[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Notices]
[Pages 26486-26488]
[FR Doc No: 2019-11798]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85981; File No. SR-FINRA-2019-016]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Extend the Implementation of FINRA Rule 4240
(Margin Requirements for Credit Default Swaps)

May 31, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 21, 2019, the Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by FINRA. FINRA has
designated the proposed rule change as constituting a ``non-
controversial'' rule change under paragraph (f)(6) of Rule 19b-4 under
the Act,\3\ which renders the proposal effective upon receipt of

this filing by the Commission. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to extend to July 20, 2020 the implementation of
FINRA Rule 4240. FINRA Rule 4240 implements an interim pilot program
with respect to margin requirements for certain transactions in credit
default swaps that are security based swaps.
    The text of the proposed rule change is available on FINRA's
website at http://www.finra.org, at the principal office of FINRA and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    On May 22, 2009, the Commission approved FINRA Rule 4240,\4\ which
implements an interim pilot program (the ``Interim Pilot Program'')
with respect to margin requirements for certain transactions in credit
default swaps (``CDS'').\5\ On June 11, 2018, FINRA filed a proposed
rule change for immediate effectiveness extending the implementation of
FINRA Rule 4240 to July 18, 2019.\6\
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    \4\ See Securities Exchange Act Release No. 59955 (May 22,
2009), 74 FR 25586 (May 28, 2009) (Order Approving File No. SR-
FINRA-2009-012) (``Approval Order'').
    \5\ In March 2012, the SEC approved amendments to FINRA Rule
4240 that, among other things, limit at this time the rule's
application to credit default swaps that are security-based swaps.
See Securities Exchange Act Release No. 66527 (March 7, 2012), 77 FR
14850 (March 13, 2012) (Order Approving File No. SR-FINRA-2012-015).
    \6\ See Securities Exchange Act Release No. 83474 (June 20,
2018), 83 FR 29840 (June 26, 2018) (Notice of Filing and Immediate
Effectiveness of File No. SR-FINRA-2018-025).
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    As explained in the Approval Order, FINRA Rule 4240, coterminous
with certain Commission actions, was intended to address concerns
arising from systemic risk posed by CDS, including, among other things,
risks to the financial system arising from the lack of a central
clearing counterparty to clear and settle CDS.\7\ On July 21, 2010, the
Dodd-Frank Wall Street Reform and Consumer Protection Act (the ``Dodd-
Frank Act'') was signed into law.\8\ Title VII of the Dodd-Frank Act
established a comprehensive new regulatory framework for swaps and
security-based swaps,\9\ including certain CDS. The legislation was
intended, among other things, to enhance the authority of regulators to
implement new rules designed to reduce risk, increase transparency, and
promote market integrity with respect to such products.
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    \7\ See Approval Order, 74 FR at 25588-89.
    \8\ See Dodd-Frank Wall Street Reform and Consumer Protection
Act, Public Law 111-203, 124 Stat. 1376 (2010).
    \9\ The terms ``swap'' and ``security-based swap'' are defined
in Sections 721 and 761 of the Dodd-Frank Act. The Commodity Futures
Trading Commission (``CFTC'') and the Commission jointly have
approved rules to further define these terms. See Securities
Exchange Act Release No. 67453 (July 18, 2012), 77 FR 48208 (August
13, 2012) (Joint Final Rule; Interpretations; Request for Comment on
an Interpretation: Further Definition of ``Swap,'' ``Security-Based
Swap,'' and ``Security-Based Swap Agreement''; Mixed Swaps;
Security-Based Swap Agreement Recordkeeping). See also Securities
Exchange Act Release No. 66868 (April 27, 2012), 77 FR 30596 (May
23, 2012) (Joint Final Rule; Joint Interim Final Rule;
Interpretations: Further Definition of ``Swap Dealer,'' ``Security-
Based Swap Dealer,'' ``Major Swap Participant,'' ``Major Security-
Based Swap Participant'' and ``Eligible Contract Participant'').
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    The Commission and the CFTC have proposed or adopted rules with
respect to swaps and security-based swaps pursuant to Title VII of the
Dodd-Frank Act.\10\ FINRA believes it is appropriate to extend the
Interim Pilot Program for a limited period, to July 20, 2020, in light
of the continuing development of the CDS business and ongoing
regulatory developments. FINRA is considering proposing additional
amendments to the Interim Pilot Program.
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    \10\ See, e.g., Securities Exchange Act Release No. 84991
(January 25, 2019), 84 FR 863 (January 31, 2019) (Order Granting a
Limited Exemption From the Exchange Act Definition of ``Penny
Stock'' for Security-Based Swap Transactions Between Eligible
Contract Participants; Granting a Limited Exemption From the
Exchange Act Definition of ``Municipal Securities'' for Security-
Based Swaps; and Extending Certain Temporary Exemptions Under the
Exchange Act in Connection With the Revision of the Definition of
``Security'' To Encompass Security-Based Swaps); Securities Exchange
Act Release No. 68071 (October 18, 2012), 77 FR 70214 (November 23,
2012) (Proposed Rule: Capital, Margin, and Segregation Requirements
for Security-Based Swap Dealers and Major Security-Based Swap
Participants and Capital Requirements for Broker-Dealers). See also
Securities Exchange Act Release No. 71958 (April 17, 2014), 79 FR
25194 (May 2, 2014) (Proposed Rule: Recordkeeping and Reporting
Requirements for Security-Based Swap Dealers, Major Security-Based
Swap Participants, and Broker-Dealers; Capital Rule for Certain
Security-Based Swap Dealers).
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    FINRA has filed the proposed rule change for immediate
effectiveness. FINRA is proposing that the implementation date of the
proposed rule change will be July 18, 2019. The proposed rule change
will expire on July 20, 2020.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\11\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change is
consistent with the Act because, in light of the continuing development
of the CDS business and ongoing regulatory developments, extending the
implementation of the margin requirements as set forth by FINRA Rule
4240 will help to stabilize the financial markets.
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    \11\ 15 U.S.C. 78o-3(b)(6).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. FINRA believes that extending
the implementation of FINRA Rule 4240 for a limited period, to July 20,
2020, in light of the continuing development of the CDS business and
ongoing regulatory developments, helps to promote stability in the
financial markets and regulatory certainty for members.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has

become effective pursuant to Section 19(b)(3)(A) of the Act \12\ and
Rule 19b-4(f)(6) thereunder.\13\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, as required under Rule
19b-4(f)(6)(iii), FINRA provided the Commission with written notice
of its intent to file the proposed rule change, along with a brief
description and the text of the proposed rule change, at least five
business days prior to the date of the filing of the proposed rule
change, or such shorter time as designated by the Commission.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2019-016 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2019-016. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of such filing also will be available for inspection and
copying at the principal office of FINRA. All comments received will be
posted without change. Persons submitting comments are cautioned that
we do not redact or edit personal identifying information from comment
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
FINRA-2019-016 and should be submitted on or before June 27, 2019.
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    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-11798 Filed 6-5-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Notices]
[Pages 53173-53176]
[FR Doc No: 2015-21739]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2015-0001]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final notice.

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SUMMARY: New or modified Base (1-percent annual chance) Flood
Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA)
boundaries or zone designations, and/or regulatory floodways
(hereinafter referred to as flood hazard determinations) as shown on
the indicated Letter of Map Revision (LOMR) for each of the communities
listed in the table below are finalized. Each LOMR revises the Flood
Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance
Study (FIS) reports, currently in effect for the listed communities.
The flood hazard determinations modified by each LOMR will be used to
calculate flood insurance premium rates for new buildings and their
contents.

DATES: The effective date for each LOMR is indicated in the table
below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at www.msc.fema.gov.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and 90 days have elapsed since that publication.
The Deputy Associate Administrator for Mitigation has resolved any
appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4105, and are in accordance with the National Flood Insurance Act of
1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The new or modified flood hazard information is the basis for the
floodplain management measures that the community is required either to
adopt or to show evidence of being already in effect in order to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    This new or modified flood hazard information, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities.
    This new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP and also are used to
calculate the appropriate flood insurance premium rates for new
buildings, and

for the contents in those buildings. The changes in flood hazard
determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at www.msc.fema.gov.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: August 10, 2015.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

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                                                               Chief executive officer       Community map            Effective date of        Community
          State and county             Location and case No.        of  community              repository                modification             No.
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Alabama:
    Jefferson (FEMA Docket No.: B-    City of Birmingham (14-  The Honorable William    Planning and             Jul. 20, 2015..............      010116
     1514).                            04-9133P).               A. Bell, Sr., Mayor,     Engineering
                                                                City of Birmingham,      Department, 710 North
                                                                710 North 20th Street,   20th Street,
                                                                Birmingham, AL 35203.    Birmingham, AL 35203.
    Jefferson (FEMA Docket No.: B-    City of Irondale (14-04- The Honorable Tommy J.   City Hall, 101 20th      Jul. 20, 2015..............      010124
     1514).                            9133P).                  Alexander, Mayor, City   Street South,
                                                                of Irondale, P.O. Box    Irondale, AL 35210.
                                                                100188, Irondale, AL
                                                                35210.
    Jefferson (FEMA Docket No.: B-    City of Mountain Brook   The Honorable Lawrence   City Hall, 3928          Jul. 20, 2015..............      010128
     1514).                            (14-04-9133P).           T. Oden, Mayor, City     Montclair Road,
                                                                of Mountain Brook,       Mountain Brook, AL
                                                                P.O. Box 130009,         35213.
                                                                Mountain Brook, AL
                                                                35213.
    Alabama: Jefferson (FEMA Docket   Unincorporated areas of  The Honorable Jimmie     Jefferson County Land    Jul. 20, 2015..............      010217
     No.: B-1514).                     Jefferson County (14-    Stephens, Chairman,      Development
                                       04-9133P).               Jefferson County         Department, 716
                                                                Commission, 716          Richard Arrington Jr.
                                                                Richard Arrington Jr.    Boulevard North,
                                                                Boulevard North,         Birmingham, AL 35203.
                                                                Birmingham, AL 35203.
    Washington (FEMA Docket No.: B-   Town of McIntosh (15-04- The Honorable Wilbert    Town Hall, 206 Commerce  Jul. 27, 2015..............      010525
     1514).                            1284P).                  Dixon, Mayor, Town of    Street, McIntosh, AL
                                                                McIntosh, P.O. Box       36553.
                                                                351, McIntosh, AL
                                                                36553.
    Washington (FEMA Docket No.: B-   Unincorporated areas of  The Honorable Allen      Washington County        Jul. 27, 2015..............      010302
     1514).                            Washington County (15-   Bailey, Chairman,        Engineering
                                       04-1284P).               Washington County        Department, 45 Court
                                                                Board of                 Street, Chatom, AL
                                                                Commissioners, P.O.      36518.
                                                                Box 146, Chatom, AL
                                                                36518.
Arkansas: Benton (FEMA Docket No.: B- City of Rogers (14-06-   The Honorable Greg       City Hall, 301 West      Jul. 6, 2015...............      050013
 1509).                                2125P).                  Hines, Mayor, City of    Chestnut Street,
                                                                Rogers, 301 West         Rogers, AR 72756.
                                                                Chestnut Street,
                                                                Rogers, AR 72756.
Colorado: El Paso (FEMA Docket No.:   City of Colorado         The Honorable Steve      City Administration, 30  Jul. 27, 2015..............      080060
 B-1514).                              Springs (15-08-0177P).   Bach, Mayor, City of     South Nevada Avenue,
                                                                Colorado Springs, 30     Colorado Springs, CO
                                                                South Nevada Avenue,     80903.
                                                                Colorado Springs, CO
                                                                80903.
Florida:
    Manatee (FEMA Docket No.: B-      City of Bradenton (15-   The Honorable Wayne H.   City Hall, 101 Old Main  Jul. 14, 2015..............      120155
     1514).                            04-1364P).               Poston, Mayor, City of   Street West,
                                                                Bradenton, 101 Old       Bradenton, FL 34205.
                                                                Main Street West,
                                                                Bradenton, FL 34205.
    Manatee (FEMA Docket No.: B-      Unincorporated areas of  The Honorable Betsy      Manatee County Building  Jul. 14, 2015..............      120153
     1514).                            Manatee County (15-04-   Benac, Chair, Manatee    and Development,
                                       1364P).                  County Board of          Services Department,
                                                                Commissioners, P.O.      1112 Manatee Avenue
                                                                Box 1000, Bradenton,     West, Bradenton, FL
                                                                FL 34206.                34205.
    Monroe (FEMA Docket No.: B-1514)  Unincorporated areas of  The Honorable Danny      Monroe County,           Jul. 14, 2015..............      125129
                                       Monroe County (15-04-    Kolhage, Mayor, Monroe   Department of Planning
                                       1517P).                  County, 1100 Simonton    and Environmental
                                                                Street, Key West, FL     Resources, 2798
                                                                33040.                   Overseas Highway,
                                                                                Marathon, FL 33050.
    St. Johns (FEMA Docket No.: B-    Unincorporated areas of  The Honorable Rachael    St. Johns County         Jul. 15, 2015..............      125147
     1514).                            St. Johns County (14-    L. Bennett, Chair, St.   Administration, 4040
                                       04-A710P).               Johns County Board of    Lewis Speedway, St.
                                                                Commissioners, 500 San   Augustine, FL 32084.
                                                                Sebastian View, St.
                                                                Augustine, FL 32084.

Georgia: Cobb (FEMA Docket No.: B-    Unincorporated areas of  The Honorable Tim Lee,   Cobb County Water        Jul. 13, 2015..............      130052
 1514).                                Cobb County (14-04-      Chairman, Cobb County    System, 680 South Cobb
                                       6997P).                  Board of                 Drive, Marietta, GA
                                                                Commissioners, 100       30060.
                                                                Cherokee Street,
                                                                Marietta, GA 30090.
Kentucky: Fayette (FEMA Docket No.:   Lexington-Fayette Urban  The Honorable Jim Gray,  Lexington-Fayette Urban  Jul. 21, 2015..............      210067
 B-1514).                              County Government (14-   Mayor, Lexington-        County Government
                                       04-2813P).               Fayette Urban County     Center, 200 East Main
                                                                Government, 200 East     Street, 12th Floor,
                                                                Main Street,             Lexington, KY 40507.
                                                                Lexington, KY 40507.
Texas:
    Bell (FEMA Docket No.: B-1516)..  City of Killeen (14-06-  The Honorable Scott      Building and             Jul. 9, 2015...............      480031
                                       4047P).                  Cosper, Mayor, City of   Inspections Division,
                                                                Killeen, P.O. Box        100 East Avenue C
                                                                1329, Killeen, TX        Killeen, TX 76541.
                                                                76540.
    Bell (FEMA Docket No.: B-1516)..  City of Nolanville (14-  The Honorable Dennis     City Hall, 101 North     Jul. 13, 2015..............      480032
                                       06-2754P).               Biggs, Mayor, City of    5th Street,
                                                                Nolanville, P.O. Box     Nolanville, TX 76559.
                                                                128, Nolanville, TX
                                                                76559.
    Bell (FEMA Docket No.: B-1509)..  City of Temple (13-06-   The Honorable Danny      City Hall, 3210 East     Jul. 13, 2015..............      480034
                                       3510P).                  Dunn, Mayor, City of     Avenue H, Building A,
                                                                Temple, 2 North Main     Suite 107, Temple, TX
                                                                Street, Suite 103,       76501.
                                                                Temple, TX 76501.
    Bell (FEMA Docket No.: B-1516)..  Unincorporated areas of  The Honorable Jon. H.    Bell County Engineer's   Jul. 9, 2015...............      480706
                                       Bell County (14-06-      Burrows, Bell County     Office, 206 North Main
                                       4047P).                  Judge, P.O. Box 768,     Steet, Belton, TX
                                                                Belton, TX 76513.        76513.
    Bexar (FEMA Docket No.: B-1516).  City of San Antonio (14- The Honorable Ivy R.     Transportation and       Jul. 28, 2015..............      480045
                                       06-3050P).               Taylor, Mayor, City of   Capital Improvements
                                                                San Antonio, P.O. Box    Department, Stormwater
                                                                839966, San Antonio,     Division, 1901 South
                                                                TX 78283.                Alamo Street, 2nd
                                                                                Floor, San Antonio, TX
                                                                                78204.
    Bexar (FEMA Docket No.: B-1516).  City of San Antonio (14- The Honorable Ivy R.     Transportation and       Jul. 16, 2015..............      480045
                                       06-3615P).               Taylor, Mayor, City of   Capital Improvements
                                                                San Antonio, P.O. Box    Department, Stormwater
                                                                839966, San Antonio,     Division, 1901 South
                                                                TX 78283.                Alamo Street, 2nd
                                                                                Floor, San Antonio, TX
                                                                                78204.
    Bexar (FEMA Docket No.: B-1516).  City of San Antonio (15- The Honorable Ivy R.     Transportation and       Jul. 27, 2015..............      480045
                                       06-0336P).               Taylor, Mayor, City of   Capital Improvements
                                                                San Antonio, P.O. Box    Department, Stormwater
                                                                839966, San Antonio,     Division, 1901 South
                                                                TX 78283.                Alamo Street, 2nd
                                                                                Floor, San Antonio, TX
                                                                                78204.
    Bexar (FEMA Docket No.: B-1516).  Unincorporated areas of  The Honorable Nelson W.  Bexar County Public      Jul. 27, 2015..............      480035
                                       Bexar County (15-06-     Wolff, Bexar County      Works Department, 233
                                       0336P).                  Judge, Paul Elizondo     North Pecos-La
                                                                Tower, 101 West Nueva    Trinidad Street, Suite
                                                                Street, 10th Floor,      420, San Antonio, TX
                                                                San Antonio, TX 78205.   78207.
    Fort Bend (FEMA Docket No.: B-    City of Richmond (15-06- The Honorable Evalyn W.  City Hall, 402 Morton    Jul. 9, 2015...............      480231
     1509).                            0769P).                  Moore, Mayor, City of    Street, Richmond, TX
                                                                Richmond, 402 Morton     77469.
                                                                Street, Richmond, TX
                                                                77469.
    Fort Bend (FEMA Docket No.: B-    Pecan Grove Municipal    Mr. Chad Howard,         Pecan Grove Municipal    Jul. 9, 2015...............      481486
     1509).                            Utility District (15-    President, Pecan Grove   Utility District,
                                       06-0769P).               Municipal Utility        Jones and Carter
                                                                District, Allen Boone    Engineering, 6335
                                                                Humphries Robinson       Gulfton Drive, Suite
                                                                LLP, 3200 Southwest      200, Houston, TX 77081.
                                                                Freeway, Suite 2600,
                                                                Houston, TX 77027.
    Harris (FEMA Docket No.: B-1516)  Unincorporated areas of  The Honorable Edward M.  Harris County Permit     Jul. 13, 2015..............      480287
                                       Harris County (14-06-    Emmett, Harris County    Office, 10555
                                       2578P).                  Judge, 1001 Preston      Northwest Freeway,
                                                                Street, Suite 911,       Suite 120, Houston, TX
                                                                Houston, TX 77002.       77092.

    Parker (FEMA Docket No.: B-1516)  City of Weatherford (15- The Honorable Dennis     Utility Department       Jul. 23, 2015..............      480522
                                       06-0035P).               Hooks, Mayor, City of    Service Center, 917
                                                                Weatherford 303 Palo     Eureka Street,
                                                                Pinto Street,            Weatherford, TX 78086.
                                                                Weatherford, TX 76086.
    Rockwall (FEMA Docket No.: B-     City of Rockwall (14-06- The Honorable Jim        Engineering Department,  Jul. 13, 2015..............      480547
     1516).                            4684P).                  Pruitt, Mayor, City of   385 South Goliad
                                                                Rockwall, 385 South      Street, Rockwall, TX
                                                                Goliad Street,           75087.
                                                                Rockwall, TX 75087.
    Tarrant (FEMA Docket No.: B-      City of Fort Worth (14-  The Honorable Betsy      City Hall, 1000          Jul. 29, 2015..............      480596
     1516).                            06-3505P).               Price, Mayor, City of    Throckmorton Street,
                                                                Fort Worth, 1000         Fort Worth, TX 76102.
                                                                Throckmorton Street,
                                                                Fort Worth, TX 76102.
    Tarrant (FEMA Docket No.: B-      City of Keller (14-06-   The Honorable Mark       Public Works             Jul. 6, 2015...............      480602
     1509).                            4310P).                  Mathews, Mayor, City     Department, 1100 Bear
                                                                of Keller, P.O. Box      Creek Parkway, Keller,
                                                                770, Keller, TX 76244.   TX 76248.
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[FR Doc. 2015-21739 Filed 9-1-15; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register: July 9, 2009 (Volume 74, Number 130)]
[Notices]
[Page 32909-32910]
[DOCID:fr09jy09-56]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2244-022]

Energy Northwest; Notice of Availability of Final Environmental
Assessment

July 1, 2009.
    In accordance with the National Environmental Policy Act (NEPA) of
1969 and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380 (Order No. 486, 52 FR 47879), the Office
of Energy Projects has reviewed the application for a new major license
for the

Packwood Lake Hydroelectric Project (project), located on Lake Creek in
Lewis County, Washington, and has prepared a final Environmental
Assessment (EA). In the final EA, Commission staff analyze the
potential environmental effects of licensing the project and conclude
that issuing a license for the project, with appropriate environmental
measures, would not constitute a major federal action significantly
affecting the quality of the human environment.
    A copy of the final EA is on file with the Commission and is
available for public inspection. The final EA may also be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-16161 Filed 7-8-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 98 (Wednesday, May 20, 2020)]
[Notices]
[Pages 30696-30697]
[FR Doc No: 2020-10898]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2020-0262; FRL-10008-21]

Agency Information Collection Activities; Proposed Renewal of an
Existing Collection (EPA ICR No. 1246.14 and OMB Control No. 2070-
0072); Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this
document announces that EPA is planning to submit an Information
Collection Request (ICR) to the Office of Management and Budget (OMB).
The ICR, entitled: ``Reporting and Recordkeeping for Asbestos Abatement
Worker Protection'' and identified by EPA ICR No. 1246.14 and OMB
Control No. 2070-0072, represents the renewal of an existing ICR that
is scheduled to expire on December 31, 2020. Before submitting the ICR
to OMB for review and approval, EPA is soliciting comments on specific
aspects of the proposed information collection that is summarized in
this document. The ICR and accompanying material are available in the
docket for public review and comment.

DATES: Comments must be received on or before July 20, 2020.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OPPT-
2020-0262, using the Federal eRulemaking Portal at http://www.regulations.gov. Follow the online instructions for submitting
comments. Do not submit electronically any information you consider to
be Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Please note that due to the public
health emergency the EPA Docket Center (EPA/DC) and Reading Room was
closed to public visitors on March 31, 2020. There is also a temporary
suspension of mail delivery to EPA and no hand deliveries are currently
accepted. Our EPA/DC staff will continue to provide customer service
via email, phone, and webform. For further information on EPA/DC
services, docket contact information and the current status of the EPA/
DC and Reading Room, please visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Sarah Cox, National Program Chemicals
Division, Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What information is EPA particularly interested in?

    Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)),
EPA specifically solicits comments and information to enable it to:
    1. Evaluate 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.
    2. Evaluate the accuracy of the Agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to
be collected.
    4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

II. What information collection activity or ICR does this action apply
to?

    Title: Reporting and Recordkeeping for Asbestos Abatement Worker
Protection.
    EPA ICR number: EPA ICR No. 1246.14.
    OMB control number: OMB Control No. 2070-0072.
    ICR status: This ICR is currently approved through December 31,
2020. 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 OMB control number. The OMB control numbers for EPA
regulations in title 40 of the Code of Federal Regulations (CFR) are
displayed either by publication in the Federal Register or by other
appropriate means, such as on the related collection instrument or
form, if applicable. The display of OMB control numbers for certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: This ICR covers reporting and recordkeeping requirements
associated with EPA's Asbestos Worker Protection Rule (WPR) (40 CFR
part 763, subpart G), which establishes workplace standards for the
protection of state and local government employees who work with
asbestos and who are not covered by a state plan approved by the
Occupational Safety and Health Administration (OSHA). Currently, state
and local government employees in 24 states, the District of Columbia
(DC), and three additional U.S. territories (DC and the territories are
counted as one ``state equivalent'') who perform construction work,
including building construction, renovation, demolition, and
maintenance activities, and employees who perform brake and clutch
repair work, are covered by EPA's WPR. The WPR requires state and local
government employers to use engineering controls and appropriate work
practices to control the release of asbestos fibers. Covered employers
must also monitor employee exposure to asbestos and provide employees
with personal protective equipment, training, and medical surveillance
to reduce the risk of asbestos exposure. Exposure monitoring records
must be maintained for 30 years, medical surveillance records for the
duration of employment of the affected employees plus 30 years, and
training records for the duration of employment plus one year.
Employers must also establish written respiratory protection programs
and maintain procedures and records of respirator fit tests for one
year.

    The ICR, which is available in the docket along with other related
materials, provides a detailed explanation of the collection activities
and the burden estimate that is only briefly summarized here:
    Respondents/affected entities: States and local government
employers in the 24 states, DC, and the U.S. territories of American
Samoa, Guam, and the Northern Mariana Islands that have employees
engaged in asbestos-related construction, custodial, and brake and
clutch repair activities without OSHA-approved state plans.
    Estimated total number of potential respondents: 25,312.
    Frequency of response: On occasion.
    Estimated total annual burden: 372,969 hours. Burden is defined at
5 CFR 1320.3(b).
    Estimated total annual burden costs: $16,894,178, includes no
annualized capital investment or maintenance and operational costs.

III. Are there changes in the estimates from the last approval?

    There was no change from the burden hours from the last approval.
Estimated annual burden hour costs showed an increase of $1,00,000 due
to increasing wage rates.

IV. What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. EPA will issue another
Federal Register document pursuant to 5 CFR 1320.5(a)(1)(iv) to
announce the submission of the ICR to OMB and the opportunity to submit
additional comments to OMB. If you have any questions about this ICR or
the approval process, please contact the person listed under FOR
FURTHER INFORMATION CONTACT.

    Authority:  44 U.S.C. 3501 et seq.

    Dated: May 8, 2020.
Alexandra Dapolito Dunn,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2020-10898 Filed 5-19-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: January 29, 2009 (Volume 74, Number 18)]
[Notices]
[Page 5165]
[DOCID:fr29ja09-56]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2009-N-0664]

Arthritis Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Arthritis Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on March 5, 2009, from 8:30
a.m. to 4:00 p.m.
    Location: Hilton Washington DC/Silver Spring, The Ballrooms, 8727
Colesville Rd., Silver Spring, MD. The hotel telephone number is 301-
589-5200.
    Contact Person: Nicole Vesely, Center for Drug Evaluation and
Research (HFD-21), Food and Drug Administration, 5600 Fishers Lane (for
express delivery, 5630 Fishers Lane, rm. 1093), Rockville, MD 20857,
301-827-6793, fax:<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>or
FDA Advisory Committee Information Line, 1-800-741-8138<PHONE_NUMBER>
in the Washington, DC area), code<PHONE_NUMBER>. Please call the
Information Line for up-to-date information on this meeting. A notice
in the Federal Register about last minute modifications that impact a
previously announced advisory committee meeting cannot always be
published quickly enough to provide timely notice. Therefore, you
should always check the agency's Web site and call the appropriate
committee hot line/phone line to learn about possible modifications
before coming to the meeting.
    Agenda: The committee will discuss biologics license application
(BLA) 125293, pegloticase, Savient Pharmaceuticals, Inc., as a therapy
for patients with treatment failure gout.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/ohrms/dockets/ac/acmenu.htm, click on
the year 2009 and scroll down to the appropriate advisory committee
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
February 19, 2009. Oral presentations from the public will be scheduled
between approximately 1 p.m. to 2 p.m. Those desiring to make formal
oral presentations should notify the contact person and submit a brief
statement of the general nature of the evidence or arguments they wish
to present, the names and addresses of proposed participants, and an
indication of the approximate time requested to make their presentation
on or February 10, 2009. Time allotted for each presentation may be
limited. If the number of registrants requesting to speak is greater
than can be reasonably accommodated during the scheduled open public
hearing session, FDA may conduct a lottery to determine the speakers
for the scheduled open public hearing session. The contact person will
notify interested persons regarding their request to speak by February
11, 2009.
    Persons attending FDA's advisory committee meetings are advised
that the agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Nicole Vesely at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/oc/advisory/
default.htm for procedures on public conduct during advisory committee
meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C.app. 2).

    Dated: January 21, 2009.
Randall W. Lutter,
Deputy Commissioner for Policy.
[FR Doc. E9-1820 Filed 1-28-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register: February 28, 2007 (Volume 72, Number 39)]
[Notices]
[Page 9031-9033]
[DOCID:fr28fe07-94]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0041]

Southwest Research Institute; Renewal and Expansion of
Recognition

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

ACTION: Notice.

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SUMMARY: This notice announces the Occupational Safety and Health
Administration's final decision renewing and expanding the recognition
of Southwest Research Institute (SWRI) as a Nationally Recognized
Testing Laboratory under 29 CFR 1910.7.

DATES: The renewal and expansion of recognition become effective on
February 28, 2007.

FOR FURTHER INFORMATION CONTACT: MaryAnn Garrahan, Director, Office of
Technical Programs and Coordination Activities, NRTL Program,
Occupational Safety and Health Administration, U.S.

Department of Labor, 200 Constitution Avenue, NW., Room N-3655,
Washington, DC 20210, or phone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Notice of Final Decision

    The Occupational Safety and Health Administration (OSHA) hereby
gives notice of the renewal and expansion of recognition of Southwest
Research Institute (SWRI) as a Nationally Recognized Testing Laboratory
(NRTL). SWRI's expansion covers the use of an additional test standard,
while the SWRI renewal covers its existing scope of recognition. OSHA's
current scope of recognition for SWRI may be found in the following
informational Web page: http://www.osha.gov/dts/otpca/nrtl/swri.html.

    OSHA recognition of an NRTL signifies that the organization has met
the legal requirements in Section 1910.7 of Title 29, Code of Federal
Regulations (29 CFR 1910.7). Recognition is an acknowledgment that the
organization can perform independent safety testing and certification
of the specific products covered within its scope of recognition and is
not a delegation or grant of government authority. As a result of
recognition, employers may use products properly approved by the NRTL
to meet OSHA standards that require testing and certification.
    The Agency processes applications by an NRTL for initial
recognition or for expansion or renewal of this recognition following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the Agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding and, in the second
notice, the Agency provides its final decision on the application.
These notices set forth the NRTL's scope of recognition or
modifications of that scope. We maintain an informational Web page for
each NRTL that details its scope of recognition. These pages can be
accessed from our Web site at http://www.osha.gov/dts/otpca/nrtl/index.html
.

    SWRI initially received OSHA recognition as an NRTL on July 13,
1993 (58 FR 37752), for a five-year period ending on July 13, 1998.
Appendix A to 29 CFR 1910.7 stipulates that the period of recognition
of an NRTL is five years and that an NRTL may renew its recognition by
applying not less than nine months, nor more than one year, before the
expiration date of its current recognition. NRTLs submitting requests
within this allotted time period retain their recognition during OSHA's
renewal process. SWRI submitted the required application and received
its first renewal of recognition on March 9, 1999 (64 FR 11503), for
the five-year period ending March 9, 2004. SWRI then submitted a
request dated June 4, 2003 (see Exhibit 14), to renew its recognition
again. This request fell within the allotted time period, and SWRI
retained its recognition pending OSHA's final decision in the renewal
process.
    In its June 4, 2003, application, the NRTL included an earlier
request to expand its recognition to include three additional test
standards, but then eliminated two of these standards from its request.
The NRTL Program staff determined that the remaining standard is an
``appropriate test standard'' within the meaning of 29 CFR 1910.7(c).
Therefore, OSHA is approving this one additional test standard for the
expansion. For the renewal, the Agency is approving the 11 test
standards currently in SWRI's scope. In connection with the renewal,
NRTL Program staff assessed the NRTL's facilities in April 2005 and
recommended renewal of the SWRI recognition in a memo dated August 31,
2005 (see Exhibit 14-1). The assessor had previously recommended
approval of the additional standard (also see Exhibit 14-1), but the
expansion was deferred pending SWRI's decision regarding the two
standards it eliminated.
    The preliminary notice announcing the renewal/expansion application
was published in the Federal Register on October 6, 2006 (71 FR 59133).
Comments were requested by October 23, 2006, but no comments were
received in response to this notice. OSHA is now proceeding with this
final notice to grant SWRI's renewal/expansion application.
    The most recent application processed by OSHA specifically related
to SWRI's recognition granted an expansion, and the final notice for
this expansion was published on November 22, 2000 (65 FR 70366). OSHA,
however, issued a notice modifying the scope of a number of NRTLs to
replace or delete withdrawn test standards (70 FR 11273, March 8,
2005). SWRI was one of those NRTLs.
    You may obtain or review copies of all public documents pertaining
to the SWRI application by contacting the Docket Office, Occupational
Safety and Health Administration, U.S. Department of Labor, 200
Constitution Avenue, NW., Room N-2625, Washington, DC, 20210. Docket
No. OSHA-2006-0041 (formerly, NRTL3-90) contains all materials in the
record concerning SWRI's recognition.
    The current address of the SWRI facility already recognized by OSHA
is: Southwest Research Institute, 6220 Culebra Road, Post Office Drawer
28510, San Antonio, TX 78228.

Final Decision and Order

    NRTL Program staff has examined the application, the assessor's
recommendations, and other pertinent information. Based upon this
examination and the assessor's recommendations, OSHA finds that SWRI
has met the requirements of 29 CFR 1910.7 for renewal and expansion of
its recognition, subject to the limitations and conditions listed
below. Pursuant to the authority in 29 CFR 1910.7, OSHA hereby renews
and expands the recognition of SWRI, subject to these limitations and
conditions.

Limitations

1. Test Standards and Site
    OSHA limits the renewal of SWRI's recognition to the one site
listed above and to testing and certification of products for
demonstration of conformance to the following test standards, each of
which OSHA has determined is an appropriate test standard, within the
meaning of 29 CFR 1910.7(c):

ASTM E2074.............................  Standard Method for Fire Tests
                                          of Door Assemblies.
UL 10A.................................  Tin-Clad Fire Doors.
UL 10B.................................  Fire Tests of Door Assemblies.
UL 94..................................  Tests for Flammability of
                                          Plastic Materials for Parts in
                                          Devices and Appliances.
UL 155.................................  Tests of Fire Resistance of
                                          Vault and File Room Doors.
UL 162.................................  Foam Equipment and Liquid
                                          Concentrates.
UL 555.................................  Fire Dampers.
UL 711.................................  Rating and Fire Testing of Fire
                                          Extinguishers.
UL 1887................................  Fire Test of Plastic Sprinkler
                                          Pipe for Visible Flame and
                                          Smoke Characteristics.
UL 2085................................  Protected Aboveground Tanks for
                                          Flammable and Combustible
                                          Liquids.
UL 60950...............................  Information Technology
                                          Equipment.

    Additionally, OSHA limits the expansion of SWRI's recognition to
testing and certification of products for demonstration of conformance
to the following test standard, which also is an appropriate test
standard, as previously noted: UL 525 Flame Arresters.

    The designations and titles of all of the above test standards were
current at the time of the preparation of the preliminary notice.
    OSHA's recognition of SWRI, or any NRTL, for a particular test
standard is limited to equipment or materials (i.e., products) for
which OSHA standards require third-party testing and certification
before use in the workplace. Consequently, if a test standard also
covers any product(s) for which OSHA does not require such testing and
certification, an NRTL's scope of recognition does not include that
product(s).
    Many UL test standards are approved as American National Standards
by the American National Standards Institute (ANSI). However, for
convenience, we use the designation of the standards developing
organization for the standard as opposed to the ANSI designation. Under
our procedures, any NRTL recognized for an ANSI-approved test standard
may use either the latest proprietary version of the test standard or
the latest ANSI version of that standard. You may contact ANSI to find
out whether or not a test standard is currently ANSI-approved.
2. Supplemental Programs
    The renewal is also limited to continued use by SWRI of the
following supplemental programs, all of which are currently in its
scope:
    Program 2: Acceptance of testing data from independent
organizations, other than NRTLs.
    Program 3: Acceptance of product evaluations from independent
organizations, other than NRTLs.
    Program 4: Acceptance of witnessed testing data.
    Program 9: Acceptance of services other than testing or evaluation
performed by subcontractors or agents.
    In developing these programs, OSHA responded to industry requests
and allowed certain of their ongoing practices to continue but in a
manner controlled by OSHA criteria. In this sense, they are special
conditions that the Agency places on an NRTL's recognition. OSHA does
not consider these programs in determining whether an NRTL meets the
requirements for recognition under 29 CFR 1910.7. However, these
programs help to define the scope of that recognition.

Conditions

    SWRI must also abide by the following conditions of the
recognition, in addition to those already required by 29 CFR 1910.7:
    OSHA must be allowed access to SWRI's facilities and records for
purposes of ascertaining continuing compliance with the terms of its
recognition and to investigate as OSHA deems necessary;
    If SWRI has reason to doubt the efficacy of any test standard it is
using under this program, it must promptly inform the test standard
developing organization of this fact and provide that organization with
appropriate relevant information upon which its concerns are based;
    SWRI must not engage in or permit others to engage in any
misrepresentation of the scope or conditions of its recognition. As
part of this condition, SWRI agrees that it will allow no
representation that it is either a recognized or an accredited
Nationally Recognized Testing Laboratory (NRTL) without clearly
indicating the specific equipment or material to which this recognition
is tied, or that its recognition is limited to certain products;
    SWRI must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
changes in its operations as an NRTL, including details;
    SWRI will meet all the terms of its recognition and will always
comply with all OSHA policies pertaining to this recognition; and
    SWRI will continue to meet the requirements for recognition in all
areas where it has been recognized.

    Signed at Washington, DC, this 21st day of February, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor.
[FR Doc. E7-3440 Filed 2-27-07; 8:45 am]

BILLING CODE 4510-26-P


[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Rules and Regulations]
[Pages 63916-63918]
[FR Doc No: 2015-26962]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-0820]
RIN 1625-AA08

Special Local Regulation for Battle of Hampton; Hampton River,
Hampton, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a special local regulation on
the navigable waters of Hampton River, in the vicinity of the Crowne
Plaza Hampton Marina in Hampton, Virginia. This regulated area will
restrict vessel movement in the specified area during the revolutionary
sea battle re-enactment Battle of Hampton. This action is necessary to
provide for the safety of life and property on the surrounding
navigable waters during the re-enactment.

DATES: This rule is effective from 1 p.m. on October 24 through 1:30
p.m. on October 25, 2015. This rule will only be enforced from 1:00
p.m. to 1:30 p.m. each day.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0820 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LCDR Barbara Wilk, Waterways Management Division Chief,
Sector Hampton Roads, Coast Guard;<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule due to the short time period between event
planners notifying the Coast Guard of details concerning the event, on
August 15, 2015, and publication of this special local regulation. As
such, it is impracticable for the Coast Guard to provide a full comment
period due to lack of time. Furthermore, delaying the effective date of
this special local regulation would be contrary to the public interest
as immediate action is needed to ensure the safety of the event
participants, patrol vessels, spectator craft and other vessels
transiting the event area. The Coast Guard will provide advance
notifications to users of the affected waterway via marine information
broadcasts, local notice to mariners. This same location is used for an
annually occurring marine event, Blackbeard Festival, that is regulated
under 33 CFR 100.501, Table to Sec.  100.501, section (c) line 1, and
includes sea battle re-enactments and fireworks. The organizers wanted
to hold an additional revolutionary sea battle re-enactment closer to
the anniversary date of the actual historical battle in Hampton, VA.
This event will become an annual marine event and will be scheduled to
occur on the second to last weekend in October.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Due to the need for
immediate action, the restriction on vessel traffic is necessary to
protect life, property, and the environment; therefore, a 30-day notice
is impracticable. Delaying the effective date would be contrary to the
special local regulation intended objectives of protecting persons and
vessels, and enhancing public and maritime safety.

III. Legal Authority and Need for Rule

    On October 24 and October 25, 2015, the Hampton History Museum and
City of Hampton Parks and Recreation will sponsor the ``Battle of
Hampton'' on the waters of the Hampton River in Hampton, VA. The event
will consist of approximately four time-period vessels carrying out a
revolutionary sea battle

re-enactment on the waters of the Hampton River. As part of the sea
battle re-enactment, participants onboard the vessels will be firing
off 18th century cannons and weapons aimed towards the shoreline. To
provide for the safety of participants, spectators, support and
transiting vessels, the Coast Guard will temporarily restrict vessel
traffic in the event area during the sea battle re-enactment. The
regulation at 33 CFR 100.501 will be enforced for the duration of the
event. Under the provisions of 33 CFR 100.501, from 1 p.m. through 1:30
p.m. on October 24 and October 25, 2015, vessels may not enter the
regulated area unless they receive permission from the Coast Guard
Patrol Commander.
    This special local regulation will restrict vessel movement in the
navigable waters of the Hampton River from hazards associated with
battle re-enactments. The potential hazards to mariners within the
special local regulation include accidental shockwaves, flying debris
and loud noises.

IV. Discussion of the Rule

    The Captain of the Port of Hampton Roads will establish a special
local regulation on the waters of the Hampton River, near the Crowne
Plaza Hampton Marina, bounded by the shoreline and a line drawn from
37[deg]01'30.09'' N./076[deg]20'25.44'' W., to 37[deg]01'29.47'' N./
076[deg]20'24.24'' W., to 37[deg] 01'22.93'' N./076[deg]20'30.62'' W.,
to 37[deg]01'24.47'' N./076[deg]20'31.43'' W. (NAD 1983), in Hampton,
Virginia. This regulation will be enforced on October 24 and October
25, 2015 between the hours of 1 p.m. and 1:30 p.m. Access to the
regulated area will be restricted during the specified date and time.
    Except for vessels authorized by the Captain of the Port or his
Representative, no person or vessel may enter or remain in the
regulated area during the time frame listed. The COTP will give notice
of the enforcement of the regulated area by all appropriate means to
provide the widest dissemination of notice among the affected segments
of the public. This will include publication in the Local Notice to
Mariners and Marine Information Broadcasts.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    E.O.s 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.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the restricted area. Although
this regulation restricts access to the regulated area, the effect of
this rule will not be significant because: (i) This rule will only be
enforced for the limited size and duration of the event; and (ii) the
Coast Guard will make extensive notification to the maritime community
via marine information broadcasts so mariners may adjust their plans
accordingly.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule affects the following entities, some of which might be
small entities: the owners or operators of vessels intending to transit
or anchor in waters of the Hampton River, during the enforcement
period.
    This regulated area will not have a significant economic impact on
a substantial number of small entities for the following reasons: (i)
it will only be in effect for a limited duration, and (ii) before the
enforcement period, Sector Hampton Roads will issue maritime advisories
widely available to users of the Hampton River, allowing mariners to
adjust their plans accordingly.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a

State, local, or tribal government, in the aggregate, or by the private
sector of $100,000,000 (adjusted for inflation) or more in any one
year. Though this rule will not result in such an expenditure, we do
discuss the effects of this rule elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 implementation of regulations within 33 CFR part 100 that
apply to organized marine events on the navigable waters of the United
States that may have potential for negative impact on the safety or
other interest of waterway users and shore side activities in the event
area. The category of water activities includes but is not limited to
sailboat regattas, boat parades, power boat racing, swimming events,
crew racing, canoe and sailboard racing. It is categorically excluded
from further review under paragraph 34(h) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. In Sec.  100.501, in the Table to Sec.  100.501, under ``(c.) Coast
Guard Sector Hampton Roads--COTP Zone,'' add entry 10, effective from 1
p.m. on October 24 through 1:30 p.m. on October 25, 2015, to read as
follows:

Sec.  100.501  Special Local Regulations; Marine Events in the Fifth
Coast Guard District.

* * * * *

                                             Table to Sec.   100.501
----------------------------------------------------------------------------------------------------------------
             No.                     Date            Event           Sponsor                 Location
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                (c.) Coast Guard Sector Hampton Roads--COTP Zone
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
10...........................  October-second   Hampton Roads..  Hampton History  Regulated area includes all
                                to last                           Museum and       waters of the Hampton River,
                                weekend.                          City of          near the Crowne Plaza Hampton
                                                                  Hampton Parks    Marina, bounded by the
                                                                  and Recreation.  shoreline and a line drawn
                                                                                from 37[deg]01'30.09'' N./
                                                                                076[deg]20'25.44'' W., to
                                                                                37[deg]01'29.47'' N./
                                                                                076[deg]20'24.24'' W., to
                                                                                37[deg]01'22.93'' N./076[deg]-
                                                                                20'-30.62'' W., to
                                                                                37[deg]01'24.47'' N./
                                                                                076[deg]20'31.43'' W. (NAD
                                                                                1983), in Hampton, Virginia.

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

    Dated: October 13, 2015.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the Port Hampton Roads.
[FR Doc. 2015-26962 Filed 10-21-15; 8:45 am]
 BILLING CODE 9110-04-P