[Federal Register Volume 88, Number 144 (Friday, July 28, 2023)]
[Rules and Regulations]
[Pages 48734-48736]
[FR Doc No: 2023-16018]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0309]
RIN 1625-AA00

Safety Zone; Henderson Bay, Henderson Harbor, NY

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent safety zone for
certain waters of Henderson Harbor. This action is necessary to provide
for the safety of life on these navigable waters near Henderson Harbor,
Henderson, NY, during a fireworks display and annual reoccurrences of
this event. This regulation prohibits persons and vessels from being in
the safety zone unless authorized by the Captain of the Port Buffalo or
a designated representative.

DATES: This rule is effective without actual notice July 28, 2023. For
the purposes of enforcement, actual notice will be used from 9:30
through 10 p.m. on July 29, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0309 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST2 Andrew Nevenner, Waterways
Management Division MSD Massena, U.S. Coast Guard; telephone 315-769-
5483, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    On March 6, 2023, the Henderson Business and Community Council
notified the Coast Guard that it will be conducting a fireworks display
from 9:30 through 10 p.m. on July 29, 2023, For the Christmas in July
Celebration. The fireworks are to be launched from a barge in Henderson
Bay approximately 1500 yards north of the town boat ramp located on the
southern shore of Henderson Harbor in Henderson Harbor, NY. Hazards
from firework displays include accidental discharge of fireworks,
dangerous projectiles, and falling hot embers or other debris. The
Captain of the Port Buffalo (COTP) has determined that potential
hazards associated with the fireworks to be used in this display would
be a safety concern for anyone within a 140-yard radius of the barge.
In response, on June 21, 2023, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Safety Zone; Henderson Bay, Henderson
Harbor, NY (88 FR 40134). There we stated why we issued the NPRM, and
invited comments on our proposed regulatory action related to this
fireworks display. During the comment period that ended July 21, 2023,
we received one comment that was in support of 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 impracticable because immediate action is needed to
respond to the potential safety hazards associated with the fireworks
display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Buffalo
(COTP) has determined that potential hazards associated with the
fireworks to be used in this July 29, 2023 display will be a safety
concern for anyone within a 140-yard radius of the barge. The purpose
of this rule is to ensure safety of vessels and the navigable waters in
the safety zone before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment in support of our NPRM
published June 21, 2023. There are no changes in the regulatory text of
this rule from the proposed rule in the NPRM.
    This rule establishes a safety zone that will be enforced from 9
p.m. through 10:30 p.m. on July 29, 2023. The safety zone will cover
all navigable waters within 140 yards of a barge in Henderson Harbor
located approximately 1500-yards north of the town boat ramp located on
the southern shore of Henderson Harbor in Henderson Harbor, NY. The
duration of the zone is intended to ensure the safety of vessels and
these navigable waters before, during, and after the scheduled 9 p.m.
through 10:30 p.m. fireworks display. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).

    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone which would
impact a small designated area of Henderson Bay for less than 2 hour
during the evening when vessel traffic is normally low. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule would allow vessels to
seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this 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.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting 1.5 hours that would prohibit entry within 140
yards of a fireworks barge. 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. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble. We prepare a preliminary REC for these types of field
regulations because the DHS Instruction Manual (and U.S. Coast Guard
Environmental Planning Implementing Procedures) direct that a REC be
prepared for these specified field regulations when certain conditions
apply--see L59(a), L60(a), and L60(d).

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

    Harbors, marine safety, navigation (water), reporting and
recordkeeping requirements, security measures, waterways.

    For the reasons discussed in the preamble, the Coast Guard is
amending 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 1.03.

0
2. In Sec.  165.939, amend Table 165.939, by adding entry (b)(34) to
read as follows:

Sec.  165.939  Safety Zones; Annual Events in the Captain of the Port
Buffalo Zone.

* * * * *

------------------------------------------------------------------------
                                                        Enforcement date
             Event                   Location \1\         and time \2\
------------------------------------------------------------------------
                          (b) July Safety Zones
------------------------------------------------------------------------

                              * * * * * * *
(34) Christmas in July          Henderson Harbor, NY.   On or around the
 Fireworks.                      All waters within a     last weekend of
                                 420-foot radius of      July.
                                 the barge at position
                                 43[deg]86'66'' N,
                                 076[deg]20'97'' W in
                                 Henderson Harbor, NY.
------------------------------------------------------------------------
\1\ All coordinates listed in Table 165.xxx reference Datum NAD 1983.
\2\ As noted in paragraph (a)(3) of this section, the enforcement dates
  and times for each of the listed safety zones are subject to change.
  In the event of a change, or for enforcement periods listed that do
  not allow a specific date or dates to be determined, the Captain of
  the Port will provide notice to the public by publishing a Notice of
  Enforcement in the Federal Register, as well as, issuing a Broadcast
  Notice to Mariner.]

    Dated: July 21, 2023.
Sean M. Murray,
Commmander, U.S. Coast Guard, Alternate Captain of the Port Buffalo.
[FR Doc. 2023-16018 Filed 7-27-23; 8:45 am]
BILLING CODE 9110-04-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on April 6, 2005

   NOTICE OF ACTION TAKEN -- DOCKET OST-2005-20503

________________________________________________________________________
_________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of    Mesa Airlines, Inc.          filed   3/2/2005  for:

XX Exemption for two years under 49 U.S.C. 40109 to provide the
following service:

Scheduled foreign air transportation of persons, property, and mail
between any point or points in the United States and any point or points
in Canada.

Applicant rep:   Brian S. Gillman<PHONE_NUMBER>    DOT Analyst:  Gerald
Caolo,<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted

The above action was effective when taken: April 6, 2005, through  April
6, 2007

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX  The authority granted is consistent with the aviation agreement
between the United States and Canada.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  XX Holder’s
certificates of public convenience and necessity

	   XX  Standard exemption conditions (attached)

________________________________________________________________________
_____________

Conditions:  (1) The code-share operations conducted under this
authority must comply with 14 CFR 257 and with any amendments to the
Department’s regulations concerning code-share arrangements that may
be adopted.  Notwithstanding any provisions in the contract between the
carriers, our approval here is expressly conditioned upon the
requirements that the subject foreign air transportation be sold in the
name of the carrier holding out such service in computer reservation
systems and elsewhere; that the carrier selling such transportation
(i.e., the carrier shown on the ticket) accept responsibility for the
entirety of the code-share journey for all obligations established in
its contract of carriage with the passenger; and that the passenger
liability of the operating carrier be unaffected, and (2) the authority
granted here is specifically conditioned so that neither Mesa Airlines
nor its code-share partners, America West and US Airways, shall give any
force and effect to any contractual provisions between themselves that
are contrary to these conditions.

________________________________________________________________________
____________

Remarks:  Mesa Airlines has previously been found to be a citizen of the
United States and fit, willing, and able to provide scheduled interstate
air transportation of persons, property, and mail as a certificated air
carrier.  The foreign air transportation services authorized here are
not markedly different in terms of aircraft size or stage length from
the carrier's current operations under its existing authority.  We,
therefore, found that Mesa Airlines is qualified to provide the proposed
air transportation for the period covered by the exemption.

________________________________________________________________________
______________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that

(1) our action was consistent with Department policy; (2) grant of the
exemption authority was consistent with the public interest; and (3)
grant of the authority would not constitute a major regulatory action
under the Energy Policy and Conservation Act of 1975.  To the extent not
granted, we denied all requests in the referenced Docket.  We may amend,
modify, or revoke the authority granted in this Notice at any time
without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

05/2004

 The Department previously granted Mesa authority to provide U.S.-Canada
service in connection with proposed operations by Mesa under a
code-share agreement between Mesa and America West.  See Notice of
Action Taken dated March 27, 2003, Docket OST-2003-14606.  Mesa’s
present application indicates operations between Las Vegas, Los Angeles,
and Phoenix, on the one hand, and Vancouver and Edmonton, on the other
hand, under a code-share arrangement with America West.  It also
indicates Mesa operations between Charlotte and Philadelphia, on the one
hand, and Toronto, Ottawa, and Montreal, on the other hand, under a code
share arrangement with US Airways.

 PAGE

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 [Federal Register Volume 81, Number 28 (Thursday, February 11, 2016)] [Notices] [Page 7406] [FR Doc No: C1-2016-00472]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0347]

Qualification of Drivers; Exemption Applications; Vision

Correction

    In notice document 2016-00472 beginning on page 1474 in the issue  of Tuesday, January 12, 2016, make the following correction:     1. On page 1474, in the third column, in the DATES section,  ``[Insert date 30 days after date of publication in the Federal  Register].'' should read ``February 11, 2016.''

[FR Doc. C1-2016-00472 Filed 2-10-16; 8:45 am]  BILLING CODE 1501-01-D


[Federal Register: March 16, 2010 (Volume 75, Number 50)]
[Proposed Rules]
[Page 12485-12489]
[DOCID:fr16mr10-17]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915, 1926

[Docket No. OSHA-H054a-2006-0064]
RIN 1218-AC43

Revising the Notification Requirements in the Exposure
Determination; Provisions of the Hexavalent Chromium Standards

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: On February 28, 2006, OSHA published a final rule for
Occupational Exposure to Hexavalent Chromium (Cr

(VI)). Public Citizen Health Research Group (Public Citizen) and other
parties petitioned for review of the standard in the United States
Court of Appeals for the Third Circuit. The court denied the petitions
for review on all but one issue. The Third Circuit remanded the
employee notification requirements in the standard's exposure
determination provisions for further consideration. More specifically,
the court directed the Agency to either provide an explanation for its
decision to limit employee notification requirements to circumstances
in which Cr(VI) exposures exceed the permissible exposure limit (PEL)
or take other appropriate action with respect to that paragraph of the
standard. After reviewing the rulemaking record on this issue, and
reconsidering the provision in question, OSHA has decided to propose a
revision of the notification requirements, by means of this Notice of
Proposed Rulemaking (NPRM), that would require employers to notify
employees of the results of all exposure determinations.

DATES: Comments to this NPRM, hearing requests, and other information
must be submitted (transmitted, postmarked, or delivered) by April 15,
2010. All submissions must bear a postmark or provide other evidence of
the submission date.

ADDRESSES: You may submit comments, hearing requests, and other
materials, identified by Docket No. OSHA-H054a-2006-0064, by any of the
following methods:
    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: OSHA allows facsimile transmission of comments and
hearing requests that are 10 pages or fewer in length (including
attachments). You can fax these documents to the OSHA Docket Office at
(202) 693-1648; hard copies of these documents are not required.
Instead of transmitting facsimile copies of attachments that supplement
these documents (e.g., studies, journal articles), commenters must
submit these attachments to the OSHA Docket Office, Technical Data
Center, Room N-2625, OSHA, U.S. Department of Labor, 200 Constitution
Ave., NW., Washington, DC 20210. These attachments must clearly
identify the sender's name, the date, and the Docket No. (OSHA-H054a-
2006-0064) so that the Agency can attach them to the appropriate
document.
    Regular mail, express delivery, hand (courier) delivery, and
messenger service: Submit comments and any additional material to the
OSHA Docket Office, Docket No. OSHA-H054a-2006-0064 or RIN No. 1218-
AC43, Technical Data Center, Room N-2625, OSHA, U.S. Department of
Labor, 200 Constitution Ave., NW., Washington, DC 20210; telephone:
(202) 693-2350. (OSHA's TTY number is<PHONE_NUMBER>.) Note that
security procedures may delay OSHA's receipt of comments and other
written materials submitted by regular mail. Please contact the OSHA
Docket Office for information about security procedures concerning
delivery of materials by express delivery, hand delivery, and messenger
service. Deliveries (hand, express mail, messenger service) are
accepted during the 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 the
OSHA docket number (i.e., OSHA Docket No. OSHA-H054a-2006-0064).
Comments and other material, including any personal information, will
be placed in the public docket without revision, and will be available
online at http://www.regulations.gov. Therefore, the Agency cautions
commenters about submitting statements they do not want made available
to the public or submitting comments that contain personal information
(either about themselves or others) such as social security numbers,
birth dates, and medical data.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or to the OSHA Docket Office
at the address above. Documents in the docket 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 this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office. Contact
the OSHA Docket Office for assistance in locating docket submissions.

FOR FURTHER INFORMATION CONTACT: For general information and press
inquiries contact Ms. Jennifer Ashley, Director, OSHA Office of
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution
Avenue, NW., Washington, DC 20210; telephone:<PHONE_NUMBER>. For
technical inquiries, contact Maureen Ruskin, Office of Chemical
Hazards--Metals, Directorate of Standards and Guidance, Room N-3718,
OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone:<PHONE_NUMBER>, fax:<PHONE_NUMBER>.
Copies of this Federal Register notice are available from the OSHA
Office of Publications, Room N-3101, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
1888. Electronic copies of this Federal Register notice, as well as
news releases and other relevant documents, are available at OSHA's Web
page at http://www.osha.gov.

SUPPLEMENTARY INFORMATION:

I. Request for Comment

    OSHA requests comments on all issues related to this action
including economic or other regulatory impacts of this action on the
regulated community. OSHA will consider all of the comments, and the
comments will become part of the record. OSHA will determine its next
steps based on all comments and submissions.

II. Relationship Between This Proposed Rule and the Companion Direct
Final Rule

    In direct final rulemaking, an agency publishes a direct final rule
in the Federal Register with a statement that the rule will go into
effect unless a significant adverse comment is received within a
specified period of time. An identical proposed rule is often published
at the same time. If significant adverse comments are not submitted in
response to the direct final rule, the rule goes into effect. If a
significant adverse comment is received, the agency withdraws the
direct final rule and treats such comment as a response to the proposed
rule. Direct final rulemaking is typically used where an agency
anticipates that a rule will not be controversial. Examples include
minor substantive changes to regulations, direct incorporations of
mandates from new legislation, and in this case, minor changes to
regulations resulting from a judicial remand.
    OSHA is publishing this proposed rule along with a companion direct
final rule. The comment period for the proposed rule runs concurrently
with that of the direct final rule. Any comments received under this
proposed rule will also be treated as comments regarding the companion
direct final rule. Likewise, significant adverse comments submitted to
the companion direct final rule will also be considered as comments to
this proposed rule.
    If OSHA receives a significant adverse comment on the companion
direct final rule, the Agency will publish a timely withdrawal of the
DFR and proceed with this NPRM. In the event OSHA

withdraws the companion direct final rule because of significant
adverse comment, the Agency will consider all comments received when it
continues with this proposed rule. OSHA will then decide whether to
publish a new final rule.

III. Discussion of Changes

    Paragraph (d) of the Chromium standard (29 CFR 1910.1026, 29 CFR
1915.1026, 29 CFR 1926.1126) (71 FR 10100) is titled ``Exposure
Determination'' and requires employers to determine the 8-hour time-
weighted-average exposure for each employee exposed to Cr(VI). This can
be done through scheduled air monitoring (paragraph (d)(2)) or on the
basis of any combination of air monitoring data, historical monitoring
data, and/or objective data (paragraph (d)(3)). As originally
promulgated, paragraph (d)(4) required the employer to notify affected
employees of any exposure determinations indicating exposures in excess
of the PEL. The employer can satisfy this requirement either by posting
the exposure determination results in an appropriate location
accessible to all affected employees or by notifying each affected
employee in writing of the results of the exposure determination. Under
the general industry standard, notice has to be provided within 15 work
days, and in construction and maritime employers have 5 work days to
provide the required notice.
    The requirement to notify employees of exposures above the exposure
limit was consistent with Section 8(c)(3) of the Occupational Safety
and Health Act of 1970 (OSH Act), which requires employers ``to
promptly notify any employee who has been or is being exposed to toxic
materials or harmful physical agents * * * at levels which exceed those
prescribed by an applicable occupational safety and health standard,''
29 U.S.C. 657(c)(3). The promulgated notice requirement was more
limited than the proposed chromium standard (69 FR 59306, Oct. 4,
2004), however. The proposed standard would have required employers to
notify affected employees of all exposure determinations, irrespective
of the results. The broader, proposed notice requirement mirrored
similar provisions in OSHA's other substance-specific health standards
including, but not limited to, lead (29 CFR 1910.1025(d)(8)(i));
arsenic (29 CFR 1910.1018(e)(5)(i)); methylenedianiline (29 CFR
1910.1050(e)(7)(i)); butadiene (29 CFR 1910.1051(d)(7)(i)); and
methylene chloride (29 CFR 1910.1052(d)(5)(i)). All of those other
standards require employers to notify employees of all exposure
monitoring results.
    Public Citizen and other parties petitioned for review of the final
chromium standard. (See Public Citizen Health Research Group v. Dept.
of Labor, 557 F.3d 165 (3d Cir. 2009)). Part of Public Citizen's
petition involved a challenge to paragraph (d)(4). Public Citizen
argued that OSHA's decision to depart from the proposed rule and limit
the employee notification requirement to exposures above the PEL was
arbitrary and unexplained. Although OSHA defended the final
notification provision on many grounds, including that it was
consistent with Section 8(c)(3) of the OSH Act, the Third Circuit
granted Public Citizen's petition for review with regard to the
employee notification requirement (while denying all other challenges
to the standard). See Public Citizen, 557 F.3d at 185-86. The court
found that ``OSHA failed to provide a statement of reasons for
departing from the proposed standard and past practice in other
standards,'' id. at 186, and remanded paragraph (d)(4) to the agency
``for further consideration and explanation.'' Id. at 191. The court
``expect[ed] OSHA [to] * * * act expeditiously in either providing an
explanation for its chosen notification requirements or taking such
further action as may be appropriate.'' Id. at 192.
    In response to the Third Circuit's decision, OSHA re-examined the
record. The Agency did not find any comments or testimony in the record
on the narrow issue of whether employees should be notified of all
exposure determinations. OSHA also confirmed that all of its other
substance-specific health standards have broader notification
requirements than the 2006 Cr(VI) standard, i.e., they require
employers to notify employees of exposures even below the relevant
exposure limits. See, e.g., lead (29 CFR 1910.1025(d)(8)(i)); arsenic
(29 CFR 1910.1018(e)(5)(i)); methylenedianiline (29 CFR
1910.1050(e)(7)(i)); butadiene (29 CFR 1910.1051(d)(7)(i)); and
methylene chloride (29 CFR 1910.1052(d)(5)(i)).
    Upon reconsidering this issue, OSHA has decided to take action, by
means of this notice, to propose an amendment to the notification
requirements in the Cr(VI) standards. Consistent with the language in
the proposed chromium standard, as well as past practice in OSHA's
other substance-specific health standards, the amended provision would
require employers to notify affected employees of all exposure
determinations, whether above or below the PEL. OSHA is not proposing
to change any other requirements in the exposure determination or
notification provisions. For example, the number of work days employers
have to provide notice to employees would remain unchanged.
    In the preamble to the final Cr(VI) standard, OSHA concluded that
employees were exposed to significant risk at the previous PEL for
Cr(VI) of 52 [mu]g/m\3\ and that lowering the PEL to 5 [mu]g/m\3\
substantially reduced that risk. 71 FR at 10223-25. Feasibility
considerations led OSHA to set the PEL at 5 [mu]g/m\3\, even though the
Agency recognized that significant risk remained at lower levels. See
id. at 10333-39. For example, OSHA still expected 2.1-9.1 excess lung
cancer deaths per 1000 workers with a lifetime of regular exposure to
Cr(VI) at 1 [mu]g/m\3\. See id. at 10224 (Table VII-1). OSHA explained
in the preamble to the final rule that the ancillary provisions of the
standard, e.g., monitoring and medical surveillance requirements, were
expected to reduce the residual risk remaining at the final PEL. Id. at
10334. OSHA believes that this amendment to the notification
requirement will, in addition to the other ancillary requirements,
further reduce the risk of health impairment associated with Cr(VI)
exposures below 5 [mu]g/m\3\.
    Notifying employees of their exposures arms them with knowledge
that can permit and encourage them to be more proactive in working
safely to control their own exposures through better work practices and
by more actively participating in safety programs. As OSHA noted with
respect to its Hazard Communication Standard: ``Workers provided the
necessary hazard information will more fully participate in, and
support, the protective measures instituted in their workplaces.'' 59
FR 6126, 6127 (Feb. 9, 1994). Exposures to Cr(VI) below the PEL may
still be hazardous, and making employees aware of such exposures may
encourage them to take whatever steps they can, as individuals, to
reduce their exposures as much as possible.
    This may be of particular significance for welders, who make up
almost half of the employees affected by the chromium standard. See 71
Fr at 10257-59 (Table VIII-3). Welders have a unique ability to control
their own Cr(VI) exposures by making simple changes to their work
practices, e.g., changes in technique, posture or the positioning of
portable local exhaust ventilation. See, e.g., Shaw Environmental,
Inc., Cost and Economic Impact Analysis of a Final OSHA Standard for
Hexavalent Chromium, Chapter 2-Welding, Docket No. OSHA-H054a-2006-
0064,

Document No. 2541, page 2-156 (``Another environmental variable is the
variation in welding technique and posture used by different welders.
Small differences in the welder's body position in relation to the
welding task, the welder's body position in relation to the weld, and
any LEV [local exhaust ventilation] may create large differences in an
individual's fume exposure. Welder information and training should
reduce the occurrence of this poor work practice.'').
    For a complete discussion of applicable legal considerations,
OSHA's economic analysis and Regulatory Flexibility Act certification,
issues involving federalism and State-Plan States, and OSHA's response
under the Unfunded Mandates Reform Act, see the preamble to the direct
final rule.

IV. OMB Review Under the Paperwork Reduction Act of 1995

    The proposed revision to the notification requirement in the Cr(VI)
standard is subject to review by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act of 1995 (PRA-95), 44 U.S.C.
3501 et seq., and OMB's regulations at 5 CFR part 1320. The information
collection requirements (``paperwork'') currently contained in the
Chromium VI (Cr(VI)) standard are approved by OMB (Information
Collection Request (ICR), Chromium (VI) Standards for General Industry
(29 CFR 1910.1026), Shipyard Employment (29 CFR 1915.1026), and
Construction (29 CFR 1926.1126), under OMB Control number 1218-0252.
The Department notes that a Federal agency cannot conduct or sponsor a
collection of information unless it is approved by OMB under the PRA
and displays a currently valid OMB control number, and the public is
not required to respond to a collection of information requirement
unless it displays a currently valid OMB control number. Also,
notwithstanding any other provisions of law, no person shall be subject
to penalty for failing to comply with a collection of information
requirement if the requirement does not display a currently valid OMB
control number.
    On June 22, 2009, OSHA published a preclearance Federal Register
Notice, Docket No. OSHA-2009-0015, as specified in PRA-95 (44 U.S.C.
3506(c)(2)(A)), allowing the public sixty days to comment on a proposal
to extend OMB's approval of the information collection requirements in
the Cr(VI) standard (74 FR 29517). This Notice also served to inform
the public that OSHA was considering revising the notification
requirements in the exposure determination provision in response to the
court-ordered remand. At that point OSHA estimated the new burden hours
and costs that would result from this potential amendment to the
standard, and the public had sixty days to comment on those estimates
in accordance with the PRA, 44 U.S.C. 3506(c)(2). OSHA estimated that a
requirement to notify employees of all exposure determination results
would result in an increase of 62,575 burden hours and would increase
employer cost, in annualized terms, by $1,526,731.
    The pre-clearance Federal Register comment period closed on August
22, 2009. OSHA did not receive public comments on that notice. On
October 30, 2009, DOL published a Federal Register notice announcing
that the Cr(VI) ICR had been submitted to OMB (74 FR 56216) for review
and approval, and that interested parties had until November 30, 2009
to submit comments to OMB on that submission. No comments were received
in response to that Notice either.
    Now that OSHA is proposing to amend the Cr(VI) standard via this
NPRM, the Agency will provide an additional thirty days for the public
to comment on the estimated paperwork implications of the proposed
changes to the notification requirements.
    Inquiries: You may obtain an electronic copy of the complete Cr(VI)
ICR by visiting the Web page at: http://www.reginfo.gov/public/do/
PRAMain, scroll under ``Inventory of Approved Collections, Collections
Under Review, Recently Approved/Expired'' to ``Department of Labor
(DOL)'' to view all of the DOL's ICRs, including those ICRs submitted
for rulemakings. The Department's ICRs are listed by OMB control
number. The Cr(VI) OMB control number is 1218-0252. To make inquiries,
or to request other information, contact Todd Owen, Directorate of
Standards and Guidance, OSHA, Room N-3609, U.S. Department of Labor,
200 Constitution Avenue, NW., Washington, DC 20210; telephone (202)
693-2222.
    Submitting comments: Members of the public who wish to comment on
the estimated burden hours and costs attributable to the amendment to
the notification provision, as described in the Cr(VI) ICR, may send
their written comments to the Office of Information and Regulatory
Affairs, Attn: OSHA Desk Officer (RIN 1218-AC43), Office of Management
and Budget, Room 10235, 725 17th Street, NW., Washington, DC 20503. The
Agency encourages commenters to also submit their comments on these
paperwork requirements to the rulemaking docket (Docket No OSHA-H054a-
2006-0064). For instructions on submitting these comments to the
rulemaking docket, see the sections of this Federal Register notice
titled DATES and ADDRESSES.

List of Subjects

29 CFR Part 1910

    Exposure determination, General industry, Health, Hexavalent
chromium (Cr(VI)), Notification of determination results to employees,
Occupational safety and health.

29 CFR Part 1915

    Exposure determination, Health, Hexavalent chromium (Cr(VI)),
Notification of determination results to employees, Occupational safety
and health, shipyard employment.

29 CFR Part 1926

    Construction, Exposure determination, Health, Hexavalent chromium
(Cr(VI)), Notification of determination results to employees,
Occupational safety and health.

Authority and Signature

    David Michaels, PhD, MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210, directed the
preparation of this notice of proposed rulemaking. The Agency is
issuing this rule under Sections 4, 6, and 8 of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 653, 655, 657), Secretary of Labor's
Order 5-2007 (72 FR 31159), and 29 CFR part 1911.

    Signed at Washington, DC, on March 11, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

Amendments to Standards

    For the reasons stated in the preamble, OSHA is proposing to amend
29 CFR parts 1910, 1915, and 1926 to read as follows:

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS--[AMENDED]

Subpart A--General

    1. The authority citation for subpart A of part 1910 is revised to
read as follows:

    Authority: Sections 4, 6, and 8 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 653, 655, and 657); Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR

50017), 5-2002 (67 FR 65008), or 5-2007 (72 FR 31160), as
applicable.
    Sections 1910.7, 1910.8, and 1910.9 also issued under 29 CFR
Part 1911. Section 1910.7(f) also issued under 31 U.S.C. 9701, 29
U.S.C. 9a, 5 U.S.C. 553; Pub. L. 106-113 (113 Stat. 1501A-222); and
OMB Circular A-25 (dated July 8, 1993) (58 FR 38142, July 15, 1993).

Subpart Z--Toxic and Hazardous Substances

    2. The authority citation for subpart Z of part 1910 is revised to
read as follows:

    Authority: Secs. 4, 6, 8 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 653, 655, and 657); Secretary of Labor's
Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR
35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017),
5-2002 (67 FR 65008), or 5-2007 (72 FR 31160), as applicable; and 29
CFR part 1911.
    All of subpart Z issued under section 6(b) of the Occupational
Safety and Health Act of 1970, except those substances that have
exposure limits listed in Tables Z-1, Z-2, and Z-3 of 29 CFR
1910.1000. The latter were issued under section 6(a) (29 U.S.C.
655(a)).
    Section 1910.1000, Tables Z-1, Z-2, and Z-3 also issued under 5
U.S.C. 553, but not under 29 CFR part 1911 except for the arsenic
(organic compounds), benzene, cotton dust, and chromium (VI)
listings.
    Section 1910.1001 also issued under section 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 3704) and 5 U.S.C.
553.
    Section 1910.1002 also issued under 5 U.S.C. 553, but not under
29 U.S.C. 655 or 29 CFR part 1911.
    Sections 1910.1018, 1910.1029, and 1910.1200 also issued under
29 U.S.C. 653.
    Section 1910.1030 also issued under Pub. L. 106-430, 114 Stat.
1901.

    3. Section 1910.1026, paragraph (d)(4)(i), is revised to read as
follows:

Sec.  1910.1026  Chromium (VI)

* * * * *
    (d) * * *
    (4) * * *
    (i) Within 15 work days after making an exposure determination in
accordance with paragraph (d)(2) or paragraph (d)(3) of this section,
the employer shall individually notify each affected employee in
writing of the results of that determination or post the results in an
appropriate location accessible to all affected employees.
* * * * *

PART 1915--OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIPYARD
EMPLOYMENT [AMENDED]

Subpart A--General Provisions

    4. The authority citation for part 1915 will continue to read as
follows:

    Authority: Section 41, Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 941); Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), or 5-2007 (72 FR 31160) as
applicable; 29 CFR Part 1911.

Subpart Z--Toxic and Hazardous Substances

    5. Section 1915.1026, paragraph (d)(4)(i), is revised to read as
follows:

Sec.  1915.1026  Chromium (VI)

* * * * *
    (d) * * *
    (4) * * *
    (i) Within 5 work days after making an exposure determination in
accordance with paragraph (d)(2) or paragraph (d)(3) of this section,
the employer shall individually notify each affected employee in
writing of the results of that determination or post the results in an
appropriate location accessible to all affected employees.
* * * * *

PART 1926--SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION--
[AMENDED]

Subpart A--General

    6. The authority citation for subpart A of part 1926 is revised to
read as follows:

    Authority: Section 3704 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 3701 et seq.); sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, and
657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (65 FR 50017), 5-2002 (67 FR 65008), or 5-2007 (72 FR 31160) as
applicable; and 29 CFR part 1911.

Subpart Z--Toxic and Hazardous Substances

    7. The authority citation for subpart Z of part 1926 is revised to
read as follows:

    Authority: Section 3704 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 3701 et seq.); Sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655,
657); Secretary of Labor's Orders 12-71 (36 FR 8754), 8-76 (41 FR
25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-
2000 (62 FR 50017), 5-2002 (67 FR 65008), or 5-2007 (72 FR 31160) as
applicable; and 29 CFR part 11.
    Section 1926.1102 of 29 CFR not issued under 29 U.S.C. 655 or 29
CFR part 1911; also issued under 5 U.S.C. 553.

    8. Section 1926.1126, paragraph (d)(4)(i), is revised to read as
follows:

Sec.  1926.1126  Chromium (VI)

* * * * *
    (d) * * *
    (4) * * *
    (i) Within 5 work days after making an exposure determination in
accordance with paragraph (d)(2) or paragraph (d)(3) of this section,
the employer shall individually notify each affected employee in
writing of the results of that determination or post the results in an
appropriate location accessible to all affected employees.
* * * * *
[FR Doc. 2010-5731 Filed 3-15-10; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 87, Number 49 (Monday, March 14, 2022)]
[Notices]
[Pages 14305-14306]
[FR Doc No: 2022-05350]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-644, OMB Control No. 3235-0692]

Proposed Collection; Comment Request; Extension: Regulation S-ID

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (the ``Commission'') is soliciting comments on the
collection of information summarized below. The Commission plans to
submit this existing collection of information to the Office of
Management and Budget for extension and approval.
    Regulation S-ID (17 CFR 248), including the information collection
requirements thereunder, is designed to better protect investors from
the risks of identity theft. Under Regulation S-ID, SEC-regulated
entities are required to develop and implement reasonable policies and
procedures to identify, detect, and respond to relevant red flags (the
``Identity Theft Red Flags Rules'') and, in the case of entities that
issue credit or debit cards, to assess the validity of, and communicate
with cardholders regarding, address changes. Section 248.201 of
Regulation S-ID includes the following information collection
requirements for each SEC-regulated entity that qualifies as a
``financial institution'' or ``creditor'' under Regulation S-ID and
that offers or maintains covered accounts: (i) Creation and periodic
updating of an identity theft prevention program (``Program'') that is
approved by the board of directors, an appropriate committee thereof,
or a designated senior management employee; (ii) periodic staff
reporting to the board of directors on compliance with the Identity
Theft Red Flags Rules and related guidelines; and (iii) training of
staff to implement the Program. Section 248.202 of Regulation S-ID
includes the following information collection requirements for each
SEC-regulated entity that is a credit or debit card issuer: (i)
Establishment of policies and procedures that assess the validity of a
change of address notification if a request for an additional or
replacement card on the account follows soon after the address change;
and (ii) notification of a cardholder, before issuance of an additional
or replacement card, at the previous address or through some other
previously agreed-upon form of communication, or alternatively,
assessment of the validity of the address change request through the
entity's established policies and procedures.
    SEC staff estimates of the hour burdens associated with section
248.201 under Regulation S-ID include the one-time burden of complying
with this section for newly-formed SEC-regulated entities, as well as
the ongoing costs of compliance for all SEC-regulated entities.
    All newly-formed financial institutions and creditors would be
required to conduct an initial assessment of covered accounts, which
SEC staff estimates would entail a one-time burden of 2 hours. Staff
estimates that this burden would result in a cost of $910 to each
newly-formed financial institution or creditor.\1\ To the extent a
financial institution or creditor offers or maintains covered accounts,
SEC staff estimates that the financial institution or creditor would
also incur a one-time burden of 25 hours to develop and obtain board
approval of a Program, and a one-time burden of 4 hours to train the
financial institution's or creditor's staff, for a total of 29
additional burden hours. Staff estimates that these burdens would
result in additional costs of $15,603 for each financial institution or
creditor that offers or maintains covered accounts.\2\
---------------------------------------------------------------------------

    \1\ This estimate is based on the following calculation: 2 hours
x $455 (hourly rate for internal counsel) = $910. See infra note 2
(discussing the methodology for estimating the hourly rate for
internal counsel).
    \2\ SEC staff estimates that, of the 29 hours incurred to
develop and obtain board approval of a Program and train the
financial institution's or creditor's staff, 10 hours will be spent
by internal counsel at an hourly rate of $455, 17 hours will be
spent by administrative assistants at an hourly rate of $89, and 2
hours will be spent by the board of directors as a whole at an
hourly rate of $4,770. Thus, the estimated $15,603 in additional
costs is based on the following calculation: (10 hours x $455 =
$4,550) + (17 hours x $89 = $1,513) + (2 hours x $4,770 = $9,540) =
$15,603.
    The cost estimate for internal counsel is derived from SIFMA's
Management & Professional Earnings in the Securities Industry 2013,
modified to account for an 1800-hour work-year and multiplied by
5.35 to account for bonuses, entity size, employee benefits, and
overhead, and adjusted for inflation. The cost estimated for
administrative assistants is derived from SIFMA's Office Salaries in
the Securities Industry 2013, modified to account for an 1800-hour
work-year and multiplied by 2.93 to account for bonuses, entity
size, employee benefits and overhead, and adjusted for inflation.
The cost estimate for the board of directors is derived from
estimates made by SEC staff regarding typical board size and
compensation that is based on information received from fund
representatives and publicly available sources, and adjusted for
inflation.
---------------------------------------------------------------------------

    SEC staff estimates that approximately 571 SEC-regulated financial
institutions and creditors are newly formed each year.\3\ Each of these
571 entities will need to conduct an initial assessment of covered
accounts, for a total of 1,142 hours at a total cost of $519,610.\4\ Of
these 571 entities, staff estimates that approximately 90% (or 514)
maintain covered accounts.\5\ Accordingly, staff estimates that the
additional initial burden for SEC-regulated entities that are likely to
qualify as financial institutions or creditors and maintain covered
accounts is 14,906 hours at an

additional cost of $8,019,942.\6\ Thus, the total initial estimated
burden for all newly-formed SEC-regulated entities is 16,048 hours at a
total estimated cost of $8,539,552.\7\
---------------------------------------------------------------------------

    \3\ Based on a review of new registrations typically filed with
the SEC each year, SEC staff estimates that approximately 1,277
investment advisers, 109 broker dealers, 34 investment companies,
and 2 ESCs typically apply for registration with the SEC or
otherwise are newly formed each year, for a total of 1,422 entities
that could be financial institutions or creditors. Of these, staff
estimates that all of the investment companies, ESCs, and broker-
dealers are likely to qualify as financial institutions or
creditors, and 33% of investment advisers (or 426) are likely to
qualify. See Identity Theft Red Flags, Investment Company Act
Release No. 30456 (Apr. 10, 2013) (``Adopting Release'') at n.190
(discussing the staff's analysis supporting its estimate that 33% of
investment advisers are likely to qualify as financial institutions
or creditors). We therefore estimate that a total of 571 total
financial institutions or creditors will bear the initial one-time
burden of assessing covered accounts under Regulation S-ID.
    \4\ These estimates are based on the following calculations: 571
entities x 2 hours = 1,142 hours; 571 entities x $910 = $519,610.
    \5\ In the Proposing Release, the SEC requested comment on the
estimate that approximately 90% of all financial institutions and
creditors maintain covered accounts; the SEC received no comments on
this estimate.
    \6\ These estimates are based on the following calculations: 514
financial institutions and creditors that maintain covered accounts
x 29 hours = 14,906 hours; 514 financial institutions and creditors
that maintain covered accounts x $15,603 = $8,019,942.
    \7\ These estimates are based on the following calculations:
1,142 hours + 14,906 hours = 16,048 hours; $519,610 + $8,019,942 =
$8,539,552.
---------------------------------------------------------------------------

    Each financial institution and creditor would be required to
conduct periodic assessments to determine if the entity offers or
maintains covered accounts, which SEC staff estimates would entail an
annual burden of 1 hour per entity. Staff estimates that this burden
would result in an annual cost of $455 to each financial institution or
creditor.\8\ To the extent a financial institution or creditor offers
or maintains covered accounts, staff estimates that the financial
institution or creditor also would incur an annual burden of 2.5 hours
to prepare and present an annual report to the board, and an annual
burden of 7 hours to periodically review and update the Program
(including review and preservation of contracts with service providers,
as well as review and preservation of any documentation received from
service providers). Staff estimates that these burdens would result in
additional annual costs of $8,638 for each financial institution or
creditor that offers or maintains covered accounts.\9\
---------------------------------------------------------------------------

    \8\ This estimate is based on the following calculation: 1 hour
x $455 (hourly rate for internal counsel) = $455. See supra note 2
(discussing the methodology for estimating the hourly rate for
internal counsel).
    \9\ Staff estimates that, of the 9.5 hours incurred to prepare
and present the annual report to the board and periodically review
and update the Program, 8.5 hours will be spent by internal counsel
at an hourly rate of $455, and 1 hour will be spent by the board of
directors as a whole at an hourly rate of $4,770. Thus, the
estimated $7,874 in additional annual costs is based on the
following calculation: (8.5 hours x $455 = $3,868) + (1 hour x
$4,770 = $4,770) = $8,638. See supra note 2 (discussing the
methodology for estimating the hourly rate for internal counsel and
the board of directors).
---------------------------------------------------------------------------

    SEC staff estimates that there are 9,915 SEC-regulated entities
that are either financial institutions or creditors, and that all of
these will be required to periodically review their accounts to
determine if they offer or maintain covered accounts, for a total of
9,915 hours for these entities at a total cost of $4,511,325.\10\ Of
these 9,915 entities, staff estimates that approximately 90 percent, or
8,924, maintain covered accounts, and thus will need the additional
burdens related to complying with the rules.\11\ Accordingly, staff
estimates that the additional annual burden for SEC-regulated entities
that qualify as financial institutions or creditors and maintain
covered accounts is 84,778 hours at an additional cost of
$77,085,512.\12\ Thus, the total estimated ongoing annual burden for
all SEC-regulated entities is 94,693 hours at a total estimated annual
cost of $81,596,837.\13\
---------------------------------------------------------------------------

    \10\ Based on a review of entities that the SEC regulates, SEC
staff estimates that, as of September 30, 2021, there are
approximately 14,705 investment advisers, 3,533 broker-dealers,
1,380 active open-end investment companies, and 100 ESCs. Of these,
staff estimates that all of the broker-dealers, open-end investment
companies and ESCs are likely to qualify as financial institutions
or creditors. We also estimate that approximately 33% of investment
advisers, or 4,902 investment advisers, are likely to qualify. See
Adopting Release, supra note 3, at n.190 (discussing the staff's
analysis supporting its estimate that 33% of investment advisers are
likely to qualify as financial institutions or creditors). We
therefore estimate that a total of 9,915 financial institutions or
creditors will bear the ongoing burden of assessing covered accounts
under Regulation S-ID. (The SEC staff estimates that the other types
of entities that are covered by the scope of the SEC's rules will
not be financial institutions or creditors and therefore will not be
subject to the rules' requirements.)
     The estimates of 9,915 hours and $3,784,800 are based on the
following calculations: 9,915 financial institutions and creditors x
1 hour = 9,915 hours; 9,915 financial institutions and creditors x
$455 = $4,511,325.
    \11\ See supra note 5 and accompanying text. If a financial
institution or creditor does not maintain covered accounts, there
would be no ongoing annual burden for purposes of the PRA.
    \12\ These estimates are based on the following calculations:
8,924 financial institutions and creditors that maintain covered
accounts x 9.5 hours = 84,778 hours; 8,924 financial institutions
and creditors that maintain covered accounts x $8,638 = $77,085,512.
    \13\ These estimates are based on the following calculations:
9,915 hours + 84,778 hours = 94,693 hours; $4,511,325 + $77,085,512
= $81,596,837.
---------------------------------------------------------------------------

    The collections of information required by section 248.202 will
apply only to SEC-regulated entities that issue credit or debit
cards.\14\ SEC staff understands that SEC-regulated entities generally
do not issue credit or debit cards, but instead partner with other
entities, such as banks, that issue cards on their behalf. These other
entities, which are not regulated by the SEC, are already subject to
substantially similar change of address obligations pursuant to the
Agencies' identity theft red flags rules. Therefore, staff does not
expect that any SEC-regulated entities will be subject to the
information collection requirements of section 248.202, and
accordingly, staff estimates that there is no hour or cost burden for
SEC-regulated entities related to section 248.202.
---------------------------------------------------------------------------

    \14\ Sec.  248.202(a).
---------------------------------------------------------------------------

    In total, SEC staff estimates that the aggregate annual information
collection burden of Regulation S-ID is 110,741 hours (16,048 hours +
94,693 hours). This estimate of burden hours is made solely for the
purposes of the Paperwork Reduction Act and is not derived from a
quantitative, comprehensive, or even representative survey or study of
the burdens associated with Commission rules and forms. Compliance with
Regulation S-ID, including compliance with the information collection
requirements thereunder, is mandatory for each SEC-regulated entity
that qualifies as a ``financial institution'' or ``creditor'' under
Regulation S-ID (as discussed above, certain collections of information
under Regulation S-ID are mandatory only for financial institutions or
creditors that offer or maintain covered accounts). Responses will not
be kept confidential. An agency may not conduct or sponsor, and a
person is not required to respond to, a collection of information
unless it displays a currently valid control number.
    Written comments are invited on: (i) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (ii) the accuracy of the agency's estimate of
the burden of the collection of information; (iii) ways to enhance the
quality, utility, and clarity of the information collected; and (iv)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication May 13, 2022.
    Please direct your written comments to David Bottom, Director/Chief
Information Officer, Securities and Exchange Commission, C/O John R.
Pezzullo, 100 F Street NE, Washington, DC 20549; or send an email to:
[email protected].

    Dated: March 9, 2022.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-05350 Filed 3-11-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 29 (Monday, February 13, 2012)]
[Notices]
[Pages 7588-7589]
[FR Doc No: 2012-3199]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0001]

Blood Products Advisory Committee; Cancellation

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The meeting of the Blood Products Advisory Committee scheduled
for February 29, 2012 is cancelled. This meeting was announced in the
Federal Register of January 30, 2012 (77 FR 4567). FDA intends to
convene at a future date a public scientific workshop to discuss the
evaluation of possible new plasma products manufactured following
storage at room temperature for up to 24 hours.

FOR FURTHER INFORMATION CONTACT: Bryan Emery or Pearl Muckelvene,

Center for Biologics Evaluation and Research (HFM-71), Food and Drug
Administration, 1401 Rockville Pike, Rockville, MD 20852, Contact 1-
301-827-1277 or 1-301-827-1281, or FDA Advisory Committee Information
Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC area), and
follow the prompts to the desired center or product area. Please call
the Information Line for up-to-date information on this meeting.

    Dated: February 7, 2012.
Jill Hartzler Warner,
Acting Associate Commissioner for Special Medical Programs.
[FR Doc. 2012-3199 Filed 2-10-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 79, Number 21 (Friday, January 31, 2014)]
[Notices]
[Pages 5397-5398]
[FR Doc No: 2014-02053]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice Of Filings 2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER13-342-003.
    Applicants: CPV Shore, LLC.
    Description: Notice of Non-Material Change in Status of CPV Shore,
LLC.
    Filed Date: 1/23/14.
    Accession Number: 20140123-5198.
    Comments Due: 5 p.m. ET 2/13/14.

    Docket Numbers: ER14-793-001.
    Applicants: The Empire District Electric Company.
    Description: Supplement to MBR to be effective 3/1/2014.
    Filed Date: 1/24/14.
    Accession Number: 20140124-5079.
    Comments Due: 5 p.m. ET 2/14/14.

    Docket Numbers: ER14-1145-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Request for Waiver, Shortened Comment Period and
Expedited Commission Action of PJM Interconnection, L.L.C.
    Filed Date: 1/23/14.
    Accession Number: 20140123-5174.
    Comments Due: 5 p.m. ET 1/30/14.

    Docket Numbers: ER14-1149-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 2014-01-24--SA 865 Entergy Big Cajun 2 Succession
Filing to be effective 12/19/2013.
    Filed Date: 1/24/14.
    Accession Number: 20140124-5134.
    Comments Due: 5 p.m. ET 2/14/14.

    Docket Numbers: ER14-1149-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Midcontinent Independent System Operator, Inc. submits
tariff filing per 35.17(b): 2014-01-24--SA 865 Entergy Big Cajun 2 v32
Succession Amendment to be effective 12/19/2013.
    Filed Date: 1/24/14.
    Accession Number: 20140124-5144.
    Comments Due: 5 p.m. ET 2/14/14.

    Docket Numbers: ER14-1150-000.
    Applicants: Powerex Corp.
    Description: Powerex Corp. submits tariff filing per
35.13(a)(2)(iii: Amendment to Powerex Corp. Rate Schedule No. 5 to be
effective 6/1/2013.
    Filed Date: 1/24/14.
    Accession Number: 20140124-5142.
    Comments Due: 5 p.m. ET 2/14/14.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES14-23-000.
    Applicants: Ameren Services Company.
    Description: Application for Authorization under Federal Power Act
Section 204 of Ameren Services Company on behalf of Union Electric
Company.
    Filed Date: 1/23/14.
    Accession Number: 20140123-5201.
    Comments Due: 5 p.m. ET 2/13/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 24, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-02053 Filed 1-30-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 125 (Thursday, June 28, 2012)]
[Notices]
[Pages 38623-38624]
[FR Doc No: 2012-15866]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2011-0256; FRL-9519-2]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Emission Guidelines for Existing
Other Solid Waste Incineration Units (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before July 30, 2012.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2011-0256, to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, Mail Code
28221T, 1200 Pennsylvania Avenue NW., Washington, DC 20460; and (2) OMB
at: Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Learia Williams, Monitoring,

Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Avenue
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On May 9, 2011 (76 FR 26900), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to both EPA and OMB within 30
days of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2011-0256, which is available for public viewing
online at http://www.regulations.gov, or in person viewing at the
Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, DC. The
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Reading Room is<PHONE_NUMBER>, and the telephone number
for the Enforcement and Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://www.regulations.gov to submit or view public comments, access the index
listing of the contents of the docket, and to access those documents in
the docket that are available electronically. Once in the system,
select ``docket search,'' then key in the docket ID number identified
above. Please note that EPA's policy is that public comments, whether
submitted electronically or in paper, will be made available for public
viewing at http://www.regulations.gov as EPA receives them and without
change, unless the comment contains copyrighted material, Confidential
Business Information (CBI), or other information whose public
disclosure is restricted by statute. For further information about the
electronic docket, go to www.regulations.gov.
    Title: Emission Guidelines for Existing Other Solid Waste
Incineration Units (Renewal).
    ICR Numbers: EPA ICR Number 2164.04, OMB Control Number 2060-0562.
    ICR Status: This ICR is scheduled to expire on July 31, 2012. Under
OMB regulations, the Agency may continue to either conduct or sponsor
the collection of information while this submission is pending at OMB.
    Abstract: The emission guidelines address existing OSWI units that
commenced construction before the proposal of the emission guidelines
(December 9, 2004). The emission guidelines do not apply directly to
existing OSWI unit owners and operators.
    The emission guidelines can be considered a model regulation that a
State agency can use in developing plans to implement the emission
guidelines. If a State does not develop, adopt, and submit an
approvable State plan, the Federal government must develop a plan to
implement the emission guidelines. This ICR includes the burden for an
affected entity, even if it is ultimately regulated under either a
State or Federal plan.
    All reports are sent to the delegated state or local authority. In
the event that there is no such delegated authority, the reports are
sent directly to the EPA regional office. This information is being
collected to assure compliance with 40 CFR part 60, subpart FFFF, as
authorized in sections 112 and 114(a) of the Clean Air Act. The
required information consists of emissions data and other information
that have been determined to be private.
    An Agency may not conduct nor sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB Control Number. The OMB Control Number for EPA
regulations listed in 40 CFR part 9 and 48 CFR chapter 15, are
identified on the form and/or instrument, if applicable.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 236
hours per response. ``Burden'' means the total time, effort, or
financial resources expended by persons to generate, maintain, retain,
or disclose or provide information either to or for a Federal agency.
This includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Owners or operators of other
existing solid waste incinerators.
    Estimated Number of Respondents: 99.
    Frequency of Response: Initially, annually, and semiannually.
    Estimated Total Annual Hour Burden: 70,132.
    Estimated Total Annual Cost: $7,215,028, which includes $6,720,028
in labor costs, no capital/startup costs, and $495,000 in operation and
maintenance (O&M) costs.
    Changes in the Estimates: There is a decrease in the total
estimated burden for both the respondents and the Agency from the most
recently approved ICR due to a decrease in the number of sources. At
the time of rule promulgation, EPA estimated that 248 respondents were
subject to the standard. However, many facilities have shut down or
ceased operation since 2005. In recent years in support of potential
OSWI regulatory development, the Agency consulted with internal data
experts and conducted data and permits searches to inventory the number
of existing OSWI units. The data collection activities in 2010 suggest
that only 99 VSMWC and IWI sources are subject to the standard. This
represents an approximately 60 percent decrease in the respondent
universe since 2005.
    The decrease in the respondent universe also results in significant
reduction of the overall O&M costs to the respondents.
    Additionally, this ICR corrects a mathematical error in the
previous ICR's estimate for the respondents' recordkeeping burden.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2012-15866 Filed 6-27-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 189 (Tuesday, September 30, 2014)]
[Notices]
[Page 58759]
[FR Doc No: 2014-23198]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: PR14-54-000.
    Applicants: Kinder Morgan Border Pipeline LLC.
    Description: Tariff filing per 284.123(e)/.224: Cancellation of
Statement of Operating Conditions to be effective 9/18/2014; TOFC: 800.
    Filed Date: 9/18/14.
    Accession Number: 201400918-5045.
    Comments Due: 5 p.m. ET 10/9/14.
    284.123(g) Protests Due:

    Docket Numbers: RP14-1215-000.
    Applicants: Paiute Pipeline Company.
    Description: Tariff Withdrawal per 154.205(a): Cancel Docket RP14-
1215.
    Filed Date: 9/18/14.
    Accession Number: 20140918-5093.
    Comments Due: 5 p.m. ET 9/30/14.

    Docket Numbers: RP14-1264-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Compliance filing per 154.203: Compliance Tariff
Filing in Certificate Proceeding--Docket No. CP13-96-000 to be
effective 11/1/2014.
    Filed Date: 9/19/14.
    Accession Number: 20140919-5049.
    Comments Due: 5 p.m. ET 10/1/14.

    Docket Numbers: RP14-1265-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Compliance filing per 154.203: Neg Rate Agmts Filed in
Compliance with Order in CP13-96-000 to be effective 11/1/2014.
    Filed Date: 9/19/14.
    Accession Number: 20140919-5051.
    Comments Due: 5 p.m. ET 10/1/14.

    Docket Numbers: RP14-1266-000.
    Applicants: Florida Gas Transmission Company, LLC.
    Description: Sec.  4(d) rate filing per 154.204: Housekeeping
Filing on 9-19-14 to be effective 10/20/2014.
    Filed Date: 9/19/14.
    Accession Number: 20140919-5076.
    Comments Due: 5 p.m. ET 10/1/14.

    Docket Numbers: RP14-1267-000.
    Applicants: East Tennessee Natural Gas, LLC.
    Description: Compliance filing per 154.203: Eastman Neg Rate
(k410493)--CP13-534. Compliance Filing to be effective 1/1/2015.
    Filed Date: 9/19/14.
    Accession Number: 20140919-5099.
    Comments Due: 5 p.m. ET 10/1/14.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified date(s). Protests may be considered,
but intervention is necessary to become a party to the proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP14-1242-001.
    Applicants: Tennessee Gas Pipeline Company, L.L.C.
    Description: Tariff Amendment per 154.205(b): Clean Up-Amend-
Negotiated Rate Agreements to be effective 10/1/2014.
    Filed Date: 9/18/14.
    Accession Number: 20140918-5124.
    Comments Due: 5 p.m. ET 9/30/14.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 22, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-23198 Filed 9-29-14; 8:45 am]
BILLING CODE 6717-01-P