id.
    \7\ Id.
    \8\ Notwithstanding the proposal reducing the fees for providing
this service to non-Members despite the higher cost, the Exchange
represents that it will continue to have adequate resources to fund
its regulatory program and fulfill its responsibilities as a self-
regulatory organization while the reduced fees are in effect.
---------------------------------------------------------------------------

Non-Member Network Testing and Certification Fee
    The Exchange assesses a one-time Network Testing and Certification
fee on Service Bureaus and Extranet Providers.\9\ Specifically, the
Exchange assesses a one-time Service Bureaus and Extranet Providers fee
of $2,000.00 for the initial one Gigabit connection and $1,000 for each
additional one Gigabit connection and $6,000.00 for the initial ten
Gigabit connection and $4,000.00 for each additional ten Gigabit
connection. The non-Member Network Testing and Certification fees
represent installation and support costs incurred by the Exchange as it
works with each non-Member to make sure there are appropriate
electronic connections with the Exchange. The Exchange originally
established a higher fee for non-Members to reflect the greater amount
of time spent by the Exchange employees testing and certifying non-
Members.\10\ Up to that point, it had been the Exchange's experience
that Member network connectivity testing takes less time than non-
Member network connectivity testing because Members have more
experience testing these systems with exchanges; generally fewer
questions and issues arise during the testing and certification
process.\11\ In addition, non-Members are charged a discounted Network
Testing and Certification Fee for additional connections because each
connection will be used by different customers of the non-Member
Service Bureaus and Extranet Providers and will need to be individually
tested requiring more Exchange resources for testing and certification.
Although the cost to the Exchange to provide this service to non-
Members remains higher than for Members, the Exchange proposes to
reduce the Network Testing and Certification Fee to $1,000.00 per
Member [sic] for a one Gigabit connection, and $4,000.00 per Member
[sic] for a ten Gigabit connection in order to incent more non-Members
to use the service.\12\ In addition, the Exchange proposes not to
charge non-Members a Testing and Certification Fee for any additional
connections they obtain. This will align the pricing of these services
for non-Members with the current charges for Members.
---------------------------------------------------------------------------

    \9\ An Extranet Provider is a technology provider that connects
with MIAX systems and in turn provides such connectivity to MIAX
participants that do not connect directly with MIAX. Extranet
Providers do not provide software interfaces with MIAX software
applications, thus Extranet Providers are not subject to API testing
and certification.
    \10\ Id.
    \11\ Id.
    \12\ Notwithstanding the proposal reducing the fees for
providing this service to non-Members despite the higher cost, the
Exchange represents that it will continue to have adequate resources
to fund its regulatory program and fulfill its responsibilities as a
self-regulatory organization while the reduced fees are in effect.
---------------------------------------------------------------------------

Non-Member Network Connectivity Fees
    The Exchange assesses fees to Service Bureaus, and Extranet
Providers for electronic connections \13\ between those entities and
the Exchange. The Connectivity fees are based upon the amount of
bandwidth that will be used by the Service Bureau, or Extranet
Provider. Specifically, the Exchange

assesses a monthly non-Member Network Connectivity fee to Service
Bureaus and Extranet Providers of $2,000.00 for a one Gigabit
connection, and $10,000.00 for a ten Gigabit connection. The Exchange
originally established a higher fee to Service Bureaus and Extranet
Providers than to Members to reflect the fact that Service Bureaus and
Extranet Providers serve as conduits to MIAX Members and non-Members
that do not have their own proprietary systems or do not directly
connect to MIAX. The Service Bureaus and Extranet Providers recover the
cost of the MIAX Network Connectivity fee from their customers,
resulting in a lower overall fee to Members and non-Members using the
services of such third party providers. Although the cost to the
Exchange to provide this service to non-Members remains higher than for
Members, the Exchange proposes to lower the monthly non-Member Network
Connectivity fee for Service Bureaus and Extranet Providers to
$1,000.00 for a one Gigabit connection, and $5,000.00 for a ten Gigabit
connection, the level as currently charged to Members in order to
incent more non-Members to use the service.\14\
---------------------------------------------------------------------------

    \13\ For purposes of this proposed rule change, the terms
``connectivity'' and ``connections'' refer to the physical
connections between Member and non-Member electronic networks and
the MIAX systems.
    \14\ Notwithstanding the proposal reducing the fees for
providing this service to non-Members despite the higher cost, the
Exchange represents that it will continue to have adequate resources
to fund its regulatory program and fulfill its responsibilities as a
self-regulatory organization while the reduced fees are in effect.
---------------------------------------------------------------------------

    The Exchange proposes to implement the new fee beginning July 1,
2014.
2. Statutory Basis
    The Exchange believes that its proposal to amend its fee schedule
is consistent with Section 6(b) of the Act \15\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \16\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among Exchange members.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes the proposed fees are a reasonable allocation
of its costs and expenses among its Members and other persons using its
facilities since it is recovering the costs associated with providing
such infrastructure testing and certification services, and with
offering access through the network connections and access and services
through the Ports, responding to customer requests, configuring MIAX
systems, programming API user specifications and administering the
various services connectivity services. Access to the Exchange is
provided on fair and non-discriminatory terms. The proposed fees are
reasonable since they are in the range of similar fees charged by
another exchange. The Exchange believes the proposed fees are equitable
and not unfairly discriminatory because the new fee levels result in a
more reasonable and equitable allocation of fees amongst non-Members
and Members for similar services.

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 not necessary or appropriate in
furtherance of the purposes of the Act. The proposal will allow the
Exchange to reduce non-Member fees to align them with similar fees
charged to Member and thus should promote competition amongst these
participants for these types of services. The proposal also reduces
fees in a manner that should improve competition with another competing
exchange by changing its rate to the same level. The Exchange notes
that it operates in a highly competitive market in which market
participants can readily favor competing venues if they deem fee levels
at a particular venue to be excessive. In such an environment, the
Exchange must continually adjust its fees to remain competitive with
other exchanges and to attract order flow. The Exchange believes that
the proposal reflects this competitive environment.

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

    Written comments were neither solicited nor received.

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)(ii) of the Act.\17\ At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml);

or

     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-MIAX-2014-35 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MIAX-2014-35. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet 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 Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; 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-MIAX-2014-35 and should be
submitted on or before August 4, 2014. For the Commission, by the
Division of Trading

and Markets, pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-16369 Filed 7-11-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: July 7, 2006 (Volume 71, Number 130)]
[Notices]
[Page 38633]
[DOCID:fr07jy06-58]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EF06-5191-000]

Western Area Power Administration; Notice of Filing

June 29, 2006.
    Take notice that on June 16, 2006, the Deputy Secretary, U.S.
Department of Energy, pursuant to the authority vested on the Deputy
Secretary by Delegation Order No. 00-37.00, effective December 6, 2001,
submitted for confirmation and approval on a final basis, Rate Order
No. WAPA-127 along with the following: Rate Schedules PD-NTS for
network integration transmission service on the Parker Davis Project
transmission system; INT-NITS2 for network integration transmission
service on the Pacific Northwest-Pacific Southwest Intertie Project
transmission system; and DSW-SD2, DSW-RS2, DSW-FR2, DSW-EI2, DSWSPR2,
and DSW-SUR2 for ancillary services, effective July 1, 2006, and ending
June 30, 2011.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

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

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. eastern time on July 17, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-10611 Filed 7-6-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: September 13, 2006 (Volume 71, Number 177)]
[Notices]
[Page 54035]
[DOCID:fr13se06-44]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-570-000]

ANR Pipeline Company; Notice of Tariff Filing

September 6, 2006.
    Take notice that on August 31, 2006, ANR Pipeline Company (ANR)
tendered for filing as part of its FERC Gas Tariff, Second Revised
Volume No. 1, the following tariff sheets, with an effective date of
October 1, 2006:

Third Revised Sheet No. 65
Third Revised Sheet No. 78
Sixteenth Revised Sheet No. 120

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

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

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-15161 Filed 9-12-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: July 6, 2006 (Volume 71, Number 129)]
[Notices]
[Page 38439-38441]
[DOCID:fr06jy06-123]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54058; File No. SR-NASD-2006-073]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing of Proposed Rule Change and Amendment
No. 1 Thereto Relating to the Amendment of NASD Interpretive Material
2210-4 To Require Certain Member Firms To Provide a Hyperlink to the
NASD's Internet Home Page

June 28, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 8, 2006, the National Association of Securities Dealers, Inc.
(``NASD'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by NASD. On June 26,
2006, NASD filed with the Commission Amendment No. 1 to the proposed
rule change.\3\ The Commission is publishing this notice to solicit
comments on the proposed rule change, as amended, from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 replaced and superseded the original rule
filing in its entirety.

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

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

    NASD is proposing to amend NASD Interpretive Material (``IM'')
2210-4 to require a member firm or a person associated with a member
firm that refers, on its Internet Web site, to the firm's membership in
NASD to provide a hyperlink to NASD's Web site. Below is the text of
the proposed rule change. Proposed new language is in italics.
* * * * *

IM-2210-4. Limitations on Use of NASD's Name

    Members may indicate NASD membership in conformity with Article XV,
Section 2 of the NASD By-Laws in one or more of the following ways:
    (1) through (2). No change.
    (3) on a member's internet Web site provided that the member
provides a hyperlink to NASD's internet home page, http://www.nasd.com, in

close proximity to the member's most prominent indication of NASD
membership. A member is not required to provide more than one such
hyperlink on its Web site. This provision also shall apply to an
internet Web site relating to the member's investment banking or
securities business maintained by or on behalf of any person associated
with a member.
* * * * *
    (b) Not applicable.
    (c) Not applicable.

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

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

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

1. Purpose
    Currently, many broker-dealers refer to their membership in NASD on
their internet Web sites, often in a description of the firm or in an
``about us'' section. The proposed rule change would require a firm,
when referencing membership in NASD on its Web site, to include an
accompanying hyperlink to NASD's Internet home page, http://www.nasd.com.
 The proposed rule change also would apply to an Internet

Web site relating to a firm's investment banking or securities business
that is maintained by or on behalf of any person associated with the
firm.\4\ The proposed rule change would require a firm (and persons
associated with a firm where applicable) to provide a hyperlink in
close proximity to the most prominent indication of the firm's
membership in NASD.\5\ However, the proposed rule change would not
create an independent obligation requiring a firm (or persons
associated with a firm where applicable) to refer to the firm's NASD
membership on an Internet Web site. The proposed rule change only would
apply to the extent that a firm or a person associated with a firm
chooses to represent on its Web site that the firm is a member of NASD.
---------------------------------------------------------------------------

    \4\ This requirement is intended to capture, among other things,
situations where a person associated with an NASD member firm
maintains its own Internet Web site or ``home page'' that relates to
a member's investment banking or securities business. For example,
NASD understands that independent contractors or their firms
sometimes maintain a separate home page for each independent
contractor for marketing purposes.
    \5\ While a member would be free to provide hyperlinks relating
to subsequent or additional references to NASD on its Web site, it
would not be required to provide more than one hyperlink. In
addition, a member would be permitted to make the word NASD itself a
live hyperlink or to provide a separate hyperlink to NASD's home
page so long as it is in ``close proximity'' to the member's most
prominent indication of its NASD membership.
---------------------------------------------------------------------------

    The proposed rule change is intended to help investors understand
the significance of a firm being an NASD member and also is designed to
facilitate access to the information on http://www.nasd.com. NASD

believes that facilitating investor access to NASD's Web site will
enhance investor protection and lead to better educated and informed
investors. The proposed rule change is similar to a rule adopted by the
Securities Investor Protection Corporation (``SIPC''), which requires
that its members provide a live hyperlink to SIPC's Web site, http://www.SIPC.org
, when referring to membership in SIPC.\6\

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

    \6\ See Article 11, Section 4 of SIPC Bylaws.
---------------------------------------------------------------------------

    NASD will announce the effective date of the proposed rule change
in a Notice to Members to be published no later than 60 days following
Commission approval. The effective date will be 180 days following
publication of the Notice to Members announcing Commission approval.
2. Statutory Basis
    NASD believes that the proposed rule change, as amended, is
consistent with the provisions of Sections 15A(b)(6) of the Act,\7\
which requires, among other things, that NASD rules must be designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, and, in general, to protect
investors and the public interest. NASD believes that facilitating
investor access to NASD's Web site will lead to better educated and
informed investors and help investors understand the significance of
NASD membership.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    NASD does not believe that the proposed rule change will result in
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

    Written comments were neither solicited nor received by NASD.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which NASD consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, 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-NASD-2006-073 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary,

Securities and Exchange Commission, 100 F Street, NE., Washington, DC
20549-1090.

All submissions should refer to File Number SR-NASD-2006-073. 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
provision of 5 U.S.C. 552, will be available for inspection and copying
in the Commission's Public Reference Room. Copies of such filing also
will be available for inspection and copying at the principal office of
NASD. 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 submission should refer to File Number SR-NASD-
2006-073 and should be submitted on or before July 27, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E6-10531 Filed 7-5-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 118 (Tuesday, June 19, 2018)]
[Notices]
[Page 28438]
[FR Doc No: 2018-13094]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4363-DR; Docket ID FEMA-2018-0001]

Indiana; Amendment No. 2 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 Indiana (FEMA-4363-DR), dated May 4, 2018, and related
determinations.

DATES: This amendment was issued June 5, 2018.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Indiana is hereby amended to include the following
area among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of May 4, 2018.

    Pulaski County for Public Assistance (already designated for
Individual Assistance).
    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.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-13094 Filed 6-18-18; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 87, Number 163 (Wednesday, August 24, 2022)]
[Notices]
[Pages 51996-51997]
[FR Doc No: 2022-18073]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-D-4188]

Tobacco Products: Principles for Designing and Conducting Tobacco
Product Perception and Intention Studies; Guidance for Industry;
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a final guidance for industry entitled ``Tobacco
Products: Principles for Designing and Conducting Tobacco Product
Perception and Intention Studies.'' The final guidance provides
information intended to assist applicants design and conduct tobacco
product perception and intention (TPPI) studies that may be submitted
as part of a modified risk tobacco product application (MRTPA), a
premarket tobacco product application (PMTA), or a substantial
equivalence (SE) report. The final guidance discusses a variety of
scientific issues applicants may want to consider as they design and
conduct TPPI studies.

DATES: The announcement of the guidance is published in the Federal
Register on August 24, 2022.

ADDRESSES: You may submit either electronic or written comments on
Agency guidances at any time as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2019-D-4188 for ``Tobacco Products: Principles for Designing and
Conducting Tobacco Product Perception and Intention Studies; Guidance
for Industry; Availability.'' Received comments will be placed in the
docket and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240-
402-7500.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the

claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of this guidance to the
Center for Tobacco Products, Food and Drug Administration, Document
Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G335, Silver
Spring, MD 20993-0002. Send one self-addressed adhesive label to assist
that office in processing your request or include a Fax number to which
the guidance document may be sent. See the SUPPLEMENTARY INFORMATION
section for information on electronic access to the guidance.

FOR FURTHER INFORMATION CONTACT: Paul Hart, Center for Tobacco
Products, Food and Drug Administration, Document Control Center, 10903
New Hampshire Ave., Bldg. 71, Rm. G335, Silver Spring, MD 20993-0002,
1-877-287-1373, email: CTPRegulation[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance for industry
entitled ``Tobacco Products: Principles for Designing and Conducting
Tobacco Product Perception and Intention Studies.''
    The Family Smoking Prevention and Tobacco Control Act (Pub. L. 111-
31) (Tobacco Control Act) amended the Federal Food, Drug, and Cosmetic
Act (FD&C Act) and granted FDA authority to regulate the manufacture,
marketing, and distribution of tobacco products to protect public
health generally and to reduce tobacco use by minors. The FD&C Act, as
amended by the Tobacco Control Act, requires new tobacco products to
undergo premarket review and receive an order from FDA before being
introduced or delivered for introduction into interstate commerce. The
FD&C Act establishes three pathways to market for new tobacco products:
     Submission of a PMTA under section 910(b) of the FD&C Act
(21 U.S.C. 387j(b)) and receipt of a marketing order under section
910(c)(1)(A)(i) of the FD&C Act (21 U.S.C. 387j(c)(1)(A)(i)),
     Submission of a SE report under section 905(j)(1)(A) of
the FD&C Act (21 U.S.C. 387e(j)(1)(A)) and receipt of an SE marketing
order, or
     Submission of a request for an exemption from the
requirements of demonstrating SE under section 905(j)(3) of the FD&C
Act (21 U.S.C. 387e(j)(3)) and receipt of an exemption from FDA
(implemented at Sec.  1107.1 (21 CFR 1107.1)).
    To introduce or deliver for introduction into interstate commerce a
modified risk tobacco product, there must be in effect an order under
section 911(g) of the FD&C Act (21 U.S.C. 387k(g)) and the applicant
must satisfy any applicable premarket review requirements under section
910 of the FD&C Act.
    The final guidance is intended to assist applicants design and
conduct TPPI studies that may be submitted as part of an MRTPA, a PMTA,
or a SE report. TPPI studies can help applicants demonstrate that their
product meets the applicable premarket authorization standard. For
example, TPPI studies can be used to assess, among other things,
individuals' perceptions of tobacco products, understanding of tobacco
product information, and intentions to use tobacco products. The final
guidance is intended to address a variety of scientific issues
applicants may consider as they design and conduct TPPI studies to
support tobacco product applications.
    A notice of availability for the draft guidance appeared in the
Federal Register of October 28, 2020 (85 FR 68341). FDA considered
comments received and revised the final guidance as appropriate in
response to the comments. This included, for example, reorganizing the
structure of the guidance to ensure the document is more user-friendly,
defining additional terms to improve clarity, and providing additional
information on various recommendations related to the development of
TPPI studies.
    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
current thinking of FDA on designing and conducting tobacco product
perception and intention studies, and should be viewed only as
recommendations, unless specific regulatory or statutory requirements
are cited. This guidance provides non-binding recommendations on TPPI
studies and does not establish requirements for submitting studies in
support of an application. It does not establish any rights for any
person and is not binding on FDA or the public. You can use an
alternative approach if it satisfies the requirements of the applicable
statutes and regulations.

II. Paperwork Reduction Act of 1995

    While this guidance contains no collection of information, it does
refer to previously approved FDA collections of information. Therefore,
clearance by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3521) is not
required for this guidance. The previously approved collections of
information are subject to review by OMB under the PRA. The collections
of information in Sec.  1107.1(b) and (c) have been approved under OMB
control number 0910-0684. The collections of information under section
910 of the FD&C Act have been approved under OMB control number 0910-
0768. The collections of information under 21 CFR part 1114 have been
approved under OMB control number 0910-0879. The collections of
information in 21 CFR part 1107, subparts B through E, have been
approved under OMB control number 0910-0673.

III. Electronic Access

    Persons with access to the internet may obtain an electronic
version of the guidance at https://www.fda.gov/tobacco-products/products-guidance-regulations/rules-regulations-and-guidance, https://www.fda.gov/regulatory-information/search-fda-guidance-documents, or
https://www.regulations.gov.

    Dated: August 17, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-18073 Filed 8-23-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: March 12, 2008 (Volume 73, Number 49)]
[Rules and Regulations]
[Page 13127-13128]
[DOCID:fr12mr08-26]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-0115]
RIN 1625-AA09

Drawbridge Operation Regulations; Potomac River, Between Maryland
and Virginia

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: The Commander, Fifth Coast Guard District, has approved an
additional temporary deviation from the regulations governing the
operation of the new Woodrow Wilson Memorial (I-95) Bridge, mile 103.8,
across Potomac River between Alexandria, Virginia and Oxon Hill,
Maryland. While construction continues, this added deviation allows the
drawbridge to remain closed-to-navigation each day from 10 a.m. to 2
p.m. beginning March 2, 2008 until and including May 30, 2008.

DATES: This deviation is effective from 10 a.m. on March 2, 2008, until
2 p.m. on May 30, 2008.

ADDRESSES: Materials referred to in this document are available for
inspection or copying at Commander (dpb), Fifth Coast Guard District,
Federal Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-
5004 between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays. The telephone number is<PHONE_NUMBER>. Commander (dpb),
Fifth Coast Guard District maintains the public docket for this
temporary deviation.

FOR FURTHER INFORMATION CONTACT: Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On January 25, 2008, we published a notice
of temporary deviation from the regulations entitled ``Drawbridge
Operation Regulations; Potomac River, Between Maryland and Virginia''
in the Federal Register (73 FR 4472).
    The Maryland State Highway Administration and the Virginia
Department of Transportation, co-owners of the drawbridge, requested an
extension of the aforementioned temporary deviation with new dates in
an effort to minimize the potential for major regional traffic impacts
and consequences during bridge openings while construction continues.
    Bridge owners requested that the new drawbridge not be available
for openings for vessels each day between the hours of 10 a.m. to 2
p.m. from Sunday, March 2, 2008 through Friday, May 30, 2008. The
temporary deviation will only affect vessels with mast heights of 75
feet or greater. Furthermore, all affected vessels with mast heights
greater than 75 feet will be able to receive an opening of the new
drawbridge in the ``off-peak'' vehicle traffic hours (evening and
overnight) in accordance with 33 CFR 117.255(a).
    The Coast Guard will inform the users of the waterway through our
Local and Broadcast Notices to Mariners of the closure period for the
bridge so that vessels can arrange their transits to minimize any
impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: February 25, 2008.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration Branch, Fifth Coast Guard District.
 [FR Doc. E8-4932 Filed 3-11-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register: December 22, 2008 (Volume 73, Number 246)]
[Notices]
[Page 78378-78379]
[DOCID:fr22de08-101]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2008-0016]

National Incident Management System Intelligence/Investigations
Function Guidance Document

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of availability; request for comments.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) is accepting
comments on the National Incident Management System (NIMS)
Intelligence/Investigations Function Guidance Document (NIMS I&I). This
document provides guidance on utilizing and integrating the
Intelligence/Investigations Function while adhering to the concepts and
principles of the NIMS. NIMS I&I presents information intended for the
ICS practitioner that will assist in the decision-making process
regarding the placement of the Function within the command structure,
and provides tools that may be used while implementing the Function.
The Function has aspects that cross disciplines, including traditional
law enforcement, epidemiological investigations, regulatory
investigations, and medical examiner/coroner investigations, as well as
those conducted by the National Transportation Safety Board or other
investigatory agencies. This Function can be utilized for planned
events, as well as incidents.

DATES: Comments must be received by January 21, 2009.

ADDRESSES: The NIMS I&I is available online at http://
www.regulations.gov. You may also view a hard copy of the NIMS I&I at
the Office of Chief Counsel, Federal Emergency Management Agency, Room
835, 500 C Street, SW., Washington, DC 20472. You may submit comments
on the NIMS I&I, identified by Docket ID FEMA-2008-0016, using one of
the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments, to the proper Docket ID.
    E-mail<EMAIL_ADDRESS>Include Docket ID in the subject line
of the message.
    Fax:<PHONE_NUMBER>.
    Mail/Hand Delivery/Courier: Regulation & Policy Team, Office of
Chief Counsel, Federal Emergency Management Agency, Room 835, 500 C
Street, SW., Washington, DC 20472.
    Instructions: All Submissions received must include the agency name
and Docket ID. Regardless of the method used for submitting comments or
material, all submissions will be posted, without change, to the
Federal eRulemaking Portal at http://www.regulations.gov, and will
include any personal information you provide. Therefore, submitting
this information makes it public. You may wish to read the Privacy Act
notice that is available on the Privacy and Use Notice link on the
Administration Navigation Bar of http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments received, go to the Federal eRulemaking Portal at http://
www.regulations.gov. Submitted comments may also be inspected at FEMA,
Office of Chief Counsel, Room 835, 500 C Street, SW., Washington, DC
20472.

FOR FURTHER INFORMATION CONTACT: Robert Schweitzer, Executive Director,
National Preparedness Directorate, Federal Emergency Management Agency,
500 C Street, SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On February 28, 2003, the President issued
Homeland Security Presidential Directive-5 (HSPD-5), Management of
Domestic Incidents, which directed the Secretary of Homeland Security
to develop and administer a National Incident Management System (NIMS).
This system provides a consistent nationwide template to enable
Federal, State, tribal, and local governments, the private sector, and
nongovernmental organizations to work together to prevent, protect
against, respond to, recover from, and mitigate the effects of
incidents, regardless of cause, size, location, or complexity. This
consistency provides the foundation for utilization of NIMS for all
incidents, ranging from daily occurrences to incidents requiring a
coordinated Federal response. NIMS represents a core set of doctrines,
concepts, principles, terminology, and organizational processes that
enables effective, efficient, and collaborative incident management.
One of the elements of NIMS is the Intelligence/Investigations Function
within the Incident Command System (ICS).
    This document provides guidance on utilizing and integrating the
Intelligence/Investigations Function while adhering to the concepts and
principles of the National Incident Management System (NIMS). The
Intelligence/Investigations Function within the Incident Command System
(ICS) provides a flexible and scalable framework that will allow for
the integration of intelligence and investigations activities and
information. This guidance and the accompanying Intelligence/
Investigations Field Operations Guide (IIFOG) are applicable in all
situations involving intelligence/investigations information, ranging
from everyday operations that utilize conventional unclassified
information, to terrorist incidents where the information is classified
at the highest levels and requires the incorporation of national
intelligence capabilities provided by U.S. Intelligence Community
assets. The document presents information intended for the ICS
practitioner (including the Incident Commander/Unified Command) that
will assist in the decision-making process regarding the placement of
the Function within the command structure, and provides tools that may
be used while implementing the Function.
    The activities and information that are at the core of this
Function are often viewed as primary responsibilities of
``traditional'' law enforcement. In many cases, intelligence/
investigations duties are fulfilled by law enforcement department/
agencies, but this Function has aspects that cross disciplines.
``Nontraditional,'' non-law enforcement forms of investigation might
include epidemiological investigations, regulatory investigations, and
medical examiner/coroner (ME/C) investigations, as well as those
conducted by the National Transportation Safety Board or other
investigatory agencies. Moreover, this Function can be utilized for
planned events, as well as incidents.
    FEMA solicits comments on the draft NIMS I&I, which is available in
Docket ID FEMA-2008-0016 at http://www.regulations.gov.

    Authority: Homeland Security Act of 2002, as amended, 6 U.S.C.
101 et seq.; Homeland Security Presidential Directive--5, Management
of Domestic Incidents; and Implementing Recommendations of the 9/11
Commission Act of 2007, Public Law 110-53, Section 408 and 409.

    Dated: December 12, 2008.
R. David Paulison,
Administrator, Federal Emergency Management Agency.
 [FR Doc. E8-30332 Filed 12-19-08; 8:45 am]

BILLING CODE 9110-21-P