[Federal Register Volume 84, Number 74 (Wednesday, April 17, 2019)]
[Rules and Regulations]
[Pages 15959-15961]
[FR Doc No: 2019-07667]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0152]
RIN 1625-AA87

Security Zone; Cumberland River, Nashville, TN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone on
the Cumberland River at Mile Marker (MM) 190.7 to MM 191.3, from the
Woodland Street Bridge to the Korean Veterans Boulevard Bridge,
extending 100 feet from the left descending bank, from April 25, 2019
through April 27, 2019. This security zone is needed to protect the
participants of the National Football League (NFL) draft, vessels, and
waterfront facilities from destruction, loss, or injury from sabotage
or other subversive acts, accidents, or other causes of a similar
nature during the NFL Draft in Nashville, TN. Entry into the security
zone is prohibited unless specifically authorized by the Captain of the
Port Sector Ohio Valley (COTP) or a designated representative.

DATES: This rule is effective from 3 p.m. on April 25, 2019 through 10
p.m. on April 27, 2019. This rule will be enforced from 3 p.m. through
11 p.m. on April 25, 2019, from 2:30 p.m. through 11:59 p.m. on April
26, 2019, and from 9 a.m. through 10 p.m. on April 27, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0152 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer First Class Nicholas Jones, Marine Safety
Detachment Nashville U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM with respect to this rule
because it is impracticable. It is impracticable to publish an NPRM
because we must establish this security zone by April 25, 2019 and lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
    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 necessary to prevent possible loss of life and property.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP has determined that potential security needs associated
with the NFL Draft from April 25, 2019 through April 27, 2019, present
a safety and security concern. The purpose of this rulemaking is to
ensure the safety and security of the NFL Draft participants, vessels,
and waterfront facilities within the regulated area before, during, and
after the scheduled times.

IV. Discussion of the Rule

    This rule establishes a temporary security zone on the Cumberland
River from MM 190.7 to MM 191.3, from the Woodland Street Bridge to the
Korean Veterans Boulevard Bridge, extending 100 feet from the left
descending bank, from April 25, 2019 through April 27, 2019. The
duration of the security zone is intended to ensure the safety and
security of the participants of the NFL Draft, vessels, and waterfront
facilities before, during, and after the scheduled times. Vessels are
not permitted to enter or transit this temporary security zone without
obtaining permission from the COTP or a designated representative.
    Persons or vessels desiring to enter into or pass through the zone
must request permission from the COTP or a designated representative.
They may be contacted on VHF-FM radio channel 16 or phone at 1-800-253-
7465.
    Persons and vessels permitted to enter the security zone must
transit at the slowest safe speed and comply with all lawful directions
issued by the COTP or a designated representative.
    The COTP or a designated representative will inform the public
through broadcast notices to mariners of the enforcement period for the
security zone, as well as any changes in the dates and times of
enforcement.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant

regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB), and pursuant to OMB guidance it is exempt from the requirements
of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the regulated area. This rule is
limited to less than one mile of the Cumberland River, at a location
that is not expected to have heavy vessel traffic at the specified
times of enforcement, and which will last for only three days.
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the regulated area and the rule allows
vessels to seek permission to enter the area.

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, 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
establishing a temporary security zone on the Cumberland River at MM
190.7 to 191.3, from the Woodland Street Bridge to the Korean Veterans
Boulevard Bridge, extending 100' out from the left descending bank,
from April 25, 2019 through April 27, 2019. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to 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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0152 to read as follows:

Sec.  165.T08-0152  Security Zone; Cumberland River, Nashville, TN.

    (a) Location. The following area is a security zone: All navigable
waters of the Cumberland River, Mile Maker (MM) 190.7 to MM 191.3, from
the Woodland Street Bridge to the Korean Veterans Boulevard Bridge,
extending 100' out from the left descending bank.
    (b) Effective period. This section is effective from 3 p.m. on
April 25, 2019 through 10 p.m. on April 27, 2019.
    (c) Periods of enforcement. This section will be enforced from 3
p.m. through 11 p.m. on April 25, 2019, from 2:30 p.m. through 11:59
p.m. on April

26, 2019, and from 9 a.m. through 10 p.m. on April 27, 2019.
    (d) Regulations (1) In accordance with the general regulations in
Sec.  165.23, entry into this security zone is prohibited unless
specifically authorized by the Captain of the Port Sector Ohio Valley
(COTP) or a designated representative. Persons or vessels desiring to
enter into or pass through the zone must request permission from the
COTP or a designated representative. They may be contacted on VHF-FM
radio channel 16 or phone at 1-800-253-7465.
    (2) Persons and vessels permitted to enter the security zone must
transit at the slowest safe speed and comply with all lawful directions
issued by the COTP Sector Ohio Valley or a designated representative.
    (e) Informational broadcasts. The COTP or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the security zone, as well as
any changes in the dates and times of enforcement.

    Dated: March 27, 2019.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2019-07667 Filed 4-16-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 213 (Thursday, November 3, 2011)]
[Notices]
[Pages 68257-68260]
[FR Doc No: 2011-28584]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Letters of Interest for Credit Assistance Under the
Transportation Infrastructure Finance and Innovation Act (TIFIA)
Program

AGENCY: Federal Highway Administration (FHWA), Federal Railroad
Administration (FRA), Federal Transit Administration (FTA), Maritime
Administration (MARAD), Office of the Secretary of Transportation
(OST), U.S. Department of Transportation (DOT).

ACTION: Notice of funding availability.

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SUMMARY: The DOT's TIFIA Joint Program Office (JPO) announces the
availability of a limited amount of funding in Fiscal Year (FY) 2012 to
provide credit assistance. Under TIFIA, the DOT provides secured
(direct) loans, lines of credit, and loan guarantees to public and
private applicants for eligible surface transportation projects of
regional or national significance. Projects must meet statutorily
specified criteria to be selected for credit assistance.
    Because demand for the TIFIA program exceeds budgetary resources,
the DOT is utilizing periodic fixed-date solicitations. This notice
outlines the

process that project sponsors must follow to compete to secure an
invitation for Federal credit assistance for Federal FY 2012.

DATES: For consideration in the FY 2012 funding cycle, Letters of
Interest must be submitted by 4:30 p.m. EST on December 30, 2011, using
the revised form on the TIFIA Web site: http://www.fhwa.dot.gov/ipd/tifia/guidance_applications/index.htm. Project sponsors that have
previously submitted Letters of Interest for a prior fiscal year's
funding must resubmit them to be considered for funding in FY 2012, as
outlined below.

ADDRESSES: Submit all Letters of Interest to the attention of Mr. Duane
Callender via email at<EMAIL_ADDRESS>Submitters should receive
a confirmation email, but are advised to request a return receipt to
confirm transmission. Only Letters of Interest received via email, as
provided above, shall be deemed properly filed.

FOR FURTHER INFORMATION CONTACT: For further information regarding this
notice please contact Duane Callender via email at<EMAIL_ADDRESS>or via telephone at<PHONE_NUMBER>. A TDD is available at (202) 366-
7687. Substantial information, including the TIFIA Program Guide and
application materials, can be obtained from the TIFIA Web site: http://www.fhwa.dot.gov/ipd/tifia/.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Program Funding
III. Eligible Projects
IV. Types of Credit Assistance
V. Estimated Project Cost Threshold Requirements
VI. Letters of Interest and Applications
VII. Selection Criteria

I. Background

    The Transportation Equity Act for the 21st Century (TEA-21), Public
Law 105-178, 112 Stat.107, 241, (as amended by sections 1601-02 of Pub.
L. 109-59) established the Transportation Infrastructure Finance and
Innovation Act of 1998 (TIFIA), authorizing the U.S. Department of
Transportation (DOT) to provide credit assistance in the form of
secured (direct) loans, lines of credit, and loan guarantees to public
and private applicants for eligible surface transportation projects.
The TIFIA regulations (49 CFR part 80) provide specific guidance on the
program requirements.\1\ On January 5, 2001, at 65 FR 2827, the
Secretary of Transportation (Secretary) delegated to the Administrator
of the Federal Highway Administration (FHWA) the authority to act as
the Executive Agent for the TIFIA program (49 CFR 1.48(b)(6)). The
TIFIA JPO, a component of the FHWA Office of Innovative Program
Delivery, has responsibility for coordinating program implementation.
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    \1\ The TIFIA regulations have not been updated to reflect
changes enacted in Public Law 109-59, SAFETEA-LU. Where the statute
and the regulation conflict, the statute takes precedence. See the
TIFIA Program Guide for updated program information.
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II. Program Funding

    In 2005, Congress enacted the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)
(Pub. L. 109-59, 119 Stat. 1144), which made a number of amendments to
TIFIA including lowering the estimated project cost thresholds and
expanding eligibility for TIFIA credit assistance. SAFETEA-LU
authorized $122 million annually from the Highway Trust Fund (HTF) for
Fiscal Years (FY) 2005 to 2009 in TIFIA budget authority to pay the
subsidy cost of credit assistance. As of the publication date of this
notice, extensions of the surface transportation reauthorization act
have been enacted continuing highway programs that were authorized
through FY 2009, and the expectation is that Congress will reauthorize
an equivalent amount of budget authority for the TIFIA program in FY
2012. Any budget authority not obligated in the fiscal year for which
it is authorized remains available for obligation in subsequent years.
The TIFIA budget authority is subject to an annual obligation
limitation that may be established in appropriations law. Like all
funds subject to the annual Federal-aid obligation ceiling, the amount
of TIFIA budget authority available in a given year may be less than
the amount authorized for that fiscal year.
    After reductions for administrative expenses and application of the
annual obligation limitation, TIFIA has approximately $110 million
available annually to provide credit subsidy support to projects.
Although dependent on the individual risk profile of each loan,
collectively, this budget authority could support approximately $1.1
billion in annual lending capacity.

III. Eligible Projects

    Highway, passenger rail, transit, intermodal projects, and
intelligent transportation systems may receive credit assistance under
TIFIA. Additionally, SAFETEA-LU expanded eligibility to private rail
facilities providing public benefit to highway users, and surface
transportation infrastructure modifications necessary to facilitate
direct intermodal transfer and access into and out of a port terminal.
See the definition of ``project'' in 23 U.S.C. 601(a)(8) and Chapter 3
of the TIFIA Program Guide for a description of eligible projects.

(http://www.fhwa.dot.gov/ipd/tifia/guidance_applications/index.htm).

IV. Types of Credit Assistance

    The DOT may provide credit assistance in the form of secured
(direct) loans, lines of credit, and loan guarantees. These types of
credit assistance are defined in 23 U.S.C. 601 and 49 CFR 80.3. The
TIFIA credit facility, which must be senior or parity lien in the event
of bankruptcy, liquidation or insolvency, can be subordinate as to cash
flows absent such an event. The maximum amount of TIFIA credit
assistance to a project is limited to 33 percent of eligible project
costs. Applicants may not include any of the fees assessed by TIFIA, or
costs related to the application process (such as charges associated
with obtaining the required preliminary rating opinion letter
referenced in section V), among eligible project costs for the purpose
of calculating the maximum 33 percent credit amount.

V. Estimated Project Cost Threshold Requirements

    Projects seeking TIFIA assistance must meet certain statutory
threshold requirements. Generally, the minimum size for TIFIA projects
is $50 million of eligible project costs; however, the minimum size for
TIFIA projects principally involving the installation of an intelligent
transportation system is $15 million. Each project seeking TIFIA
assistance must apply to the DOT, and must satisfy the applicable State
and local transportation planning requirements. Each application must
identify a dedicated revenue source to repay the TIFIA loan, and each
private applicant must receive public approval for its project as
demonstrated by satisfaction of the applicable planning and programming
requirements. These eligibility requirements are detailed in 23 USC
602(a) and Chapter 3 of the TIFIA Program Guide (http://www.fhwa.dot.gov/ipd/tifia/guidance_applications/index.htm).

VI. Letters of Interest and Applications

    Because the demand for credit assistance exceeds budgetary
resources, the DOT is utilizing periodic fixed-date solicitations that
will establish a competitive group of projects to be evaluated against
the TIFIA program statute, regulation, and objectives.

    Project sponsors seeking TIFIA credit assistance for FY 2012 must
submit a Letter of Interest describing the project fundamentals and
addressing the TIFIA selection criteria. For consideration in the FY
2012 funding cycle, Letters of Interest must be submitted by 4:30 p.m.
EST, via email at<EMAIL_ADDRESS>on December 30, 2011, using the
revised form on the TIFIA Web site: http://www.fhwa.dot.gov/ipd/tifia/guidance_applications/index.htm. Project sponsors that have previously
submitted Letters of Interest for a prior fiscal year's funding must
resubmit them using the FY 2012 form. For the purpose of completing its
evaluation, the TIFIA JPO staff may contact an applicant regarding
specific information in the Letter of Interest.
    A public agency that seeks access to TIFIA on behalf of multiple
competitors for a project concession must submit the project's Letter
of Interest. The DOT will not consider Letters of Interest from
entities that have not obtained rights to develop the project.
    After concluding its review of the Letters of Interest, the DOT
will invite complete applications (including the preliminary rating
opinion letter and detailed plan of finance). Letters of Interest
submitted pursuant to this notice of funding availability do not need
to include a preliminary rating opinion letter. However, projects
invited to submit applications will be required to obtain a preliminary
rating opinion letter. The senior debt obligations for each project
receiving TIFIA credit assistance must obtain an investment grade
rating from at least one nationally recognized credit rating agency, as
defined in 23 U.S.C. 601(a)(10) and 49 CFR 80.3. If the TIFIA credit
instrument is proposed as the senior debt, then it must receive the
investment grade rating.
    To demonstrate this potential, each application must include a
preliminary rating opinion letter from a credit rating agency that
addresses the creditworthiness of the senior debt obligations funding
the project and concludes that there is a reasonable probability for
the senior debt obligations to receive an investment grade rating. The
rating opinion letter should also provide an opinion on the default
risk for the TIFIA instrument and indicative ratings for both the
senior debt obligations and the TIFIA credit instrument. A project that
does not demonstrate the potential for its senior obligations to
receive an investment grade rating will not be considered for TIFIA
credit assistance. More detailed information about these TIFIA credit
opinions and ratings may be found in the Program Guide on the TIFIA Web
site at: http://www.fhwa.dot.gov/ipd/tifia/guidance_applications/index.htm.
    An invitation to apply for credit assistance does not guarantee
DOT's approval, which will remain subject to evaluation based on
TIFIA's statutory credit standards and the successful negotiation of
all terms and conditions.
    There is no fee to submit a Letter of Interest. For projects that
are invited to apply, fees are charged to cover the cost of financial
and legal advisory services. Additional fees will be charged after the
loan is executed. More detailed information about these fees can be
found in Chapter 4 of the TIFIA Program Guide: http://www.fhwa.dot.gov/ipd/pdfs/tifia/tifia_program_guide_072511.pdf.

VII. Selection Criteria

    The eight TIFIA selection criteria are described in statute at 23
U.S.C. 602(b) and are assigned relative weights via regulation at 49
CFR 80.15. The criteria are restated below with clarifying language
(where appropriate). The DOT may give priority to projects that enhance
the TIFIA portfolio's geographic diversity and have a significant
impact on desirable long-term outcomes for the Nation, a metropolitan
area, or a region. In addition, DOT may consider the project's
readiness and timeline to proceed to financial close on the TIFIA
instrument. With respect to selection criteria that have multiple
components, a project need not be well aligned with each of the
components in order to be successful in that criterion overall.
However, projects that are strongly aligned with multiple components
will be the most successful in those criteria. Furthermore, a project
that has a negative effect on safety or environmental sustainability
will need to demonstrate significant merits in other components in
order to be selected for funding. Listed in order of relative weight,
the TIFIA selection criteria are as follows:
    (i) The extent to which the project is nationally or regionally
significant, in terms of generating economic benefits, supporting
international commerce, or otherwise enhancing the national
transportation system. This includes consideration of livability:
providing transportation options that are linked with housing and
commercial development to improve the economic opportunities and
quality of life for people in communities across the U.S.; economic
competitiveness: contributing to the economic competitiveness of the
U.S. by improving the long-term efficiency and reliability in the
movement of people and goods; and safety: improving the safety of U.S.
transportation facilities and systems and the communities and
populations they impact. Relative weight: 20 percent.
    (ii) The extent to which TIFIA assistance would foster innovative
public-private partnerships and attract private debt or equity
investment. Relative weight: 20 percent.
    (iii) The extent to which the project helps maintain or protect the
environment. This includes sustainability: improving energy efficiency,
reducing dependence on oil, reducing greenhouse gas emissions, and
reducing other transportation-related impacts on ecosystems; including
the use of tolling or pricing structures to reduce or manage high
levels of congestion on highway facilities and encourage the use of
alternative transportation options; and state of good repair: improving
the condition of existing transportation facilities and systems, with
particular emphasis on projects that minimize lifecycle costs and use
environmentally sustainable practices and materials. Relative weight:
20 percent.
    (iv) The creditworthiness of the project. This includes a
demonstrated capacity to repay the Federal credit assistance as well as
a determination that the project has appropriate security features such
as proper coverage ratios, rate covenants, and reserves, as applicable.
Relative weight: 12.5 percent.
    (v) The likelihood that TIFIA assistance would enable the project
to proceed at an earlier date than the project would otherwise be able
to proceed. For purposes of this criterion, project sponsors should
demonstrate that traditional sources of financing are not available at
feasible rates, or that the costs of traditional financing would
constrain their ability to deliver the project, or that delivery of
this project through traditional financing approaches would constrain
their ability to deliver additional components of their capital
programs. Relative weight: 12.5 percent.
    (vi) The extent to which the project uses new technologies,
including intelligent transportation systems, to enhance the efficiency
of the project. Relative weight: 5 percent.
    (vii) The amount of budget authority required to fund the Federal
credit instrument made available under TIFIA. Relative weight: 5
percent.
    (viii) The extent to which TIFIA assistance would reduce the
contribution of Federal grant assistance

to the project. Relative weight: 5 percent.

    Authority:  23 U.S.C. 601-609; 49 CFR 1.48(b)(6); 23 CFR part
180; 49 CFR part 80; 49 CFR part 261; 49 CFR part 640.

    Issued on: October 31, 2011.
Victor M. Mendez,
Administrator.
[FR Doc. 2011-28584 Filed 11-2-11; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 76, Number 203 (Thursday, October 20, 2011)]
[Notices]
[Pages 65217-65218]
[FR Doc No: 2011-27181]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2011-0186]

Inorganic Arsenic Standard; Extension of the Office of Management
and Budget's (OMB) Approval of Information Collection (Paperwork)
Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning its proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Inorganic Arsenic
Standard (29 CFR part 1910.1018).

DATES: Comments must be submitted (postmarked, sent, or received) by
December 19, 2011.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit your comments and attachments
to the OSHA Docket Office, Docket No. OSHA-2011-0186, U.S. Department
of Labor, Occupational Safety and Health Administration, Room N-2625,
200 Constitution Avenue, NW., Washington, DC 20210. Deliveries (hand,
express mail, messenger, and courier service) are accepted during the
Department of Labor's and Docket Office's normal business hours, 8:15
a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA
docket number (OSHA-2011-0186) for the Information Collection Request
(ICR). All comments, including any personal information you provide,
are placed in the public docket without change, and may be made
available online at http://www.regulations.gov. For further information
on submitting comments see the ``Public Participation'' heading in the
section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You also may contact Theda Kenney at
the address below to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Theda Kenney, Directorate of Standards
and Guidance, OSHA, U.S. Department of Labor, Room N-3609, 200
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2222.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651
et seq.) authorizes information collection

by employers as necessary or appropriate for enforcement of the OSH Act
or for developing information regarding the causes and prevention of
occupational injuries, illnesses, and accidents (29 U.S.C. 657). The
OSH Act also requires that OSHA obtain such information with minimum
burden upon employers, especially those operating small businesses, and
to reduce to the maximum extent feasible unnecessary duplication of
efforts in obtaining information (29 U.S.C. 657).
    The information collection requirements in the Inorganic Arsenic
Standard provide protection for workers from the adverse health effects
associated with exposure to inorganic arsenic. The Inorganic Arsenic
Standard requires employers to: monitor workers' exposure to inorganic
arsenic; monitor worker health; develop and maintain worker exposure
monitoring and medical records; establish and implement written
compliance programs; and provide workers with information about their
exposures and the health effects of exposure to inorganic arsenic.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    The Agency is requesting an adjustment in the number of burden
hours from 385 to 637 due to an increase in the number of
establishments from three to five. The cost burden also increased from
$31,165 to $54,197 due primarily to the increase in the cost of medical
examinations and chest x-rays from $196 to $210.
    Type of Review: Extension of a currently approved collection.
    Title: Inorganic Arsenic Standard (29 CFR 1910.1018).
    OMB Number: 1218-0104.
    Affected Public: Business or other for-profits.
    Number of Respondents: 5.
    Frequency: On occasion; quarterly; semi-annually; annually.
    Total Responses: 1,936.
    Average Time per Response: Varies from five minutes (.08 hour) for
a secretary to prepare and post each notification to eight hours for a
supervisor to update each compliance plan.
    Estimated Total Burden Hours: 637.
    Estimated Cost (Operation and Maintenance): $54,197

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile; or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for this ICR (Docket No. OSHA-2011-0186).
You may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and docket number so the Agency can attach them to
your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov Web site to submit
comments and access the docket is available at the Web site's ``User
Tips'' link. Contact the OSHA Docket Office for information about
materials not available through the Web site, and for assistance in
using the Internet to locate docket submissions.

V. Authority and Signature

    David Michaels, Ph.D., M.P.H., Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 4-2010
(75 FR 55355).

    Signed at Washington, DC, on October 17, 2011.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2011-27181 Filed 10-19-11; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Rules and Regulations]
[Pages 44514-44517]
[FR Doc No: 2017-20406]

=======================================================================
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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 170622586-7586-01]
RIN 0694--AH41

Removal of Certain Entities From the Entity List; and Revisions
of Entries on the Entity List

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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

SUMMARY: This rule amends the Export Administration Regulations (EAR)
by removing three entities under four entries from the Entity List.
This rule removes one entity listed under the destination of Australia,
one entity listed under the destination of China, and one entity listed
under the destinations of Iran and the United Arab Emirates from the
Entity List. The one additional entry is being removed to account for
one entity listed under more than one destination on the Entity List.
All three of the removals are the result of requests for removal
received by BIS pursuant to the section of the EAR used for requesting
removal or modification of an Entity List entity and a review of
information provided in the removal requests in accordance with the
procedure for requesting removal or modification of an Entity List
entity. Finally, this final rule modifies five existing entries on the
Entity List consisting of five entries under Pakistan to provide
additional or modified addresses and/or names for these persons.

DATES: This rule is effective September 25, 2017.

FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee,
Office of the Assistant Secretary, Export Administration, Bureau of
Industry and Security, Department of Commerce, Phone:<PHONE_NUMBER>,
Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The Entity List (Supplement No. 4 to part 744) identifies entities
and other persons reasonably believed to be involved, or to pose a
significant risk of being or becoming involved, in activities contrary
to the national security or foreign policy interests of the United
States. The EAR imposes additional license requirements on, and limits
the availability of most license exceptions for, exports, reexports,
and transfers (in-country) to those listed. The ``license review
policy'' for each listed entity or other person is identified in the
License Review Policy column on the Entity List and the impact on the
availability of license exceptions is described in the Federal Register
document adding entities or other persons to the Entity List. BIS
places entities and other persons on the Entity List pursuant to
sections of part 744 (Control Policy: End-User and End-Use Based) and
part 746 (Embargoes and Other Special Controls) of the EAR.
    The End-User Review Committee (ERC), composed of representatives of
the Departments of Commerce (Chair),

State, Defense, Energy and, where appropriate, the Treasury, makes all
decisions regarding additions to, removals from, or other modifications
to the Entity List. The ERC makes all decisions to add an entry to the
Entity List by majority vote and all decisions to remove or modify an
entry by unanimous vote.

ERC Entity List Decisions

Removals From the Entity List

    This rule implements a decision of the ERC to remove the following
three entities under four entries from the Entity List on the basis of
removal requests received by BIS, as follows: Vortex Electronics,
located in Australia; China National Commercial New Tone Trading
Company Ltd., located in China; and FIMCO FZE, located in Iran and the
United Arab Emirates (U.A.E.) (which accounts for two of the entries
this final rule removes). The entry for Vortex Electronics was added to
the Entity List on September 18, 2014 (see 79 FR 56003). The entry for
China National Commercial New Tone Trading Company Ltd was added to the
Entity List on July 28, 2015 (see 80 FR 44849). The two entries for
FIMCO FZE were added to the Entity List on August 1, 2014 (see 79 FR
44683).
    The ERC decided to remove these three entities under four entries
based on information received by BIS pursuant to Sec.  744.16 of the
EAR and further review conducted by the ERC.
    This final rule implements the decision to remove the following one
entity located in Australia, one entity located in China, and one
entity located in Iran and the U.A.E. from the Entity List:

Australia

    (1) Vortex Electronics, 125 Walker Street, Quakers Hill, NSW 2763,
Australia.

China

    (1) China National Commercial New Tone Trading Company Ltd, Room
616, 2nd Building, No. 45 Fuxingmennei St, Beijing, China, 100801; and
No. 45 Fuxing Mennei Avenue, Xicheng District, Beijing, China, 100801.

Iran

    (1) FIMCO FZE, No. 3, Rahim Salehi Alley, Akbari St., Roomi Bridge,
Dr. Shariati Ave., P.O. Box 3379, Tehran, Iran 3379/19395 (See
alternate address under U.A.E.).

United Arab Emirates

    (1) FIMCO FZE, LOB 16, F16401, P.O. Box 61342, JAFZ, U.A.E. (See
alternate addresses under Iran).
    The removal of the entities referenced above, which was approved by
the ERC, eliminates the existing license requirements in Supplement No.
4 to part 744 for exports, reexports and transfers (in-country) to
these entities. However, the removal of these entities from the Entity
List does not relieve persons of other obligations under part 744 of
the EAR or under other parts of the EAR. Neither the removal of an
entity from the Entity List nor the removal of Entity List-based
license requirements relieves persons of their obligations under
General Prohibition 5 in Sec.  736.2(b)(5) of the EAR which provides
that, ``you may not, without a license, knowingly export or reexport
any item subject to the EAR to an end-user or end-use that is
prohibited by part 744 of the EAR.'' Additionally, this removal does
not relieve persons of their obligation to apply for export, reexport
or in-country transfer licenses required by other provisions of the
EAR. BIS strongly urges the use of Supplement No. 3 to part 732 of the
EAR, ``BIS's `Know Your Customer' Guidance and Red Flags,'' when
persons are involved in transactions that are subject to the EAR.

Modifications to the Entity List

    This final rule implements decisions of the ERC to modify five
existing entries on the Entity List. Under the destination of Pakistan,
the ERC made a determination to revise five entries, as follows: revise
one address and add three additional addresses to the entry for IKAN
Engineering Services; correct the spelling of the name of an entry from
Imam Group to Iman Group; revise the address to the entry for
Interscan; revise the address for the entry for Makkays Hi-Tech
Systems; and revise the address to the entry for Micado.
    This final rule makes the following modifications to five entries
on the Entity List:

Pakistan

    (1) IKAN Engineering Services, a.k.a., the following one alias: -
IKAN Sourcing. 34-KM Shamki Bhattian Multan Road, Lahore, Pakistan; and
Plot 7, 1-11/3 Markaz, Islamabad, Pakistan; and Building #7, #9
Sanitary Market I-11/3 Islamabad, Pakistan; and House #B-4, Block-F
Gulshane-Jamal, Karachi, Pakistan; and 84/L Shah Rukn-e-Alam Colony
Multan, Pakistan;
    (2) Iman Group, a.k.a., the following one alias: -Pana
Communication Inc. Plot No. 227, St. No. 7, Sector I-9/2, Industrial
Area, Near Dry Port, Islamabad, Pakistan; and 70-East A.A. Plaza, Mezz.
Floor Blue Area, Islamabad 44000, Capital, Pakistan;
    (3) Interscan, Sattar Villa B, 32/1-C-1 Block-6, P.E.C.H.S.,
Karachi 75400i, Sindh, Pakistan;
    (4) Makkays Hi-Tech Systems, a.k.a., the following one alias: -Zaib
Electronics. Block 14 Civic Centre, G-6 Markaz, Islamabad, Pakistan;
and Kulsum Plaza, 42 Jinnah Avenue, Islamabad, Pakistan; and Basement
Khyber Plaza, Barma Town, near Barma Bridge, Lehtrar Road, Islamabad,
Pakistan; and House No. 675, Street No. 19, G-9/3, Islamabad, Pakistan;
and
    (5) Micado, 40-C, Block-6, P.E.C.H.S., Shahrah-e-Faisal, Karachi,
Sindh, Pakistan.

Export Administration Act of 1979

    Although the Export Administration Act of 1979 expired on August
20, 2001, the President, through Executive Order 13222 of August 17,
2001, 3 CFR, 2001 Comp., p. 783 (2002), as amended by Executive Order
13637 of March 8, 2013, 78 FR 16129 (March 13, 2013) and as extended by
the Notice of August 15, 2017, 82 FR 39005 (August 16, 2017), has
continued the Export Administration Regulations in effect under the
International Emergency Economic Powers Act. BIS continues to carry out
the provisions of the Export Administration Act of 1979, as appropriate
and to the extent permitted by law, pursuant to Executive Order 13222,
as amended by Executive Order 13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been determined to be not significant for
purposes of Executive Order 12866. This rule is not an Executive Order
13771 regulatory action because this rule is not significant under
Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget

(OMB) Control Number. This regulation involves collections previously
approved by OMB under control number 0694-0088, Simplified Network
Application Processing System, which includes, among other things,
license applications, and carries a burden estimate of 43.8 minutes for
a manual or electronic submission.
    Total burden hours associated with the PRA and OMB control number
0694-0088 are not expected to increase as a result of this rule. You
may send comments regarding the collection of information associated
with this rule, including suggestions for reducing the burden, to
Jasmeet K. Seehra, Office of Management and Budget (OMB), by email to
<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>.
    3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
    4. For the three entities under four entries removed from the
Entity List in this final rule, pursuant to the Administrative
Procedure Act (APA), 5 U.S.C. 553(b)(3)(B), BIS finds good cause to
waive requirements that this rule be subject to notice and the
opportunity for public comment because it would be contrary to the
public interest.
    In determining whether to grant a request for removal from the
Entity List, a committee of U.S. Government agencies (the End-User
Review Committee (ERC)) evaluates information about and commitments
made by listed entities or persons requesting removal from the Entity
List, the nature and terms of which are set forth in 15 CFR part 744,
Supplement No. 5, as noted in 15 CFR 744.16(b). The information,
commitments, and criteria for this extensive review were all
established through the notice of proposed rulemaking and public
comment process (72 FR 31005 (June 5, 2007) (proposed rule), and 73 FR
49311 (August 21, 2008) (final rule)). These three removals under four
entries have been made within the established regulatory framework of
the Entity List. If the rule were to be delayed to allow for public
comment, U.S. exporters may face unnecessary economic losses as they
turn away potential sales to the entities removed by this rule because
the customer remained a listed person on the Entity List even after the
ERC approved the removal pursuant to the rule published at 73 FR 49311
on August 21, 2008. By publishing without prior notice and comment, BIS
allows the applicants to receive U.S. exports immediately because the
applicants already have received approval by the ERC pursuant to 15 CFR
part 744, Supplement No. 5, as noted in 15 CFR 744.16(b).
    Removals from the Entity List granted by the ERC involve
interagency deliberation and result from review of public and non-
public sources, including sensitive law enforcement information and
classified information, and the measurement of such information against
the Entity List removal criteria. This information is extensively
reviewed according to the criteria for evaluating removal requests from
the Entity List, as set out in 15 CFR part 744, Supplement No. 5, and
15 CFR 744.16(b). For reasons of national security, BIS is not at
liberty to provide to the public detailed information on which the ERC
relied to make the decisions to remove these entities. In addition, the
information included in the removal request is information exchanged
between the applicant and the ERC, which by law (section 12(c) of the
Export Administration Act of 1979), BIS is restricted from sharing with
the public. Moreover, removal requests from the Entity List contain
confidential business information, which is necessary for the extensive
review conducted by the U.S. Government in assessing such removal
requests.
    Section 553(d) of the APA generally provides that rules may not
take effect earlier than thirty (30) days after they are published in
the Federal Register. BIS finds good cause to waive the 30-day delay in
effectiveness under 5 U.S.C. 553(d)(1) because this rule is a
substantive rule which relieves a restriction. This rule's removal of
three entities under four entries from the Entity List removes
requirements (the Entity-List-based license requirement and limitation
on use of license exceptions) on these three entities being removed
from the Entity List. The rule does not impose a requirement on any
other person for these removals from the Entity List. Further, no other
law requires that a notice of proposed rulemaking and an opportunity
for public comment be given for this final rule.
    5. The Department finds that there is good cause under 5 U.S.C.
553(b)(3)(B) to waive the provisions of the Administrative Procedure
Act (APA) requiring prior notice and the opportunity for public comment
for the five modifications included in this rule because, as described
above, they are impracticable and are contrary to the public interest.
In addition, these five changes are limited to to providing additional
or modified addresses and/or a corrected name for these entities on the
Entity List, which will assist the public in more easily identifying
these listed entities on the Entity List.
    6. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Accordingly,
no regulatory flexibility analysis is required and none has been
prepared.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, part 744 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:

PART 744--[AMENDED]

0
1. The authority citation for 15 CFR part 744 is revised to read as
follows:

    Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22
U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179;
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR,
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of September 15, 2016, 81 FR 64343
(September 19, 2016); Notice of November 8, 2016, 81 FR 79379
(November 10, 2016); Notice of January 13, 2017, 82 FR 6165 (January
18, 2017); Notice of August 15, 2017, 82 FR 39005 (August 16, 2017).

0
2. Supplement No. 4 to part 744 is amended:
0
a. By removing the entry for Australia;
0
b. By removing, under China, one Chinese entity, ``China National
Commercial New Tone Trading Company Ltd, Room 616, 2nd Building, No. 45
Fuxingmennei St, Beijing, China, 100801; and No. 45 Fuxing Mennei
Avenue, Xicheng District, Beijing, China, 100801'';
0
c. By removing, under Iran, one Iranian entity, ``FIMCO FZE, No. 3,
Rahim Salehi Alley, Akbari St., Roomi Bridge, Dr. Shariati Ave, P.O.
Box 3379, Tehran, Iran 3379/19395 (See alternate address under
U.A.E.)'';
0
d. By revising, under Pakistan, five Pakistani entities; and
0
e. By removing under the United Arab Emirates, one Emirati entity,
``FIMCO FZE, LOB 16, F16401, P.O. Box 61342, JAFZ, U.A.E. (See
alternate addresses under Iran).''
    The revisions read as follows:

Supplement No. 4 to Part 744--Entity List

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                              License review    Federal Register
        Country                     Entity             License requirement        policy            citation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
PAKISTAN...............                                         * * * * * *
                         IKAN Engineering Services,    For all items        Presumption of     79 FR 56003, 9/18/
                          a.k.a., the following one     subject to the       denial.            14. 82 FR
                          alias:                        EAR. (See Sec.                          [INSERT FR PAGE
                                                        744.11 of the EAR)                      NUMBER], 9/25/
                                                                                2017.
                         --IKAN Sourcing.

                         34-KM Shamki Bhattian Multan
                          Road, Lahore, Pakistan; and
                          Plot 7, 1-11/3 Markaz,
                          Islamabad, Pakistan; and
                          Building #7, #9 Sanitary
                          Market I-11/3 Islamabad,
                          Pakistan; and House #B-4,
                          Block-F Gulshane- Jamal,
                          Karachi, Pakistan; and 84/L
                          Shah Rukn-e-Alam Colony
                          Multan, Pakistan.
                         Iman Group, a.k.a., the       For all items        Presumption of     82 FR 24245, 5/26/
                          following one alias:          subject to the       denial.            17. 82 FR
                                                        EAR. (See Sec.                          [INSERT FR PAGE
                                                        744.11 of the EAR)                      NUMBER], 9/25/
                                                                                2017.
                         --Pana Communication Inc.

                         Plot No. 227, St. No. 7,
                          Sector I-9/2, Industrial
                          Area, Near Dry Port,
                          Islamabad, Pakistan; and 70-
                          East A.A. Plaza, Mezz.
                          Floor Blue Area, Islamabad
                          44000, Capital, Pakistan.
                         Interscan, Sattar Villa B,    For all items        Presumption of     82 FR 24245, 5/26/
                          32/1-C-1 Block-6,             subject to the       denial.            17. 82 FR
                          P.E.C.H.S., Karachi 75400i,   EAR. (See Sec.                          [INSERT FR PAGE
                          Sindh, Pakistan.              744.11 of the EAR)                      NUMBER], 9/25/
                                                                                2017.
                                                                * * * * * *
                         Makkays Hi-Tech Systems,      For all items        Presumption of     82 FR 24245, 5/26/
                          a.k.a., the following one     subject to the       denial.            17. 82 FR
                          alias:                        EAR. (See Sec.                          [INSERT FR PAGE
                                                        744.11 of the EAR)                      NUMBER], 9/25/
                                                                                2017.
                         -- Zaib Electronics.

                         Block 14 Civic Centre, G-6
                          Markaz, Islamabad,
                          Pakistan; and Kulsum Plaza,
                          42 Jinnah Avenue,
                          Islamabad, Pakistan; and
                          Basement Khyber Plaza,
                          Barma Town, near Barma
                          Bridge, Lehtrar Road,
                          Islamabad, Pakistan; and
                          House No. 675, Street No.
                          19, G-9/3, Islamabad,
                          Pakistan.
                                                                * * * * * *
                         Micado, 40-C, Block-6,        For all items        Presumption of     82 FR 24245, 5/26/
                          P.E.C.H.S., Shahrah-e-        subject to the       denial.            17. 82 FR
                          Faisal, Karachi, Sindh,       EAR. (See Sec.                          [INSERT FR PAGE
                          Pakistan.                     744.11 of the EAR)                      NUMBER], 9/25/
                                                                                2017.
                                                                * * * * * *
----------------------------------------------------------------------------------------------------------------

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

    Dated: September 19, 2017.
Richard E. Ashooh,
Assistant Secretary for Export Administration.
[FR Doc. 2017-20406 Filed 9-22-17; 8:45 am]
 BILLING CODE 3510-33-P


[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Notices]
[Page 21871]
[FR Doc No: 2020-08217]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4488-DR; Docket ID FEMA-2020-0001]

New Jersey; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of New Jersey (FEMA-4488-DR), dated March 25, 2020, and
related determinations.

DATES: This change occurred on April 7, 2020.

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 Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Thomas Von
Essen, of FEMA is appointed to act as the Federal Coordinating Officer
for this disaster.
    This action terminates the appointment of Robert Little III 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.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-08217 Filed 4-17-20; 8:45 am]
BILLING CODE 9111-23-P


EPA REGISTRATION DIVISION COMPANY NOTICE OF FILING FOR PESTICIDE PETITIONS PUBLISHED IN THE FEDERAL REGISTER

EPA Registration Division contact: PV Shah,<PHONE_NUMBER>

INSTRUCTIONS:  Please utilize this outline in preparing the pesticide petition.  In cases where the outline element does not apply, please insert "NA-Remove" and maintain the outline. Please do not change the margins, font, or format in your pesticide petition. Simply replace the instructions that appear in green, i.e., "[insert company name]," with the information specific to your action.

TEMPLATE:

Ecolab, Inc.

IN-10526

	EPA has received a pesticide petition (IN-10526) from Ecolab, Inc., EPA Company Number 1677, 370 N. Wabasha Street, St. Paul, MN 55102 proposing, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180.940a to establish an exemption from the requirement of a tolerance for Sodium Bisulfate, CAS Reg. No. 7681-38-1, for use as an inert ingredient in antimicrobial pesticide formulations applied to food-contact surfaces in public eating places, dairy processing equipment and food processing equipment and utensils in accordance with 40 CFR §180.940(a).  EPA has determined that the petition contains data or information regarding the elements set forth in section 408 (d)(2) of  FDDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data supports granting of the petition. Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry

	1. Plant metabolism. Not applicable to this inert ingredient petition

	2. Analytical method. Not applicable to this inert ingredient petition

	3. Magnitude of residues. Not applicable to this inert ingredient petition

B. Toxicological Profile

	1. Acute toxicity.  Because bisulfate/sulfate anion is a naturally-occurring constituent in many food substances and a mammalian (human) metabolite, the existing toxicology database is limited.  Since the bisulfate anion is converted to sulfate in solution, toxicology studies for sodium sulfate are generally considered as relevant for sodium bisulfate as well.

The World Health Organization (WHO, 2010a) reported a low level of acute oral toxicity in mammals, including 2800 mg/kg bw in male rats and >2500 mg/kg bw in female rats.  The oral LD50 results from the rat toxicity study are equivalent to EPA Toxicity Category III.

Sodium bisulfate is not irritating to skin.

	2. Genotoxicity. There are no reported genotoxicity studies for sodium bisulfate and it is not listed as a carcinogen by NTP, IARC, or OSHA.

The UNEP (2005) SIDs for Sodium Sulfate reported negative AMES results.  Additionally, UNEP reported that a non-GLP chronic feeding study (1975) in which male Sprague-Dawley rats were fed 0.84% sodium sulfate in the diet for up to 27 and 44 weeks as the control in a toxicity study for Azo Dyes did not result in mortality or the formation of tumors.  Moreover, there were no significant differences in overall body weight gain or in liver weight.

      3. Reproductive and developmental toxicity. Groups of pregnant CF-1 albino mice were injected subcutaneously on gestation day 8 or 9 with sodium sulfate at 60 mg/kg bw given as 10 mg/ml in water.  Although skeletal abnormalities were observed in both groups, the difference seen from saline controls after dosing on day 9 of gestation was not significant, and the anomalies did not appear to involve fusions of the axial skeleton.        Pregnant ICR/SIM mice were given a saturated aqueous solution of sodium sulfate orally by gavage, with a dose of 2800 mg/kg bw/day on days 8-12 of gestation. No maternal deaths occurred and the average maternal weight gain during the treatment period was not significantly different from that of water-treated controls.  Twenty-four litters were delivered alive, and none were resorbed.  The mean numbers of neonates delivered alive and dead in each litter and the survival of neonates on day 3 were not statistically significantly different from those of controls.

	4. Subchronic toxicity. Due to its naturally occurring prevalence in food, subchronic toxicity data specific to sodium bisulfate are not readily available.

	5. Chronic toxicity. Due to its naturally occurring prevalence in food, chronic toxicity data specific to sodium bisulfate are not readily available.

	6. Animal metabolism. Sodium bisulfate mammalian metabolism is essentially that of sodium cation and sulfate anion.  When sodium hydrogen sulfate is added to food products containing water or after ingestion of sodium hydrogen sulfate, it ionizes to sodium ions, hydrogen ions and sulfate ions.

Excess sulfate anions, naturally-occurring components in food and a metabolite of in vivo sulfur oxidation, are highly water soluble and therefore eliminated in urine unchanged without the formation of toxic metabolites.

	7. Metabolite toxicology. There are no metabolites of toxicological concern.

	8. Endocrine disruption. EPA did not report having any available information to suggest that sodium bisulfate would have any endocrine effects.  When the appropriate screening and/or testing protocols under the EDSP have been developed, sodium bisulfate may be subject to additional screening and/or testing to better characterize effects related to endocrine disruption.  This does not impact the current regulatory status of sodium bisulfate.

C. Aggregate Exposure

1. Dietary exposure. In the Reregistration Eligibility Decision Document for Mineral Acids (1993), EPA stated: "The four mineral acids [which included sodium bisulfate] pose no human dietary risks.  People may be exposed to these chemicals when they are used as antimicrobials, however this exposure involves such dilute solutions that it is believed to be inconsequential."

	i. Food.  Sodium bisulfate (and its hydrolyzed congener sodium sulfate) occurs naturally (at non-toxic levels) in many food products, which humans may be exposed to on a daily basis without apparent harmful effects.

	ii. Drinking water.  Sulfates can occur naturally in drinking water.  A 1999 United States Environmental Protection Agency and Centers for Disease Control and Prevention on the health effects from exposure to high levels of sulfate in the drinking-water in two sensitive populations (infants and transient adults) did not show statistically significant effects.

	2. Non-dietary exposure. Residential exposure could come from use of sodium bisulfate in consumer products, such as a toilet bowl cleaners.  There are no risk concerns for these exposures.

D. Cumulative Effects JECFA (2010) confirms that bisulfate/sulfate anions do not constitute toxic metabolites.  Thus, the Agency would assume that sodium bisulfate does not have a common mechanism of toxicity with other substances.  As a result, any potential human health risks would be those that result only from the use of sodium bisulfate as a household use sanitizer for toilet bowls and as an inert ingredient in pesticide formulations applied to growing crops according to 40 CFR §180.920 applications.

E. Safety Determination

	1. U.S. population. EPA has not reported toxicological endpoints of concern for the current non-food residential use and the use as an inert ingredient in pesticide formulations according to 40 CFR §180.920 applications. Based on this, EPA has determined that a quantitative risk assessment is not required for sodium bisulfate. The anticipated food, drinking water and residential exposure should not be of concern since toxicological endpoints for risk assessment were not identified based on the available data.

	2. Infants and children. The safety determination for infants and children considers factors of the toxicity, use practices, and environmental behavior noted above for the general population, but also takes into account the possibility of increased dietary exposure due to the specific consumption patterns of infants and children, as well as the possibility of increased susceptibility to the toxic effects of sodium bisulfate residues in this population subgroup.  The Agency has previously determined that there are no additional risks to infants and children from sodium bisulfate.  The inclusion of the uses supported by adding the tolerance exemption at 40 CFR § 180.940(a) would not change this determination.

F. International Tolerances Currently, there are no CODEX MRLs established for sodium bisulfate.


[Federal Register: December 16, 2009 (Volume 74, Number 240)]
[Notices]
[Page 66627-66628]
[DOCID:fr16de09-44]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13513-000]

Lock+ Hydro Friends Fund XXII, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

December 10, 2009.
    On June 12, 2009, Lock+ Hydro Friends Fund XXII, LLC filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act, proposing to study the feasibility of the Project
Darwin, which would be located at the U.S. Army Corps of Engineer's
Cape Fear Lock and Dam No. 1 on the Cape fear River near the town of
Kings Bluff, Bladen County, NC. The sole purpose of a preliminary
permit, if issued, is to grant the permit holder priority to file a
license application during the permit term. A preliminary permit does
not authorize the permit holder to perform any land disturbing
activities or otherwise enter upon lands or waters owned by others
without the owners' express permission.

    The proposed project would consist of the following:
    (1) Two lock frame modules consisting of eighteen 525 kilowatt
turbines placed in a concrete-lined conduit of unknown dimensions. The
module would be located adjacent to and east of the Corps dam; and (2)
a proposed 69 kV transmission line approximately 2.0 miles long
extending from the turbine units to an existing distribution line
located east of the dam. The 9.45 megawatt project would have an
estimated annual generation of 74 gigawatt-hours.
    Applicant Contact: Wayne F. Krouse; Hydro Green Energy, LLC; 5090
Richmond Avenue 390; Houston, TX 77056; phone:<PHONE_NUMBER>
x709.
    FERC Contact: Monte TerHaar at<EMAIL_ADDRESS>or phone 202-
502-6035.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
(http://www.ferc.gov/docs-filing/ferconline.asp) under the ``eFiling''
link. For a simple method of submitting text only comments, click on
``Quick Comment.'' For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>call toll-free at<PHONE_NUMBER>; or,
for TTY, contact<PHONE_NUMBER>. Although the Commission strongly
encourages electronic filing, documents may also be paper-filed. To
paper-file, mail an original and eight copies to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13513) in the docket number field to access
the document. For assistance, contact FERC Online Support.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-29918 Filed 12-15-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 35 (Friday, February 21, 2020)]
[Notices]
[Pages 10201-10202]
[FR Doc No: 2020-03549]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 1 p.m. on Tuesday, February 25, 2020.

PLACE: The meeting will be held at the Commission's headquarters, 100 F
Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the

Commissioners, the Secretary to the Commission, and recording
secretaries will attend the closed meeting. Certain staff members who
have an interest in the matters also may be present. In the event that
the time, date, or location of this meeting changes, an announcement of
the change, along with the new time, date, and/or place of the meeting
will be posted on the Commission's website at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matters of the closed meeting will consist of the
following topics:

    Institution and settlement of injunctive actions; Institution
and settlement of administrative proceedings; Resolution of
litigation claims; and Other matters relating to enforcement
proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.

    Dated: February 18, 2020.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2020-03549 Filed 2-19-20; 11:15 am]
 BILLING CODE 8011-01-P


[Federal Register: April 26, 2011 (Volume 76, Number 80)]
[Notices]
[Page 23322]
[DOCID:fr26ap11-58]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14144-000]

Storage Development Partners, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On April 1, 2011, Storage Development Partners, LLC, filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to study the feasibility of the
Vandenberg 5 Project (project) to be located on Vandenberg Air
Force Base, in Santa Barbara County, California. The sole purpose of a
preliminary permit, if issued, is to grant the permit holder priority
to file a license application during the permit term. A preliminary
permit does not authorize the permit holder to perform any land-
disturbing activities or otherwise enter upon lands or waters owned by
others without the owners' express permission.
    The proposed project would be a pumped storage project and consist
of the following: (1) An upper reservoir having a total storage
capacity of 5,737 acre-feet at a normal maximum operating elevation of
1,600 feet mean sea level (msl); (2) five 9,700-foot-long, 25-foot-
diameter steel lined penstocks extending between the upper reservoir's
inlet/outlet and the pump/turbines below; (3) a breakwater area within
the Pacific Ocean, serving as the lower reservoir; (4) an underground
powerhouse with approximate dimensions of 250-feet-long by 75-feet-wide
by 100-feet-high and containing five reversible pump/turbine-motor/
generator units with a rated capacity of 239,282 kW each; (5) a 1000-
foot-long, 800-foot-diameter concrete lined tailrace connecting the
pump/turbine draft tubes with the lower inlet/outlet; (6) a lower
inlet/outlet structure 100-feet below msl; (7) a 13-mile-long, 230-
kilovolt (kV) transmission line extending from the powerhouse to a
planned AC-DC converter; and (8) appurtenant facilities. The estimated
annual generation of the Vandenberg 5 Project would be 3,496
gigawatt-hours.
    Applicant Contact: Mr. James Petruzzi, Managing Partner, Storage
Development Partners, LLC., 4900 Woodway, Suite 745, Houston, Texas
77056; Telephone:<PHONE_NUMBER>.
    FERC Contact: Kenneth Hogan<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system 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>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14144) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: April 20, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-9995 Filed 4-25-11; 8:45 am]
BILLING CODE 6717-01-P