[Federal Register: August 24, 2009 (Volume 74, Number 162)]
[Notices]
[Page 42709-42710]
[DOCID:fr24au09-112]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60507; File No. 4-546]

Joint Industry Plan; Notice of Summary Effectiveness on a
Temporary Basis of Joint Amendment No. 1 to the Options Order
Protection and Locked/Crossed Market Plan, and Notice of Filing of Such
Amendment

August 14, 2009.

I. Introduction

    Pursuant to Section 11A of the Securities Exchange Act of 1934 (the
``Act'') \1\ and Rule 608 of Regulation NMS thereunder (``Rule
608''),\2\ notice is hereby given that on August 7, 2009, August 7,
2009, August 7, 2009, August 7, 2009, August 11, 2009, August 11, 2009,
and August 11, 2009, NYSE Arca, Inc. (``NYSE Arca''), NYSE Amex, LLC
(``NYSE Amex''), International Securities Exchange, LLC (``ISE''),
NASDAQ OMX BX, Inc. (``BOX''), Chicago Board Options Exchange,
Incorporated (``CBOE''), NASDAQ OMX PHLX, Inc. (``Phlx''), and The
NASDAQ Stock Market LLC (``Nasdaq'') (collectively,
``Participants''),\3\ respectively, filed with the Securities and
Exchange Commission (``Commission'') an amendment to the Options Order
Protection and Locked/Crossed Market Plan (``Plan'') \4\ (``Joint
Amendment No. 1''). In Joint Amendment No. 1, the Participants propose
to modify Section 5(b) of the Plan to eliminate the requirement that
policies and procedures be submitted to the Commission for approval.
This order summarily puts into effect Joint Amendment No. 1 on a
temporary basis not to exceed 120 days and solicits comment on Joint
Amendment No. 1 from interested persons.\5\
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    \1\ U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ See letter from Peter G. Armstrong, NYSE Arca, to Elizabeth
Murphy, Secretary, Commission, dated August 6, 2009; letter from
Michael Babel, NYSE Amex, to Elizabeth Murphy, Secretary,
Commission, dated August 6, 2009; letter from Michael J. Simon, ISE,
to Elizabeth Murphy, Secretary, Commission, dated August 6, 2009;
letter from Maura A. Looney, Associate Vice President, BX, to
Elizabeth Murphy, Secretary, Commission, dated August 6, 2009;
letter from Edward J. Joyce, CBOE, to Elizabeth Murphy, Secretary,
Commission, dated August 10, 2009; letter from Richard S. Rudolph,
Assistant General Counsel, Phlx, to Elizabeth Murphy, Secretary,
Commission, dated August 10, 2009; and letter from Jeffrey S. Davis,
Vice President and Deputy General Counsel, Nasdaq, to Elizabeth
Murphy, Secretary, Commission, dated August 10, 2009. On August 12,
2009, Nasdaq and Phlx submitted letters correcting technical errors
in their letters to Elizabeth Murphy, Secretary, Commission, dated
August 10, 2009.
    \4\ On July 30, 2009, the Commission approved a national market
system plan relating to Options Order Protection and Locked/Crossed
Markets proposed by CBOE, ISE, Nasdaq, BOX, Phlx, NYSE Amex, and
NYSE Arca. See Securities Exchange Act Release No. 60405 (July 30,
2009), 74 FR 39362 (August 6, 2009).
    \5\ A proposed amendment may be put into effect summarily upon
publication of notice of such amendment, on a temporary basis not to
exceed 120 days, if the Commission finds that such action is
necessary or appropriate in the public interest, for the protection
of investors or the maintenance of fair and orderly markets, to
remove impediments to, and perfect mechanisms of, a national market
system or otherwise in furtherance of the purposes of the Act. See
17 CFR 242.608(b)(4).
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II. Description of the Proposed Amendment

    The purpose of Joint Amendment No. 1 is to clarify that, while each
Participant is required under the Plan to establish, maintain and
enforce written policies and procedures that are reasonably designed to
prevent Trade-Throughs, there would not be a requirement that these
policies and procedures be submitted to the Commission for approval.
The Plan requires, and each Participant has represented, that its
policies and procedures will be reasonably designed to prevent Trade-
Throughs in the Exchange's market in Eligible Options Classes, unless
they fall within an exception set forth in Section 5(b) of the Plan. If
relying on such exception, the policies and procedures will be
reasonably designed to assure compliance with the terms of the
exception.
    The Participants request that the Commission provide summary
effectiveness pursuant to Rule 608(b)(4) of the Act for the purpose of
effecting Joint Amendment No. 1 on a temporary basis for 120 days.

III. Discussion

    After careful consideration, the Commission finds that the proposed
amendment to the Plan is consistent with the requirements of the Act
and the rules and regulations thereunder.\6\ Specifically, the
Commission finds that the proposed amendment to the Plan is consistent
with Section 11A of the Act \7\ and Rule 608 of Regulation NMS
thereunder \8\ in that it is appropriate in the public interest, for
the protection of investors and the maintenance of fair and orderly
markets. The Commission notes that, as a general matter, it does not
approve specific policies and procedures that exchanges use to ensure
compliance with their rules or NMS Plan provisions. Rather, the
Commission uses its authority to review and examine exchanges to ensure
that exchanges are meeting their regulatory obligations.
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    \6\ In summarily putting into effect this Joint Amendment No. 1,
the Commission has considered its impact on efficiency, competition,
and capital formation.
    \7\ 15 U.S.C. 78k-1.
    \8\ 17 CFR 242.608.
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    In addition, the Commission finds that it is appropriate to
summarily put into effect Joint Amendment No. 1 upon publication of
this notice on a temporary basis for 120 days. The Commission believes
that such action is appropriate in the public interest, for the
protection of investors and the maintenance of fair and orderly markets
because it would allow the amendment to become effective prior to the
anticipated implementation date of the Plan.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the Joint
Amendment No. 1 is consistent with the Act. Comments may be submitted
by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number 4-546 on the subject line.

Paper Comments

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

All submissions should refer to File Number 4-546. This file number
should be included on the subject line if e-mail is used. To help the
Commission process and review your comments more efficiently, please
use only one method. The Commission will post all comments on the
Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed Joint Amendment that are filed
with the Commission, and all written communications relating to the
proposed Joint Amendment between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Com mission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the proposed Joint Amendment also will be
available for inspection and copying at the respective

principal office of CBOE, ISE, Nasdaq, BOX, Phlx, NYSE Amex, and NYSE
Arca. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number 4-546
and should be submitted on or before September 14, 2009.

IV. Conclusion

    It is therefore ordered, pursuant to Section 11A of the Act \9\ and
Rule 608 of Regulation NMS,\10\ that the proposed Joint Amendment No. 1
is summarily put into effect until December 22, 2009.
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    \9\ 15 U.S.C. 78k-1.
    \10\ 17 CFR 242.608.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(29).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-20191 Filed 8-21-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 91 (Thursday, May 10, 2018)]
[Notices]
[Pages 21815-21820]
[FR Doc No: 2018-09909]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2018-0008-N-4]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (DOT).

ACTION: Notice of information collection and request for comment.

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SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its
implementing regulations, FRA is informing the public that FRA has made
five proposed revisions to the Quarterly Positive Train Control (PTC)
Progress Report Form (Form FRA F 6180.165) and Annual PTC Progress
Report Form (Form FRA F 6180.166), which the Office of Management and
Budget (OMB) previously approved on August 15, 2017, under its regular
processing procedures. Before submitting this revised information
collection request (ICR) to OMB for regular clearance and approval, FRA
is soliciting public comment on specific aspects of the proposed ICR.

DATES: Interested persons are invited to submit comments on or before
July 9, 2018.

ADDRESSES: Submit written comments on the ICR activities by mail to
either: Mr. Robert Brogan, Information Collection Clearance Officer,
Office of Railroad Safety, Regulatory Analysis Division, RRS-21,
Federal Railroad Administration, 1200 New Jersey Avenue SE, Room W33-
497, Washington, DC 20590; or Ms. Kim Toone, Information Collection
Clearance Officer, Office of Information Technology, RAD-20, Federal
Railroad Administration, 1200 New Jersey Avenue SE, Room W34-212,
Washington, DC 20590. Commenters requesting FRA to acknowledge receipt
of their respective comments must include a self-addressed stamped
postcard stating, ``Comments on OMB Control Number 2130-0553,'' and

should also include the title of the ICR. Alternatively, comments may
be faxed to<PHONE_NUMBER> or<PHONE_NUMBER>, or emailed to Mr. Brogan
at [email protected], or Ms. Toone at [email protected]. Please
refer to the assigned OMB control number in any correspondence
submitted. FRA will summarize comments received in response to this
notice in a subsequent notice and include them in its information
collection submission to OMB for approval.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Brogan, Information
Collection Clearance Officer, Office of Railroad Safety, Regulatory
Analysis Division, RRS-21, Federal Railroad Administration, 1200 New
Jersey Avenue SE, Room W33-497, Washington, DC 20590 (telephone: (202)
493-6292); or Ms. Kim Toone, Information Collection Clearance Officer,
Office of Information Technology, RAD-20, Federal Railroad
Administration, 1200 New Jersey Avenue SE, Room W34-212, Washington, DC
20590 (telephone:<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
provide 60-days' notice to the public to allow comment on information
collection activities before seeking OMB approval of the activities.
See 44 U.S.C. 3506, 3507; 5 CFR 1320.8-12.
    Specifically, FRA invites interested parties to comment on the
following ICR regarding: (1) Whether the information collection
activities are necessary for FRA to properly execute its functions,
including whether the activities will have practical utility; (2) the
accuracy of FRA's estimates of the burden of the information collection
activities, including the validity of the methodology and assumptions
used to determine the estimates; (3) ways for FRA to enhance the
quality, utility, and clarity of the information being collected; and
(4) ways for FRA to minimize the burden of information collection
activities on the public, including the use of automated collection
techniques or other forms of information technology. See 44 U.S.C.
3506(c)(2)(A); 5 CFR 1320.8(d)(1).
    FRA believes that soliciting public comment will promote its
efforts to reduce the administrative and paperwork burdens associated
with the collection of information that Federal regulations mandate. In
summary, FRA reasons that comments received will advance three
objectives: (1) Reduce reporting burdens; (2) organize information
collection requirements in a ``user-friendly'' format to improve the
use of such information; and (3) accurately assess the resources
expended to retrieve and produce information requested. See 44 U.S.C.
3501.

II. Background on the Quarterly and Annual PTC Reporting Requirements

    Under the Positive Train Control Enforcement and Implementation Act
of 2015 (PTCEI Act), each railroad subject to 49 U.S.C. 20157(a) must
submit an annual progress report to FRA by March 31, 2016, and annually
thereafter, until PTC system implementation is completed. 49 U.S.C.
20157(c)(1). The PTCEI Act specifically requires each railroad to
provide certain information in the annual reports regarding its
progress toward implementing a PTC system, in addition to any other
information FRA requests. See id. In addition, 49 U.S.C. 20157(c)(2)
requires FRA to conduct compliance reviews at least annually to ensure
each railroad is complying with its revised PTC Implementation Plan
(PTCIP), including any FRA-approved amendments. The PTCEI Act requires
railroads to provide information to FRA that FRA determines is
necessary to adequately conduct such compliance reviews. 49 U.S.C.
20157(c)(2).
    Under its statutory and regulatory investigative authorities, FRA
currently requires, and seeks to continue requiring, each subject
railroad to submit Quarterly PTC Progress Reports (Form FRA F 6180.165)
and Annual PTC Progress Reports (Form FRA F 6180.166) on its PTC system
implementation progress. See 49 U.S.C. 20157(c)(1)-(2); see also 49
U.S.C. 20107; 49 CFR 236.1009(h).
    Specifically, in addition to the Annual PTC Progress Report (Form
FRA F 6180.166) due each March 31 under 49 U.S.C. 20157(c)(1),
railroads must provide quarterly progress reports covering the
preceding three-month period and submit the forms to FRA on the dates
in the following table until full PTC system implementation is
completed:

------------------------------------------------------------------------
                                                        Due dates for
                                 Coverage period      quarterly reports
------------------------------------------------------------------------
Q1..........................  January 1-March 31..  April 30.
Q2..........................  April 1-June 30.....  July 31.
Q3..........................  July 1-September 30.  October 31.
Q4..........................  October 1-December    January 31.
                               31.
------------------------------------------------------------------------

    Each railroad must submit its Quarterly PTC Progress Reports on
Form FRA F 6180.165 and its Annual PTC Progress Reports on Form FRA F
6180.166 on FRA's Secure Information Repository at https://sir.fra.dot.gov.

II. Proposed Revisions to the Quarterly and Annual PTC Progress Report
Forms

    On August 15, 2017, OMB approved the Quarterly PTC Progress Report
(Form FRA F 6180.165) and Annual PTC Progress Report (Form FRA F
6180.166) for a period of one year, expiring on August 31, 2018. The
current Quarterly PTC Progress Report Form and Annual PTC Progress
Report Form, as approved through August 31, 2018, can be accessed and
downloaded in FRA's eLibrary at: https://www.fra.dot.gov/eLib/details/L17365 and https://www.fra.dot.gov/eLib/details/L17366, respectively.
These versions of the forms took into account the Association of
American Railroads' written comments on behalf of itself and its member
railroads; the American Public Transportation Association's written
comments on behalf of Northeast Illinois Commuter Rail System, the Utah
Transit Authority, the Tri-County Metropolitan Transportation District
of Oregon, and the Fort Worth Transportation Authority; and industry
stakeholders' comments during FRA's public meeting on April 19, 2016.
FRA published minutes from the meeting on www.regulations.gov under
Docket No. FRA-2016-0002. For a summary of the oral and written
comments and FRA's responses to the comments, please see 81 FR 28140,
May 9, 2016.
    Following the 60-day public comment period after this notice is
published, FRA will request OMB's re-approval of the forms, with the
five changes described below. First, in Section 1 of the Quarterly PTC
Progress Report Form (FRA F 6180.165), FRA proposes revising the row
``Territories Where Revenue Service Demonstration Has

Been Initiated'' to state ``Territories in Revenue Service
Demonstration or in PTC Operation'' for clarity, based on additional
feedback from the industry following OMB's approval of the form on
August 15, 2017. FRA intended this row to include any and all
territories where a railroad had initiated revenue service
demonstration (RSD), even if a railroad subsequently obtained PTC
System Certification from FRA and is operating its PTC system in
revenue service. The purpose of this row is to collect information
regarding a railroad's progress toward meeting the statutory criteria
under 49 U.S.C. 20157(a)(3)(B)(vi)-(vii), if applicable. Based on
feedback from the industry, FRA proposes clarifying the language in
this row in Section 1 so railroads understand that a railroad can
include in this row the number of territories where its PTC system is
in RSD or in operation. This proposed change does not result in any
additional reporting burden as it is only a clarifying change.
    Second, in footnotes 4 and 6 of the Quarterly PTC Progress Report
Form (FRA F 6180.165), FRA proposes adding a hyperlink to Appendix A.
The footnotes currently state: ``If a particular category listed in
this table does not apply to the railroad's technology, please indicate
`N/A.' A railroad may add categories or subcategories if it wants to
provide more detail.'' FRA proposes adding the phrase ``in Appendix A''
to the second sentence with a hyperlink to that appendix to the form,
as it will help direct railroads to the available section of the PDF
where they can provide additional information. A hyperlink to Appendix
A was in the corresponding footnotes in the prior version of the
Quarterly PTC Progress Report Form that OMB approved through June 30,
2017, but the hyperlink was omitted in error from the current version
of the form. This proposed change (i.e., adding a hyperlink to an
existing appendix) does not result in any additional reporting burden
as it is only a formatting change.
    Third, in Section 4 (entitled ``Installation/Track Segment
Progress--Current Status'') of both the quarterly form and the annual
form, FRA proposes replacing the ``Testing'' option in the drop-down
menu with two more precise options--i.e., ``Field Testing'' and
``Revenue Service Demonstration.'' This modification will help ensure
clearer and more accurate reporting, without imposing an additional
reporting burden.
    Fourth, with respect to only the Annual PTC Progress Report Form
(FRA F 6180.166), FRA proposes to delete a now inapplicable instruction
from footnote 7 in Section 4, which stated,

    Please note: For the Annual PTC Progress Report due by March 31,
2017, this mandatory geographic requirement (that must be satisfied
by either completing Column 5 in Section 4 or submitting a GIS
shapefile as described above) is due to FRA by April 30, 2017. Every
other part of this form must be completed and submitted to FRA by
March 31, 2017. This limited extension applies only in 2017.

    FRA delayed the due date for submitting that specific information
in 2017 only, per OMB's request, to ensure railroads had sufficient
time to compile and provide the information. FRA proposes removing that
note from footnote 7 as it is no longer applicable or necessary. By
statute, a railroad's Annual PTC Progress Report is due by March 31st
each year. 49 U.S.C. 20157(c)(1).
    Fifth, with respect to both the quarterly form and the annual form,
FRA proposes making certain changes to Section 6 (entitled ``Update on
Interoperability Progress''). FRA proposes removing the portion of the
instruction that states a host railroad must provide information about
the status of each tenant railroad's rolling stock ``if the tenant does
not have a separate PTCIP on file.'' FRA proposes removing this
limiting instruction because FRA needs to know the PTC implementation
status of any tenant railroad that operates on the host railroad's
property, except any tenant railroad that is subject to an exception
under 49 CFR 236.1006(b). In addition, before the final column in the
table in Section 6, FRA proposes adding a column entitled, ``Scheduled
Completion Date for Interoperability Testing.'' This information is
necessary for FRA to understand the progress a host railroad and each
of its required tenant railroads are jointly making toward testing and
achieving PTC system interoperability, consistent with host railroad's
PTC Implementation Plan and/or PTC Safety Plan. FRA estimates the
additional burden for a host railroad to complete this new reporting
requirement would be, on average, approximately 2.5 hours for Class I
railroads and large passenger railroads; 1.25 hours for Class II and
medium passenger railroads; and thirty minutes for Class III, terminal,
and small passenger railroads.

III. Overview of Information Collection

    The associated collection of information is summarized below. FRA
will submit this information collection request to OMB for regular
clearance as required by the PRA.
    Titles: Quarterly Positive Train Control Progress Report and Annual
Positive Train Control Progress Report.
    OMB Control Number: 2130-0553.
    Form Number(s): FRA F 6180.165 and FRA F 6180.166.
    Affected Public: Businesses.
    Frequency of Submission: On occasion.
    Respondent Universe: 41 Railroad Carriers.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                                                                Average time
   Quarterly PTC progress report     Respondent universe        Total annual       per response    Total annual
                                                                 responses            (hours)      burden hours
----------------------------------------------------------------------------------------------------------------
Form FRA F 6180.165...............  41 Railroads.........  164 Reports/Forms....           22.84           3,746
----------------------------------------------------------------------------------------------------------------

    FRA notes that the 22.84-hour estimate is an average for all
railroads. FRA estimated the quarterly reporting burden is
approximately 43 hours for the 11 Class I and large passenger railroads
per quarterly form, approximately 28.75 hours for the 11 Class II and
medium passenger railroads per quarterly form, and approximately 7.75
hours for the 19 Class III, terminal, and small passenger railroads per
quarterly form.

----------------------------------------------------------------------------------------------------------------
                                                                                Average time
    Annual PTC progress report       Respondent universe        Total annual       per response    Total annual
                                                                 responses            (hours)      burden hours
----------------------------------------------------------------------------------------------------------------
Form FRA F 6180.166...............  41 Railroads.........  41 Reports/Forms.....           39.65           1,626
----------------------------------------------------------------------------------------------------------------

    FRA notes that the 39.65-hour estimate is an average for all
railroads. FRA estimated the annual reporting burden is approximately
62.5 hours for the 11 Class I and large passenger railroads per annual
form, approximately 41.25 hours for the 11 Class II and medium
passenger railroads per annual form, and approximately 25.5 hours for
the 19 Class III, terminal, and small passenger railroads per annual
form.
    Total Estimated Annual Responses for Form FRA F 6180.165: 164.
    Total Estimated Annual Burden for Form FRA F 6180.165: 3,746 hours.
    Total Estimated Annual Responses for Form FRA F 6180.166: 41.
    Total Estimated Annual Burden for Form FRA F 6180.166: 1,625.75.
    Respondent Universe: 41 Railroads.
    Frequency of Submission: On occasion; quarterly; annually.
    Reporting Burden:

----------------------------------------------------------------------------------------------------------------
                                                            Total annual       Average time per    Total annual
           CFR section             Respondent universe       responses             response        burden hours
----------------------------------------------------------------------------------------------------------------
Form FRA F 6180.166--Annual PTC    41 railroads.......  41 reports/forms...  39.65 hours........           1,626
 Progress Report Form.
Form FRA F 6180.165--Quarterly     41 railroads.......  164 reports/forms..  22.84 hours........           3,746
 PTC Progress Report Form.
234.275--Processor-based systems-- 38 railroads.......  25 letters.........  4 hours............             100
 Railroad letter explaining
 deviations of a product from
 requirements.
235.6--Expedited application for   38 railroads.......  500 expedited        5 hours............           2,500
 approval of certain signal                              applications.
 system changes described in this
 section.
    --Copy of expedited            38 railroads.......  500 copies.........  30 minutes.........             250
     application to labor union.
    --Railroad rescindment letter  38 railroads.......  25 letters.........  6 hours............             150
     of request for expedited
     application of certain
     signal system changes.
    --Revised application for      38 railroads.......  13 applications....  5 hours............              65
     certain signal system
     changes.
    --Copy of railroad revised     38 railroads.......  13 copies..........  30 minutes.........               7
     application to labor union.
236.15--Designation of automatic   38 railroads.......  13 timetable         60 minutes.........               7
 block, traffic control, train                           instructions.
 stop, train control, cab signal,
 or PTC territory in timetable
 instructions.
236.18--Software Management        5 railroads........  1 plan.............  2,150 hours........           2,150
 Control Plan, New Railroads.
    --Subsequent years: Updated    90 railroads.......  20 updated plans...  1.50 hours.........              30
     plans.
236.905--Railroad Safety Program   5 railroads........  1 RSPP.............  135 hours..........             135
 Plan (RSPP), New Railroads.
    --FRA request for additional   78 railroads.......  1 document.........  135 hours..........             135
     information.
    --Railroad request to modify   78 railroads.......  1 request for        400 hours..........             400
     RSPP.                                               amendment.
236.907-909--Railroad petition     5 railroads........  2 petitions/reviews  19,200 hours.......          19,200
 for review and approval of
 Product Safety Plan (PSP).
    --Railroad sensitivity         5 railroads........  5 analyses.........  160 hours..........             800
     analysis supporting railroad
     risk assessment.
236.913--Filing and approval of    6 railroads........  1 joint plan.......  25,600 hours.......          25,600
 joint PSP.
    --Informational filing/        6 railroads........  6 filings/approval   1,928 hours........          11,568
     petition for special                                petitions.
     approval.
    --FRA request for further      6 railroads........  2 data calls/        800 hours..........           1,600
     data after informational                            documents.
     filing.
    --FRA request for further      6 railroads........  6 data calls/        16 hours...........              96
     information within 15 days                          documents.
     after receipt of Notice of
     Product Development.
    --Technical consultation by    6 railroads........  6 consultations....  120 hours..........             720
     FRA with railroad on design
     and planned development of
     product.
    --Railroad Petition to FRA     6 railroads........  6 petitions........  16 hours...........              96
     for final approval.
    --Comments to FRA on railroad  Public/railroad      7 comments/letters.  240 hours..........           1,680
     informational filing or        community.
     special approval petition.
    --Railroad amendment to PSP..  6 railroads........  15 amendments......  160 hours..........           2,400
    --Railroad field testing/      6 railroads........  6 field tests/       3,200 hours........          19,200
     informational filing                                documents.
     document.
236.917--Railroad retention of     6 railroads........  3 procedures.......  160,000 hours/              360,000
 records: results of tests &                                                  160,000 hours/
 inspections specified in PSP.                                                40,000 hours.
    --Railroad report that         6 railroads........  1 report...........  104 hours..........             104
     frequency of safety relevant
     hazards exceeds threshold
     set forth in PSP.
236.919--Railroad Operations and   6 railroads........  6 OMM updates......  40 hours...........             240
 Maintenance Manual (OMM).
    --Plans for proper             6 railroads........  6 plans............  53,335 hours.......         320,010
     maintenance, repair,
     inspection, and testing of
     safety critical products.
    --Documented hardware,         6 railroads........  6 revisions........  6,440 hours........          38,640
     software, & firmware
     revisions in OMM.
236.921--Training & qualification  6 railroads........  6 programs.........  400 hours..........           2,400
 program.
    --Trained signalmen &          6 railroads........  300 trained          40 hours + 20 hours          12,400
     dispatchers.                                        signalmen + 20 tr.
                                                         dispatchers.
236.923--Railroad Task analysis..  6 railroads........  6 analyses/          720 hours..........           4,320
                                                         documents.
    --Railroad records             6 railroads........  350 records........  10 minutes.........              58
     designating other qualified
     persons.
236.1001--Railroad additional or   38 railroads.......  3 rules or           80 hours...........             240
 more stringent PTC rules and                            instructions.
 other special instructions than
 prescribed under this section.
236.1005--Railroad request for     38 railroads.......  3 relief requests..  64 hours...........             192
 relief in PTCIP or RFA to
 implement PTC system based on
 minimal quantity of PIH
 materials traffic.
    --Railroad request to          38 railroads.......  47 requests........  8 hours............             376
     temporarily reroute trains
     equipped with PTC onto
     tracks not equipped with PTC
     systems and vice versa.
    --Written or telephonic        38 railroads.......  47 written or        2 hours............              94
     notice to FRA Regional                              telephonic notices.
     Administrator of conditions
     necessitating emergency
     rerouting.
    --Planned maintenance:         38 railroads.......  720 requests.......  8 hours............           5,760
     temporary rerouting requests.

    --Request to FRA for           38 railroads.......  361 requests.......  8 hours............           2,888
     temporary rerouting
     exceeding 30 days.
236.1006--Equipping locomotives    38 railroads.......  35 reports.........  16 hours...........             560
 operating in PTC territory--
 Class II or III railroad
 progress reports for equipping
 locomotives with onboard
 apparatus for movements
 exceeding 20 mph.
236.1007--HSR-125 document         38 railroads.......  3 HSR-125 documents  3,200 hours........           9,600
 accompanying railroad PTC Safety
 Plan (PTCSP) for host railroads
 conducting freight or passenger
 operations at more than 125 mph.
    --Railroad request to use      38 railroads.......  2 data requests....  8,000 hours........          16,000
     foreign service data before
     submittal of PTCSP.
    --Submission of PTCSP with     38 railroads.......  3 PTCSPs with HSR-   3,200 hours........           9,600
     HSR-125 document by host                            125 documents.
     railroad conducting freight
     or passenger operations at
     more than 150 mph.
    --Railroad request in PTCSP    38 railroads.......  1 request..........  1,000 hours........           1,000
     that FRA excuse compliance
     with one or more of this
     section's requirements.
236.1009--Railroad filing PTCIP    38 railroads.......  1 PTCIP + 20 RFAs..  535 hours + 320               6,935
 with FRA for a main line track                                               hours.
 segment requiring PTC system
 implementation or request for
 amendment (RFA) to its PTCIP for
 initiating a new category of
 service or materially modifying
 one or more railroad lines
 requiring a PTC system.
    --Host railroad filing         38 railroads.......  2 documents........  8 hours............              16
     unmodified Type Approval
     with FRA.
    --PTC Development Plan         38 railroads.......  20 cover letters +   8 hours + 1,600              44,960
     (PTCDP) requesting Type                             20 modified Type     hours + 6,400
     Approval for PTC system or                          Approvals + 2        hours.
     request to modify previous                          PTCDPs.
     Type Approval with one or
     more variances.
    --PTCSP or PTCDP translated    38 railroads.......  1 document.........  8,000 hours........           8,000
     from foreign language into
     English.
    --Railroad request for         38 railroads.......  38 cover letters +   8 hours + 800 hours          30,704
     confidentiality for a filing.                       38 confidentiality
                                                         requests.
    --Railroad field testing or    38 railroads.......  190 field tests + 2  800 hours..........         153,600
     independent assessment                              assessments.
     undertaken at FRA request
     for Type Approval or PTC
     System Certification.
    --Access interviews with       38 railroads.......  76 interviews......  30 minutes.........              38
     railroad personnel
     associated with Type
     Approval or PTC System
     Certification and to
     determine compliance with
     this subpart.
    --Additional information to    38 railroads.......  8 documents........  400 hours..........           3,200
     FRA on PTCDP and PTCSP.
236.1011--PTCIP and public         38 railroads.......  1 PTCIP + 40 public  143 hours + 8 hours             400
 comment on PTCIPs, PTCDPs, and                          comments.
 PTCSPs.
236.1015--PTCSPs--Non-vital        38 railroads.......  3 PTCSPs...........  16,000 hours.......          48,000
 overlay.
    --Vital overlay..............  38 railroads.......  28 PTCSPs..........  22,400 hours.......         627,200
    --Stand-alone................  38 railroads.......  1 PTCSP............  32,000 hours.......          32,000
    --Railroad conference with     38 railroads.......  3 conferences......  32 hours...........              96
     FRA on mixed systems.
    --PTCSP for Mixed System.....  38 railroads.......  1 PTCSP............  28,800 hours.......          28,800
    --Railroad provision of        38 railroads.......  19 documents.......  3,200 hours........          60,800
     additional information to
     FRA upon request.
    --PTCSP replacing existing     38 railroads.......  19 PTCSPs..........  3,200 hours........          60,800
     certified PTC system.
    --Non-quantitative risk        38 railroads.......  19 assessments.....  3,200 hours........          60,800
     assessment to FRA.
236.1017--Third Party Assessment.  38 railroads.......  1 assessment.......  8,000 hours........           8,000
    --Host railroad written        38 railroads.......  1 written request..  8 hours............               8
     request to FRA to confirm
     whether a specific entity is
     independent.
--Further information provided to  38 railroads.......  1 additional         160 hours..........             160
 FRA upon request.                                       document.
    --Waiver request regarding     38 railroads.......  1 waiver request...  160 hours..........             160
     production of documents
     required for third party
     assessment.
    --Request for FRA to accept    38 railroads.......  1 request..........  32 hours...........              32
     certified information from a
     foreign railroad regulatory
     entity.
236.1019--Main line track          38 railroads.......  36 MTEAs...........  160 hours..........           5,760
 exception addendum.
    --Intercity commuter or        38 railroads.......  19 MTEAs...........  160 hours..........           3,040
     passenger line track
     exception addendum.
    --Limited operation            38 railroads.......  19 plans...........  160 hours..........           3,040
     exception: railroad risk
     mitigation plan.
    --Limited operation            38 railroads.......  12 analyses........  1,600 hours........          19,200
     exception: railroad
     collision hazard analysis to
     FRA.
    --Temporal separation          38 railroads.......  11 procedures......  160 hours..........           1,760
     procedures.
236.1021--Request for amendment    38 railroads.......  19 RFAs............  160 hours..........           3,040
 (RFA) to railroad PTCIP/PTCDP/
 PTCSP.
    --Review and comment on RFA    7 Interested         7 reviews + 20       3 hours + 16 hours.             341
     by interested parties.         parties.             public comments.
236.1023--Railroad PTC Product     38 railroads.......  38 lists...........  8 hours............             304
 Vendor List.
    --Railroad procedures for      38 railroads.......  38 procedures......  16 hours...........             608
     action to applicable vendor
     upon notification of a
     safety-critical failure,
     upgrade, patch, revision,
     replacement, or modification
     to PTC system.
    --Railroad notification to     38 railroads.......  142 notifications..  16 hours...........           2,272
     vendor and FRA of failure,
     malfunction, or defective
     condition that decreased or
     eliminated safety
     functionality of PTC product.
    --Notification updates.......  38 railroads.......  142 notice updates.  16 hours...........           2,272

    --Railroad and vendor report   38 railroads.......  5 reports..........  400 hours..........           2,000
     to FRA of results of
     investigation of accident or
     service difficulty related
     to PTC system or product
     because of a manufacturing
     or design defect.
    --PTC supplier or vendor       38 railroads.......  142 reports + 142    16 hours + 8 hours.           3,408
     report of PTC system or                             report copies.
     product safety-relevant
     failures, defective
     conditions, previously
     unidentified hazards, and
     recommended mitigation
     actions.
236.1029--PTC System Use: Report   38 railroads.......  836 reports........  96 hours...........          80,256
 of en route failure.
    --Railroad submission to FRA   38 railroads.......  1 order............  3,200 hours........           3,200
     of Order of Particular
     Applicability for approval.
    --Railroad notice to FRA       38 railroads.......  76 notices + 114     10 hours...........           1,900
     regional office of planned                          unplanned notices.
     disabling of PTC system at
     least 7 days in advance and
     a contemporaneous notice of
     unplanned temporary
     disabling.
236.1031--Railroad Request for     38 railroads.......  3 REC letters......  160 hours..........             480
 Expedited Certification (REC).
    --Railroad PTC system request  38 railroads.......  3 requests.........  1,600 hours........           4,800
     to FRA for grandfathering of
     previously approved train
     control system.
236.1035--Railroad request for     38 railroads.......  190 requests.......  800 hours..........         152,000
 approval to conduct field
 testing of uncertified PTC
 system with provision of
 required documents.
    --Railroad request to FRA for  38 railroads.......  38 requests........  320 hours..........          12,160
     regulatory relief from
     certain requirements of 49
     part 236.
236.1037--Records Retention--      38 railroads.......  836 records........  4 hours............           3,344
 Results of inspections and tests
 specified in PTCSP and PTCDP.
    --Records on testing,          38 railroads.......  18,240 records.....  30 minutes.........           9,120
     maintenance, or operation of
     PTC system.
    --Railroad report of           38 railroads.......  4 reports..........  8 hours............              32
     frequency of safety-relevant
     hazards exceeding threshold
     set forth in PTCSP or PTCDP.
    --Railroad final report to     38 railroads.......  4 final reports....  160 hours..........             640
     FRA on results of analysis
     and countermeasures to
     reduce the frequency of
     safety-related hazards.
236.1039--Railroad development     38 railroads.......  38 OMM updates.....  250 hours..........           9,500
 and/or update of PTC Operations
 and Maintenance Manual (OMM).
    --Railroad identification of   38 railroads.......  114,000 I.D.s......  1 hour.............         114,000
     PTC safety-critical
     components.
    --OMM-designated PTC officer   38 railroads.......  76 designated        2 hours............             152
     responsible for scheduled                           officers.
     service interruptions.
236.1041--PTC Training &           38 railroads.......  38 programs........  400 hours..........          15,200
 Qualification Program.
236.1043--Regular & periodic       38 railroads.......  38 regular &         720 hours..........          27,360
 evaluations of PTC training                             periodic
 program.                                                evaluations.
    --Training records...........  38 railroads.......  560 records........  10 minutes.........              93
236.1045--PTC Training of Office   38 railroads.......  32 trained           20 hours...........             640
 Control Personnel.                                      personnel.
236.1047--PTC Training of          38 railroads.......  7,600 trained        3 hours............          22,800
 Operating Personnel.                                    personnel.
----------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Responses: 147,526.
    Total Estimated Annual Burden: 2,728,528 hours.
    Under 44 U.S.C. 3507(a) and 5 CFR 1320.5(b), 1320.8(b)(3)(vi), FRA
informs all interested parties that it may not conduct or sponsor, and
a respondent is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.

    Authority: 44 U.S.C. 3501-3520.

Brett Andrew Jortland,
Acting Deputy Chief Counsel.
[FR Doc. 2018-09909 Filed 5-9-18; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 88, Number 159 (Friday, August 18, 2023)]
[Notices]
[Pages 56614-56615]
[FR Doc No: 2023-17842]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2022-0045; FRL-11347-01-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NSPS for Commercial and Industrial Solid
Waste Incineration (CISWI) Units (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), NSPS for Commercial and
Industrial Solid Waste Incineration (CISWI) Units (EPA ICR Number
2384.06, OMB Control Number 2060-0662), to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act. This is a proposed extension of the ICR, which is
currently approved through September 30, 2023. Public comments were
previously requested, via the Federal Register, on July 22, 2022 during
a 60-day comment period. This notice allows for an additional 30 days
for public comments.

DATES: Comments may be submitted on or before September 18, 2023.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2022-0045, to EPA online using https://www.regulations.gov/ (our
preferred method), or by email to [email protected], or by mail
to: EPA Docket Center, Environmental Protection Agency, Mail Code
28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460. EPA's policy
is that all comments received will be included in the public docket
without change, including any personal information provided, unless the
comment includes profanity, threats, information claimed to be
Confidential Business Information (CBI), or other information whose
disclosure is restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by jusing the search function.

FOR FURTHER INFORMATION CONTACT: Muntasir Ali, Sector Policies and
Program Division (D243-05), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711; telephone number:<PHONE_NUMBER>; email
address: [email protected].

SUPPLEMENTARY INFORMATION: This is a proposed extension of the ICR,
which is currently approved through September 30, 2024. An agency may
neither conduct nor sponsor, and a person is not required to a
collection of information, unless it displays a currently valid OMB
control number.
    Public comments were previously requested, via the Federal
Register, on July 22, 2022, during a 60-day comment period (87 FR
43843). The notice allows for an additional 30 days for public
comments. Supporting documents, which explains in detail the
information that the EPA will be collecting, are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations,gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Avenue

NW, Washington, DC. The telephone number for the Docket Center is 202-
566-1744. For additional information about EPA's public docket, visit
http://www.epa.gov/dockets.
    Abstract: The New Source Performance Standards (NSPS) for
Commercial and Industrial Solid Waste Incineration (CISWI) Units (40
CFR part 60, subpart CCCC) apply to Commercial and Industrial Solid
Waste Incineration (CISWI) units that either commenced construction
after June 4, 2010, or commenced reconstruction or modification after
August 7, 2013. In general, all NSPS standards require initial
notifications, performance tests, and periodic reports by the owners/
operators of the affected facilities. They are also required to
maintain records of the occurrence and duration of any startup,
shutdown, or malfunction in the operation of an affected facility, or
any period during which the monitoring system is inoperative. These
notifications, reports, and records are essential in determining
compliance, and are required of all affected facilities subject to
NSPS.
    Form Numbers: None.
    Respondents/affected entities: Owners and operators of new CISWI
units.
    Respondent's obligation to respond: Mandatory (40 CFR part 60,
subpart CCCC).
    Estimated number of respondents: 16 (total).
    Frequency of response: Annually, semiannually.
    Total estimated burden: 2,230 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $1,480,000 (per year), which includes
$1,210,000 in annualized capital/startup and/or operation & maintenance
costs.
    Changes in the Estimates: The increase in burden from the most-
recently approved ICR is due to an adjustment(s). The adjustment
increase in burden from the most-recently approved ICR is due to an
increase in the number of new or modified sources, rather than any
program changes. A more accurate count of sources was gathered from the
Enforcement and Compliance History Online (ECHO) database, which more
accurately represents the current industry landscape. Additionally,
capital/startup and O&M costs will also increase due to the increase in
number of sources. Capital/startup and O&M costs have been adjusted
from 2010$ to 2020$ using the Chemical Engineering Plant Cost Index
(CEPCI). There is an increase in costs, which is due to the use of
updated labor rates. This ICR uses labor rates from the most-recent
Bureau of Labor Statistics report (September 2021) to calculate
respondent burden costs.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2023-17842 Filed 8-17-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Notices]
[Pages 9579-9580]
[FR Doc No: 2016-03964]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2016-0021]

Petition for Exemption; Summary of Petition Received; Leading
Edge Associates, Inc.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Title 14 of the Code of Federal
Regulations. The purpose of this notice is to improve the public's
awareness of, and participation in, the FAA's exemption process.
Neither publication of this notice nor the inclusion or omission of
information in the summary is intended to affect the legal status of
the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before March 16, 2016.

ADDRESSES: Send comments identified by docket number FAA-2015-0346
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Dan Ngo,<PHONE_NUMBER>. 800
Independence Avenue SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on February 19, 2016.
Dale A. Bouffiou,
Acting Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2015-0346
    Petitioner: Leading Edge Associates, Inc.
    Section(s) of 14 CFR Affected: 61.113 (a); 61.23(a)(c);
61.104(e)(4)(5); 61.315(a); 91.7(a); 91.119(c); 91.121; 91.407(a)(1);
91.409(a)(1)(2); 91.417(a)(b); 91.151(a)(1); 91.405(a). Description of
Relief Sought: The petitioner is requesting relief in order to operate
a PrecisionVision 30 Unmanned Aircraft System (UAS) for mosquito
adulticiding and larvaciding in the vector markets using EPA approved,
Federally labeled and registered products in the National Airspace
System (NAS).
[FR Doc. 2016-03964 Filed 2-24-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Notices]
[Page 2371]
[FR Doc No: 2011-538]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP11-57-000]

Columbia Gas Transmission, LLC; Notice of Request Under Blanket
Authorization

January 5, 2011.
    Take notice that on December 22, 2010, Columbia Gas Transmission,
LLC (Columbia) 5151 San Felipe, Suite 2500, Houston, Texas 77056, filed
in Docket No. CP11-57-000, an application pursuant to sections 157.205
and 157.216(b) of the Commission's Regulations under the Natural Gas
Act (NGA) as amended, to convert and abandon certain natural gas
storage facilities in its Ripley storage field in Jackson County, West
Virginia, under Columbia's blanket certificate issued in Docket No.
CP83-76-000,\1\ all as more fully set forth in the application which is
on file with the Commission and open to the public for inspection.
---------------------------------------------------------------------------

    \1\ 22 FERC ] 62,029 (1983).
---------------------------------------------------------------------------

    Columbia proposes to convert Storage Wells 7300 and 7320 from
active injection/withdrawal status to observation well status and
abandon storage well pipelines Lines X-59W-7300, X-59W-7320, and X-59-
F-2 along with their respective appurtenances. Columbia also proposes
to abandon natural gas service to one landowner who would be directly
affected by abandonment of the facilities herein. Columbia states that
it would compensate the landowner's transition to an alternative source
of energy.
    Any questions concerning this application may be directed to
Fredric J. George, Senior Counsel, Columbia Gas Transmission, LLC, P.O.
Box 1273, Charleston, West Virginia 25325-1273 or via telephone at
(304) 357-2359 or by facsimile<PHONE_NUMBER>.
    This filing is available for review at the Commission or may be
viewed on the Commission's Web site at http://www.ferc.gov, using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number filed to access the document. For
assistance, please contact FERC Online Support at FERC
<EMAIL_ADDRESS>or call toll-free at<PHONE_NUMBER>, or, for
TTY, contact<PHONE_NUMBER>. Comments, protests and interventions may
be filed electronically via the Internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
intervenors to file electronically.
    Any person or the Commission's staff may, within 60 days after
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and pursuant to Section 157.205 of
the regulations under the NGA (18 CFR 157.205), a protest to the
request. If no protest is filed within the time allowed therefore, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for filing a protest. If a protest is filed and
not withdrawn within 30 days after the allowed time for filing a
protest, the instant request shall be treated as an application for
authorization pursuant to section 7 of the NGA.

Kimberly D. Bose,
Secretary.
[FR Doc. 2011-538 Filed 1-12-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Rules and Regulations]
[Page 31048]
[FR Doc No: 2018-14238]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0628]

Drawbridge Operation Regulation; Rancocas Creek, Burlington, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the S.R. 543 (Riverside-Delanco) Bridge
across the Rancocas Creek, mile 1.3, at Burlington, NJ. The deviation
is necessary to facilitate routine maintenance. This deviation allows
the bridge to remain in the closed-to-navigation position.

DATES: This deviation is effective without actual notice from July 3,
2018 until 3:30 p.m. on August 2, 2018. For enforcement purposes actual
notice will be used from 7 a.m. on June 28, 2018 until July 3, 2018.

ADDRESSES: The docket for this deviation, [USCG-2018-0628] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Mickey Sanders, Bridge
Administration Branch, Fifth District, Coast Guard; telephone (757)
398-6587, email [email protected].

SUPPLEMENTARY INFORMATION: The Burlington County Bridge Commission,
owner and operator of the S.R. 543 (Riverside-Delanco) Bridge across
the Rancocas Creek, mile 1.3, at Burlington, NJ, has requested a
temporary deviation from the current operating schedule to accommodate
routine maintenance.
    Under this temporary deviation, the bridge will require a 30
minutes advanced notice to open Monday through Friday, from 7 a.m. to
3:30 p.m., on June 28, 2018, to August 2, 2018. The current operating
schedule is set out in 33 CFR 117.745.
    The Rancocas Creek is mostly used by recreational vessels. The
Coast Guard has carefully considered the restrictions with waterway
users in publishing this temporary deviation.
    Vessels able to pass through the bridge in the closed position may
do so at any time. The bridge will be able to open for emergencies and
there is no immediate alternate route for vessels unable to pass
through the bridge in the closed position. The Coast Guard will also
inform the users of the waterways through our Local and Broadcast
Notice to Mariners of the change in operating schedule for the bridge
so that vessel operators can arrange their transits to minimize any
impact caused by this temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of this effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: June 26, 2018.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2018-14238 Filed 7-2-18; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: October 4, 2010 (Volume 75, Number 191)]
[Rules and Regulations]
[Page 61096-61099]
[DOCID:fr04oc10-6]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0886]
RIN 1625-AA00

Regulated Navigation Area; Reserved Channel, Boston Harbor,
Boston, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a Regulated Navigation Area
(RNA) in Boston Harbor, Reserved Channel, the Boston Marine Industrial
Park and a portion of the Boston Inner Harbor shipping channel, Boston,
Massachusetts, for the offload of six cranes from the barge CHICAGO
BRIDGE to Conley Terminal in South Boston. This rule is intended to
control entry to the Reserved Channel, establish operating conditions
for those vessels allowed entry into the Reserved Channel and control
the speed of all vessels transiting within the RNA. The RNA is
necessary to protect participants and vessels from the hazards
associated with the offload of these cranes.

DATES: This rule is effective in the Code of Federal Regulations from
October 4, 2010 through November 15, 2010, and is effective with actual
notice for purposes of enforcement beginning on September 20, 2010.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0886 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0886 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Lieutenant Commander Pamela P. Garcia,
Waterways Management Division, Coast Guard; telephone<PHONE_NUMBER>, e-
mail<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. The Coast Guard was not provided with the
logistics regarding the offload operation until September 8, 2010. This
did not leave sufficient time to draft and publish an NPRM or take
public comments, making prior notice and opportunity to comment
impracticable without delaying the crane offloading. The crane
offloading benefits a public agency, the Massachusetts Port Authority
(Massport), and therefore it would be contrary to the public interest
to delay the offloading to afford prior notice and opportunity to
comment; it would also be contrary to the public interest to let the
crane offloading proceed without establishing an RNA, because this
would unnecessarily jeopardize public safety during the offloading.
    For the same reasons 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.

Basis and Purpose

    This temporary rule establishes the Reserved Channel, the Boston
Marine Industrial Park and a portion of the Boston Inner Harbor
shipping channel, Boston, Massachusetts, as a Regulated Navigation Area
while the barge CHICAGO BRIDGE conducts crane offload operations at
Conley Terminal, Berth 12, for the benefit of the Massachusetts Port
Authority, a public agency. The offload evolution requires a sea state
no greater than 1 foot. This RNA intends to control the movement of
vessels within the regulated area to a no-wake speed or bare steerage,
and have all vessels maintain a minimum distance of 100 yards in all
directions from the barge CHICAGO BRIDGE. The RNA will protect those
conducting the crane offload operation and the general maritime public
from the dangers inherent in such an evolution. The Captain of the Port
(COTP) anticipates minimal negative impact on vessel traffic due to the
implementation of this RNA. Public notifications will be made prior to
and during the enforceable period of the area via Safety Marine
Information Broadcast.

Discussion of Rule

    This RNA has been established to safeguard the maritime public
during the crane offload operation. The offload evolution is tide and
weather dependent and requires two separate 12-hour periods to
complete. These operational periods will be on two separate days, with
at least a 48 hour break in between, determined to be the most suitable
for safety to adjust equipment used to conduct the offload operations.
If circumstances dictate and other operational periods are required,
public notification will be made to the local maritime community
through Local Notice to Mariners and Safety Broadcast Notice to
Mariners.
    Due to the complexity and danger of the crane offload operation the
Reserved Channel will be closed to those vessels that do not routinely
conduct business within the Reserved Channel or maintain a permanent
mooring that requires access through the channel. Deep-draft vessels
not currently scheduled to call upon Conley terminal or Black Falcon
terminal, properties owned by Massport, from September 20, 2010 thru
November 15, 2010, must coordinate arrival schedules with Massport as
soon as possible and prior to authorization into the Reserved Channel.
Vessels transiting the RNA must do so at such a speed as to maintain
bare steerage or not cause a wake. Vessels transiting the Reserved
Channel must also maintain a minimum distance of 100 yards in all
directions from the barge CHICAGO BRIDGE.
    The barge must be moored perpendicular to Conley terminal for
offload, thus partially blocking the entrance to the Reserved Channel
to deep-draft vessels. The offload will be coordinated around the
dynamic schedules of surrounding deep-draft vessels to provide for
limited disruption to the maritime industry. Prior to the offload of
the cranes, the Coast Guard will be provided with proposed dates and
times for approval, which will determine the RNA enforcement period.
The RNA enforcement period will be announced via Safety Marine
Information Broadcast. There will be a picket vessel within the RNA to
provide notice of the RNA as well as to control vessel speed, vessel
access to the Reserved Channel and to prevent any vessel not involved
in the crane offload evolution from approaching to within 100 yards of
the barge CHICAGO BRIDGE.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    The Coast Guard has determined that this rule is not a significant
regulatory action for the following reasons: The RNA will be of limited
duration, it covers only a small portion of the navigable waterway and
vessel traffic can still transit within the RNA but at slow speed so as
not to create a wake that would disrupt offload operations.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 for the following reasons. This rule will be enforced only for
two 12-hour periods, vessels will be able to continue to use the Boston
Inner Harbor and the waters surrounding the Boston Marine Industrial
Marine Park at such a speed as to maintain bare steerage or not cause a
wake, and those vessels that routinely use the Reserved Channel will be
able to continue to do so by passing safely around the barge CHICAGO
BRIDGE at a minimum distance of 100 yards and at such a speed as to not
cause a wake or maintain bare steerage. Before and during the
enforcement periods, we will issue maritime advisories to users of
Boston Harbor via the on-scene picket vessel as well as through Safety
Marine Information Broadcasts.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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.

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction as this rule involves establishing a temporary RNA.
    An environmental analysis checklist and a categorical exclusion
determination will be available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec.  165.T01-0886 to read as follows:

Sec.  165.T01-0886  Regulated Navigation Areas: Reserved Channel,
Boston Harbor, Boston, MA

    (a) Location. The following areas are Regulated Navigation Areas
(RNAs):
    (1) All waters of the Reserved Channel, the Boston Marine
Industrial Park and that portion of Boston Inner Harbor south of a line
running from the North Jetty, at position 42[deg]20'49'' N,
71[deg]01'23.6'' W, to Boston Main Channel Lighted Buoy 12 (LLNR
10920), and west of a line running from Boston Main Channel Lighted
buoy 12 to Boston Main Channel Lighted buoy 8 (LLNR 10905), and north
of a line running from Boston Main Channel Lighted buoy 8 to Castle
Island at position 42[deg]20'21.1'' N, 71[deg]00'35.1'' W.
    (2) Boston Harbor, Boston, Massachusetts, from surface to bottom
while barge CHICAGO BRIDGE is involved in offload operations.
    (b) Effective Period. This rule is effective from September 20,
2010, thru November 15, 2010.
    (c) Enforcement Period. This rule will be enforced during two
separate 12-hour operational periods to be announced no less than 24
hours in advance via a Safety Marine Information Broadcast. If
circumstances dictate and other operational periods are required,
public notification will be made to the local maritime community
through Local Notice to Mariners and Safety Broadcast Notice to
Mariners.
    (d) Definition. As used in this section, ``authorized
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel or a Federal, State, or local officer designated by or
assisting the COTP.
    (e) Regulations. The following restrictions apply to the two 12-
hour operational periods during which the RNA will be enforced:
    (1) Vessels must transit through the RNA at such a speed as to not
cause a wake or maintain bare steerage;
    (2) Vessels that do not routinely conduct business within the
Reserved Channel or maintain a permanent mooring which requires access
through the Reserved Channel are not authorized within that portion of
the RNA that lies within the Reserved Channel;
    (3) Deep-draft vessels not currently scheduled to call upon Conley
terminal or Black Falcon terminal from September 20, 2010 thru November
15, 2010 must coordinate arrival schedules with the Massachusetts Port
Authority as soon as possible and prior to

authorization into that portion of the RNA that lies within the
Reserved Channel; and
    (4) Vessels allowed to transit the Reserved Channel must maintain a
minimum distance of 100 yards in all directions from barge CHICAGO
BRIDGE.

    Dated: September 17, 2010.
Daniel A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2010-24773 Filed 10-1-10; 8:45 am]
BILLING CODE 9110-04-P