[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)]
[Notices]
[Pages 50725-50727]
[FR Doc No: 2017-23733]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81952; File No. SR-BatsBYX-2017-27]

Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Reflect
in the Exchange's Governing Documents, Rulebook and Fee Schedule, a
Non-Substantive Corporate Branding Change, Including Changes to the
Company's Name, the Intermediate's Name, and the Exchange's Name

October 26, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 16, 2017, Bats BYX Exchange, Inc. (the ``Exchange'' or
``BYX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes a proposed rule change with respect to
amendments of the Second Amended and Restated Certificate of
Incorporation (the ``Company's Certificate'') and Third Amended and
Restated Bylaws (the ``Company's Bylaws'') of its parent corporation,
CBOE Holdings, Inc. (``CBOE Holdings'' or the ``Company'') to change
the name of the Company to Cboe Global Markets, Inc. With respect to
CBOE V, LLC, an intermediate Holding Company of the Exchange (the
``Intermediate''), the Exchange proposes to amend the Certificate of
Formation and Limited Liability Company Operating Agreement of CBOE V,
LLC (the ``Operating Agreement''), in connection with a related name
change for the Intermediate. The Exchange also proposes to amend its
Amended and Restated Certificate of Incorporation (the ``Exchange
Certificate''), Sixth Amended and Restated Bylaws of Bats BYX Exchange,
Inc. (the ``Exchange Bylaws''), rulebook and fee schedule (collectively
``operative documents'') in connection with the name change of its
parent Company, Intermediate, and the Exchange.
    The text of the proposed rule change is also available on the
Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
Background
    The purpose of this filing is to reflect in the Exchange's
governing documents (and the governing documents of its parent company,
CBOE Holdings) and the Exchange's rulebook and fees schedules, a non-
substantive corporate branding change, including changes to the
Company's name, the Intermediate's name, and the Exchange's name.
Particularly, references to Company's, Intermediate's and Exchange's
names will be deleted and revised to state the new names, as described
more fully below. No other substantive changes are being proposed in
this filing. The Exchange represents that these changes are concerned
solely with the administration of the Exchange and do not affect the
meaning, administration, or enforcement of any rules of the Exchange or
the rights, obligations, or privileges of Exchange members or their
associated persons is any way. Accordingly, this filing is being
submitted under Rule 19b-4(f)(3). In lieu of providing a copy of the
marked name changes, the Exchange represents that it will make the
necessary non-substantive revisions described below to the Exchange's
corporate governance documents, rulebook, and fees schedules, and post
updated versions of each on the Exchange's Web site pursuant to Rule
19b-4(m)(2).
The Company's Name Change
    In connection with the corporate name change of its parent company,
the Exchange is proposing to amend the Company's Certificate and
Bylaws. Specifically, the Company is changing its name from ``CBOE
Holdings, Inc.'' to ``Cboe Global Markets, Inc.''.
Company's Certificate
    The Exchange proposes to (i) delete the following language from
Paragraph (1) of the introductory paragraph: ``The name of the
Corporation is CBOE Holdings, Inc.'' and (ii) amend Article First of
the Company's Certificate to reflect the new name, ``Cboe Global
Markets, Inc.'' The Exchange also proposes to add clarifying language
and cite to the applicable provisions of the General Corporation Law of
the State of Delaware in connection with the proposed name change. The
Exchange notes that it is not amending the Company's name in the title
or signature line as the name changes will not be effective until the
Company, as currently named, files the proposed changes in Delaware.
Thereafter, the Exchange will amend the Certificate to reflect the new
name in the title and signature line. The Exchange also notes that
although the name of ``Chicago Board Options Exchange, Incorporated''
is changing to ``Cboe Exchange Inc.'', it is not amending the name of
Chicago Board Options Exchange, Incorporated (``CBOE'') referenced in
Article Fifth(a)(iii) at this time. Particularly, the Exchange notes
that unlike the exception applicable to proposed changes to the
Company's name,\3\ a vote of stockholders is required to adopt an
amendment to the reference of CBOE's name. As such, the Exchange will
submit a rule filing to amend the Certificate to reflect the new CBOE
name at such time it is ready to obtain stockholder approval.
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    \3\ See Section 242(b) of the General Corporation Law of the
State of Delaware.

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(a) Company's Bylaws
    With respect to the Company's Bylaws, references to ``CBOE
Holdings, Inc.'' will be deleted and revised to state ``Cboe Global
Markets, Inc.'' The Exchange also proposes to eliminate the reference
to ``Chicago Board Options Exchange, Incorporated'' in Article 10,
Section 10.2. Particularly, Section 10.2 provides that ``for so long as
the Corporation shall control, directly or indirectly, any national
securities exchange, including, but not limited to Chicago Board
Options Exchange, Incorporated (a ``Regulated Securities Exchange
Subsidiary''), before any amendment, alteration or repeal of any
provision of the Bylaws shall be effective, such amendment, alteration
or repeal shall be submitted to the board of directors of each
Regulated Securities Exchange Subsidiary, and if such amendment,
alteration or repeal must be filed with or filed with and approved by
the Securities and Exchange Commission, then such amendment, alteration
or repeal shall not become effective until filed with or filed with and
approved by the Securities and Exchange Commission, as the case may
be.'' As the Company currently controls a number of Regulated
Securities Exchange Subsidiaries, it does not believe it is necessary
to explicitly reference only Chicago Board Options Exchange,
Incorporated and therefore proposes to delete the following language:
``including, but not limited to Chicago Board Options Exchange,
Incorporated''.
The Intermediate's Name Change
    For purposes of consistency, certain of the Parent's subsidiaries
have also undertaken to change their legal names. As a result, the
Exchange also proposes to change the name of the Intermediate from
``CBOE V, LLC'' to ``Cboe Bats, LLC.''
(a) Certificate of Formation
    As it relates to the Certificate of Formation of CBOE V, LLC,
references to ``CBOE V, LLC'' will be deleted and revised to state its
new name ``Cboe Bats, LLC''. The Exchange also proposes to add
clarifying and conforming language in order to conform to, as well as
cite to, the applicable provisions of the General Corporation Law of
the State of Delaware in connection with the proposed name change. The
Exchange notes to conform with the revised language in the introductory
paragraph, it also proposes to amend references to ``LLC'' to ``limited
liability company''. The Exchange also notes that it is not amending
the Intermediate's name in the title or signature line as the name
changes will not be effective until the Intermediate, as currently
named, files the proposed changes in Delaware.\4\ Thereafter, the
Exchange will amend the Certificate of Formation to reflect the new
name in the title and signature line.
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    \4\ The Exchange notes that the current signature block of the
Certificate of Formation references ``CBOE Holdings, Inc.'' instead
of ``CBOE V, LLC''. The Exchange proposes to correct that reference
and refer to ``CBOE V, LLC'', which as noted, will be changed to
``Cboe Bats, LLC'' at a later date.
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(b) Operating Agreement
    As it relates to the Operating Agreement of the Intermediate,
references to ``CBOE V, LLC'' will be deleted and revised to state its
new name ``Cboe Bats, LLC'' and references to ``CBOE Holdings, Inc.''
will be deleted and revised to state ``Cboe Global Markets, Inc.''. The
Exchange also proposes to add clarifying and conforming language in
connection with the proposed name change, including new Section 12.5
(``Effect of Amendment''), which provides that the ``Agreement amends,
restates and supersedes the Original Agreement in all respects. From
and after the date hereof, this Agreement shall be the limited
liability company operating agreement of the Company for all
purposes.''
The Exchange's Name Change
    For purposes of consistency, certain of the Parent's subsidiaries
have also undertaken to change their legal names. As a result, the
Exchange also proposes to change its name from ``Bats BYX Exchange,
Inc.'' to ``Cboe BYX Exchange, Inc.'' throughout its rules, fees
schedules and corporate documents. Additionally, the Exchange notes
that its affiliated exchanges Bats BZX Exchange, Inc., Bats EDGX
Exchange, Inc., Bats EDGA Exchange, Inc., and C2 Options Exchange, Inc.
(collectively the ``affiliates'') have also proposed name changes to
Cboe BZX Exchange, Inc., Cboe EDGX Exchange, Inc., Cboe EDGA Exchange,
Inc., and Cboe C2 Exchange, Inc. respectively. Lastly, the Exchange is
changing the name of ``Bats Trading, Inc.'' to ``Cboe Trading, Inc.''
    Therefore, the Exchange proposes to amend its: (i) Amended and
Restated Certificate of Incorporation of Bats BYX Exchange, Inc., (ii)
Sixth Amended and Restated Bylaws of Bats BYX Exchange, Inc., (iii)
Rulebook, (iv) Fee Schedule for BYX Equities (collectively, the
``Operative Documents'') to reflect the name changes.
(a) Exchange's Certificate
    The Exchange proposes to (i) delete the following language from the
introductory paragraph: ``The name of the Corporation is Bats BYX
Exchange, Inc.'' and (ii) amend Article First of the Exchange's
Certificate to reflect the new name, ``Cboe BYX Exchange, Inc.''. The
Exchange also proposes to add clarifying language and cite to the
applicable provisions of the General Corporation Law of the State of
Delaware in connection with the proposed name change. The Exchange
notes that it is not amending the Exchange's name in the title or
signature line as the name changes will not be effective until the
Exchange, as currently named, files the proposed changes in Delaware.
Thereafter, the Exchange will amend the Certificate to reflect the new
name in the title and signature line.
(b) Exchange's Bylaws
    For the Exchange's Bylaws, all references to ``Bats BYX Exchange,
Inc.'' will be deleted and revised to state ``Cboe BYX Exchange,
Inc.''.
(c) Exchange's Rulebook
    For the Rules of Bats BYX Exchange, Inc., all references to ``Bats
BYX Exchange, Inc.'' and ``Bats BYX Exchange'' will be deleted and
revised to state ``Cboe BYX Exchange, Inc.'' and ``Bats [sic] BYX
Exchange'', respectively. Additionally, the Exchange's affiliates are
also filing similar rule filings to change their names, as noted above.
As such, all references to ``Bats BZX Exchange, Inc.'', ``Bats EDGA
Exchange, Inc.'', ``Bats EDGX Exchange, Inc.'' and ``C2 Options
Exchange, Inc.'' \5\ in the BYX's rules will likewise be deleted and
revised to state ``Cboe BYX Exchange, Inc.'', Cboe EDGA Exchange,
Inc.'' and ``Cboe EDGX Exchange, Inc.'' and ``Cboe C2 Exchange, Inc.'',
respectively. All references to ``CBOE Holdings, Inc.'' will be deleted
and revised to state ``Cboe Global Markets, Inc.'', all references to
``Bats One'' will be deleted and revised to state ``Cboe One'', and all
references to ``Bats Connect'' will be deleted and revised to state
``Cboe Connect''. The Exchange will also delete references to ``Bats
Trading, Inc.'' and ``Bats Trading'' and replace it with references to
``Cboe Trading, Inc.'' and ``Cboe Trading'', respectively.
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    \5\ The Exchange notes that the BYX rules refer to ``C2 Options
Exchange, Incorporated'' as ``C2 Options Exchange, Inc.'' See Rule
2.3.

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(d) Exchange's Fees Schedule
    For the BYX Equities Fee Schedule, any reference to ``Bats BYX
Exchange'' will be deleted and revised to state ``Cboe BYX Exchange''.
Additionally, all references to ``Bats One'' will be deleted and
revised to state ``Cboe One'' and all references to ``Bats Connect''
will be deleted and revised to state ``Cboe Connect''.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\6\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \7\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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    In particular, the proposed change is a non-substantive change and
does not impact the governance, ownership or operations of the
Exchange. The Exchange believes that by ensuring that its parent
company's governance documents and the Exchanges operative documents
accurately reflect the new legal names, the proposed rule change would
reduce potential investor or market participant confusion.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not intended to address competitive issues but rather is concerned
solely with updating the Company's and Exchange's governance and
operative documents to reflect the abovementioned name changes.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    Pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(3)
thereunder,\9\ the Exchange has designated this proposal as one that is
concerned solely with the administration of the self-regulatory
organization, and therefore has become effective.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(3).
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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 will institute proceedings to
determine whether the proposed rule change 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 protected]. Please include
File Number SR-BatsBYX-2017-27 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BatsBYX-2017-27. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. 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-BatsBYX-2017-27 and should
be submitted on or before November 22, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-23733 Filed 10-31-17; 8:45 am]
 BILLING CODE 8011-01-P


"King, Heidi R."<EMAIL_ADDRESS> 02/28/2008 09:34 AM

To

Ron Evans/RTP/USEPA/US@EPA

cc

Janet Cakir/RTP/USEPA/US@EPA, Lydia Wegman/RTP/USEPA/US@EPA, Nathalie Simon/DC/USEPA/US@EPA, Tricia Crabtree/RTP/USEPA/US@EPA, Tom Walton/RTP/USEPA/US@EPA, Darryl Weatherhead/RTP/USEPA/US@EPA, Larry Sorrels/RTP/USEPA/US@EPA

Subject

RE: SAB letter on extrapolated costs

Thanks Ron - I am happy reading :-)

h

-----Original Message-----

From<EMAIL_ADDRESS><EMAIL_ADDRESS> Sent: Thursday, February 28, 2008 9:34 AM

To: King, Heidi R.

Cc<EMAIL_ADDRESS><EMAIL_ADDRESS> <EMAIL_ADDRESS><EMAIL_ADDRESS> <EMAIL_ADDRESS><EMAIL_ADDRESS> <EMAIL_ADDRESS> Subject: RE: SAB letter on extrapolated costs

Thanks for the quick response.   I reviewed the SAB paper a few minutes

ago, I found it easier to understand with a prior reading of the

materials put together by EPA for their review.   Here is the most

relevent piece.

http://www.epa.gov/oar/sect812/mar07/cost_estimation.pdf

Happy reading.

             "King, Heidi R."

             <Heidi_R._King@o

             mb.eop.gov>                                             To

                                      Ron Evans/RTP/USEPA/US@EPA

             02/27/2008 07:15                                        cc

             PM                       Janet Cakir/RTP/USEPA/US@EPA,

                                      Lydia Wegman/RTP/USEPA/US@EPA,

                                      Tricia Crabtree/RTP/USEPA/US@EPA,

                                      Nathalie Simon/DC/USEPA/US@EPA

                                                                Subject

                                      RE: SAB letter on extrapolated

                                      costs

Thank you, Ron, for sending this tonight - I'm getting out of the office

early tonight so I can begin to read this on my way home and have a

headstart on tomorrow.

FYI

- I have briefed Art

- We need to get Rob to join us for two specific points of conversation:

1) marginal cost approach vs hybrid

2) social costs

On the hybrid approach, follow up to my request that we articulate the

theory and relationship with its calculation:

In general, OMB sense of comfort with the ability of the hybrid approach

to meet the requirements of A-4 will rely upon understanding M, as we

discussed earlier.  Food for thought: Wouldn't it just be simpler to use

an "M" tech change factor estimated in the (fairly rich) econ

literature, rather than backing it out?  I realize there is not a rich

lit on cost/ton, but general macro tech change studies would not be a

bad place to look for an M.  The enviro econ lit might offer something.

Keep in mind that until we better explain M the arguments for using the

hybrid approach may not be compelling:  1) CASAC's request for

transparency seems to be tough to argue while we need to explain M's

calculation as an expression of what it means in economic terms, and 2)

meeting A-4 guidance is tough to demonstrate.

I appreciate your work / your team's work on this.  It's a pleasure to

explore a novel approach --

heidi

-----Original Message-----

From<EMAIL_ADDRESS><EMAIL_ADDRESS> Sent: Wednesday, February 27, 2008 6:11 PM

To: King, Heidi R.

Cc<EMAIL_ADDRESS><EMAIL_ADDRESS> <EMAIL_ADDRESS><EMAIL_ADDRESS> Subject: SAB letter on extrapolated costs

Heidi, per our conversation, here is a copy of the SAB letter on

extrapolated costs from last Summer.   Let me know if you have questions

or want to discuss, I will be reading this concurrently with you to

refresh my memory.

Obviously we need to have additional discussions with you as well as Art

and Rob.   Is there likely to be available times remaining this week?

If you can give me some timeslots I will work with Margaret Morrison to

get together again this week.   Early Friday afternoon is likely to be

the best time on this side.

Thanks again for taking the time with us this afternoon, I think we made

progress.

Ron Evans

Leader, Air Benefit & Cost Group

HEID/OAQPS/OAR/EPA

Mail Drop C-439-02

919-541-5488

919-541-0839 fax

We do one thing: overwhelm people's impossible expectations.

(See attached file: EPA-COUNCIL-07-002_signed.pdf)


[Federal Register Volume 88, Number 96 (Thursday, May 18, 2023)]
[Rules and Regulations]
[Pages 31607-31608]
[FR Doc No: 2023-10501]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1586; Airspace Docket No. 22-AGL-19]
RIN 2120-AA66

Amendment of V-171 in the Vicinity of Roseau, MN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Very High Frequency (VHF) Omnidirectional
Range (VOR) Federal airway V-171 in the vicinity of Roseau, MN. The
amendment is due to the planned decommissioning of the VOR portion of
the Roseau, MN (ROX), VOR/Distance Measuring Equipment (VOR/DME)
navigational aid (NAVAID). The Roseau VOR is being decommissioned as
part of the FAA's VOR Minimum Operational Network (MON) program.

DATES: Effective date 0901 UTC, August 10, 2023. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11
and publication of conforming amendments.

ADDRESSES: A copy of the NPRM, all comments received, this final rule,
and all background material may be viewed online at www.regulations.gov
using the FAA Docket number. Electronic retrieval help and guidelines
are available on the website. It is available 24 hours each day, 365
days each year. An electronic copy of this document may also be
downloaded from the Office of the Federal Register's website at
www.federalregister.gov.
    FAA Order JO 7400.11G, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would modify the Air Traffic Service (ATS) route
structure as necessary to preserve the safe and efficient flow of air
traffic within the National Airspace System.

History

    The FAA published a notice of proposed rulemaking for Docket No.
FAA-2022-1586 in the Federal Register (87 FR 75974; December 12, 2022),
amending VOR Federal airway V-171 due to the planned decommissioning of
the VOR portion of the Roseau, MN, VOR/DME NAVAID. Interested parties
were invited to participate in this rulemaking effort by submitting
written comments on the proposal. No comments were received.

Incorporation by Reference

    VOR Federal airways are published in paragraph 6010(a) of FAA Order
JO 7400.11, Airspace Designations and Reporting Points, which is
incorporated by reference in 14 CFR 71.1 on an annual basis. This
document amends the current version of that order, FAA Order JO
7400.11G, dated August 19, 2022, and effective September 15, 2022. FAA
Order JO 7400.11G is publicly available as listed in the ADDRESSES
section of this document. This amendment action will be published in
the next update to FAA Order JO 7400.11.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Rule

    This action amends 14 CFR part 71 by amending VOR Federal airway V-
171 due to the planned decommissioning of the VOR portion of Roseau,
MN, VOR/DME NAVAID. The airway action is described below.
    V-171: V-171 extends between the Lexington, KY, VOR/DME and the
Joliet, IL, VOR/DME; and between the Nodine, MN, VOR/Tactical Air
Navigation (VORTAC) and the Roseau, MN, VOR/DME. The airway segment
between the Grand Forks, ND, VOR/DME and the Roseau, MN, VOR/DME is
removed. As amended, the airway extends between the Lexington VOR/DME
and the Joliet VOR/DME; and between the Nodine VORTAC and the Grand
Forks VOR/DME.
    The NAVAID radials contained in the V-171 airway description below
are unchanged and stated in degrees True north.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
only affects air traffic

procedures and air navigation, it is certified that this rule, when
promulgated, does not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action of amending VOR Federal
airway V-171, due to the planned decommissioning of the VOR portion of
the Roseau, MN, VOR/DME NAVAID, qualifies for categorical exclusion
under the National Environmental Policy Act (42 U.S.C. 4321 et seq.)
and its implementing regulations at 40 CFR part 1500, and in accordance
with FAA Order 1050.1F, Environmental Impacts: Policies and Procedures,
paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points); paragraph 5-6.5b,
which categorically excludes from further environmental impact review
actions regarding establishment of jet routes and Federal airways (see
14 CFR 71.15, Designation of jet routes and VOR Federal airways); and
paragraph 5-6.5i, which categorically excludes from further environment
impact review the establishment of new or revised air traffic control
procedures conducted at 3,000 feet or more above ground level (AGL);
procedures conducted below 3,000 feet AGL that do not cause traffic to
be routinely routed over noise sensitive areas; modifications to
currently approved procedures conducted below 3,000 feet AGL that do
not significantly increase noise over noise sensitive areas; and
increases in minimum altitudes and landing minima. As such, this action
is not expected to result in any potentially significant environmental
impacts. In accordance with FAA Order 1050.1F, paragraph 5-2 regarding
Extraordinary Circumstances, the FAA has reviewed this action for
factors and circumstances in which a normally categorically excluded
action may have a significant environmental impact requiring further
analysis. The FAA has determined that no extraordinary circumstances
exist that warrant preparation of an environmental assessment or
environmental impact study.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-171 [Amended]

    From Lexington, KY; INT Lexington 251[deg] and Louisville, KY,
114[deg] radials; Louisville; Terre Haute, IN; Danville, IL;
Peotone, IL; INT Peotone 281[deg] and Joliet, IL, 173[deg] radials;
to Joliet. From Nodine, MN; INT Nodine 298[deg] and Farmington, MN,
124[deg] radials; Farmington; Darwin, MN; Alexandria, MN; INT
Alexandria 321[deg] and Grand Forks, ND, 152[deg] radials; to Grand
Forks.
* * * * *

    Issued in Washington, DC, on May 11, 2023.
Brian Konie,
Acting Manager, Airspace Rules and Regulations.
[FR Doc. 2023-10501 Filed 5-17-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 237 (Wednesday, December 10, 2014)]
[Notices]
[Pages 73320-73322]
[FR Doc No: 2014-28825]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-2029]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Administrative Practices and Procedures; Formal
Evidentiary Public Hearing

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on reporting requirements
contained in current FDA regulations: Administrative Practices and
Procedures; Formal Evidentiary Public Hearing.

DATES: Submit either electronic or written comments on the collection
of information by February 9, 2015.

ADDRESSES: Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.

    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.
Administrative Practices and Procedures (21 CFR 10.30, 10.33, 10.35,
10.85); Formal Evidentiary Public Hearing (21 CFR 12.22, 12.45) (OMB
Control Number 0910-0191)--Extension
    The Administrative Procedures Act (5 U.S.C. 553(e)) provides that
every Agency shall give an interested person the right to petition for
issuance, amendment, or repeal of a rule. Section 10.30 (21 CFR 10.30)
sets forth the format and procedures by which an interested person may
submit to FDA, in accordance with Sec.  10.20 (21 CFR 10.20)
(Submission of documents to Division of Dockets Management), a citizen
petition requesting the Commissioner to issue, amend, or revoke a
regulation or order, or to take or refrain from taking any other form
of administrative action.
    The Commissioner may grant or deny such a petition, in whole or in
part, and may grant such other relief or take other action as the
petition warrants. Respondents are individuals or households, State or
local governments, and not-for profit institutions or groups.
    Section 10.33 (21 CFR 10.33), issued under section 701(a) of the
Federal, Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C.
371(a)), sets forth the format and procedures by which an interested
person may request reconsideration of part or all of a decision of the
Commissioner on a petition submitted under 21 CFR 10.25 (Initiation of
administrative proceedings). A petition for reconsideration must
contain a full statement in a well-organized format of the factual and
legal grounds upon which the petition relies. The grounds must
demonstrate that relevant information and views contained in the
administrative record were not previously or not adequately considered
by the Commissioner. The respondent must submit a petition no later
than 30 days after the decision involved. However, the Commissioner
may, for good cause, permit a petition to be filed after 30 days. An
interested person who wishes to rely on information or views not
included in the administrative record shall submit them with a new
petition to modify the decision. FDA uses the information provided in
the request to determine whether to grant the petition for
reconsideration. Respondents to this collection of information are
individuals of households, State or local governments, not-for-profit
institutions, and businesses or other for-profit institutions who are
requesting from the Commissioner of FDA a reconsideration of a matter.
    Section 10.35 (21 CFR 10.35), issued under section 701(a) of the
FD&C Act, sets forth the format and procedures by which an interested
person may request, in accordance with Sec.  10.20 (Submission of
documents to Division of Dockets Management), the Commissioner to stay
the effective date of any administrative action.
    Such a petition must do the following: (1) Identify the decision
involved; (2) state the action requested, including the length of time
for which a stay is requested; and (3) include a statement of the
factual and legal grounds on which the interested person relies in
seeking the stay. FDA uses the information provided in the request to
determine whether to grant the petition for stay of action.
    Respondents to this information collection are interested persons
who choose to file a petition for an administrative stay of action.
    Section 10.85 (21 CFR 10.85), issued under section 701(a) of the
FD&C Act, sets forth the format and procedures by which an interested
person may request, in accordance with Sec.  10.20 (Submission of
documents to Division of Dockets Management), an advisory opinion from
the Commissioner on a matter of general applicability. An advisory
opinion represents the formal position of FDA on a matter of general
applicability. When making a request, the petitioner must provide a
concise statement of the issues and questions on which an opinion is
requested, and a full statement of the facts and legal points relevant
to the request. Respondents to this collection of information are
interested persons seeking an advisory opinion from the Commissioner on
the Agency's formal position for matters of general applicability.
    FDA has developed a method for electronic submission of citizen
petitions. The Agency still allows for non-electronic submissions;
however, electronic submissions of a citizen petition to a specific
electronic docket presents a simpler and more straightforward approach.
FDA has created a single docket on http://www.regulations.gov, the U.S.
Government's consolidated docket Web site for Federal Agencies, for the
initial electronic submission of all citizen petitions. The advantage
to this change is that it ensures efficiency and ease in communication,
quicker interaction between citizen petitioners and FDA, and easier
access to FDA to seek input through the citizen petition process.
    The regulations in 21 CFR 12.22, issued under section 701(e)(2) of
the FD&C Act (21 U.S.C. 371(e)(2)), set forth the instructions for
filing objections and requests for a hearing on a regulation or order
under Sec.  12.20(d) (21 CFR 12.20(d)). Objections and requests must be
submitted within the time specified in Sec.  12.20(e). Each objection,
for which a hearing has been requested, must be separately numbered and
specify the provision of the regulation or the proposed order. In
addition, each objection must include a detailed description and
analysis of the factual information and any other document, with some
exceptions, supporting the objection. Failure to include this
information constitutes a waiver of the right to a hearing on that
objection. FDA uses the description and analysis to determine whether a
hearing request is justified. The description and analysis may be used
only for the purpose of determining whether a hearing has been
justified under 21 CFR 12.24 and does not limit the evidence that may
be presented if a hearing is granted.
    Respondents to this information collection are those parties that
may be adversely affected by an order or regulation.
    Section 12.45 (21 CFR 12.45) issued under section 701 of the FD&C
Act (21 U.S.C. 371), sets forth the format and procedures for any
interested person to file a petition to participate in a formal
evidentiary hearing, either personally or through a representative.
Section 12.45 requires that any person filing a notice of participation
state their specific interest in the proceedings, including the
specific issues of fact about which the person desires to be heard.
This section also requires that the notice include a statement that the
person will present testimony at the hearing and will comply with
specific requirements in 21 CFR 12.85, or, in the case of a hearing
before a Public Board of Inquiry, concerning disclosure of data and
information by participants (21 CFR 13.25). In accordance with Sec.
12.45(e) the

presiding officer may omit a participant's appearance.
    The presiding officer and other participants will use the collected
information in a hearing to identify specific interests to be
presented. This preliminary information serves to expedite the
prehearing conference and commits participation.
    The respondents are individuals or households, State or local
governments, not-for-profit institutions and businesses, or other for-
profit groups and institutions.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
         21 CFR Section              Number of     responses per   Total annual     burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
10.30_Citizen Petition..........             207               1             207              24           4,968
10.33_Administrative                           4               1               4              10              40
 reconsideration of action......
10.35_Administrative Stay of                   5               1               5              10              50
 Action.........................
10.85_Advisory Opinions.........               4               1               4              16              64
12.22_Filing Objections and                    3               1               3              20              60
 Requests for a Hearing on a
 Regulation or Order............
12.45_Notice of Participation...               4               1               4               3              12
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............           5,194
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    The burden estimates for this collection of information are based
on Agency records and experience over the past 3 years.

    Dated: December 4, 2014.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2014-28825 Filed 12-9-14; 8:45 am]
BILLING CODE 4164-01-P


SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF ARRIVAL OF PESTICIDES AND DEVICES (Form 3540-1)

19 CFR  12.110-117

1. Identification of the Information Collection

1(a) Title of the Information Collection

Notice of Arrival of Pesticides and Devices under section 17(c) of the Federal Insecticide, Fungicide, and Rodenticide Act as amended (FIFRA). ICR Number 0152.09.

1(b) Short Characterization/Abstract

The U.S. Customs and Border Protection and Border Protection regulations at 19 CFR 12.112 require that an importer desiring to import pesticides into the United States shall, prior to the shipment's arrival, submit a Notice of Arrival (NOA) of Pesticides and Devices (EPA Form 3540-1) to the Environmental Protection Agency (EPA), who will determine the disposition of the shipment. After completing the form, EPA returns the form to the importer or his agent, who must present the form to Customs and Border Protection upon arrival of the shipment at the port of entry. This is necessary to ensure that EPA is notified of the arrival of pesticides and devices as required by the Federal Insecticide Fungicide and Rodenticide Act (FIFRA) section 17(c) and has the ability to examine such shipments to determine whether they are in compliance with FIFRA.

	The form requires identification and address information of the importer or his agent and information on the identity and location of the imported pesticide or device shipment. When the form is submitted to EPA regional personnel for review it is examined to determine whether the shipment should be released for entry upon arrival or alternatively whether it should be detained for examination.  The responsible EPA official returns the form to the respondent with EPA instructions to Customs and Border Protection as to the disposition of the shipment.

	Upon the arrival of the shipment, the importer presents the completed NOA to the District Director of Customs and Border Protection at the port of entry. Customs and Border Protection compares entry documents for the shipment with the NOA and notifies the EPA regional office of any discrepancies, which EPA will resolve with the importer or broker.  At this point the shipment may be retained for examination.  If there are no discrepancies, Customs and Border Protection follows instructions regarding release or detention.  If EPA inspects the shipment and it appears from examination of a sample that it is adulterated, misbranded, or otherwise violates the provisions of FIFRA, or is otherwise injurious to health or the environment, the pesticide or device may be refused admission into the United States.

Respondents subject to this information collection include all importers of pesticides and devices as defined by FIFRA.

2. Need for and Use of the Collection

2(a) Need/Authority for the Collection.

This information collection activity allows Customs and Border Protection to fulfill its statutory obligation to notify the EPA of the arrival of pesticides into the United States.  This allows EPA to determine whether imports comply with U.S. pesticide law.   The information permits EPA to stop unregistered, suspended, canceled, misbranded, contaminated, or otherwise violative products from being imported into the country, track those that do enter, and minimize any adverse environmental impact that might arise from the importation of violative products.  If EPA did not collect this information, Customs and Border Protection and the EPA would be unable to meet their statutory requirements under FIFRA.

2(b) Practical Utility/Users of the Data.

The information is used by EPA regional pesticide enforcement and compliance staff, the Office of Enforcement and Compliance Assurance, and the Office of Pesticides Programs to monitor and assure compliance with the pesticide laws.  Customs and Border Protection uses this information to ensure that pesticide products admitted to the U.S. are reviewed by the EPA for compliance.  The absence of an accompanying NOA is, under Customs and Border Protection regulations, grounds for refusal of entry into the United States.

3. Non-Duplication, Consultations, and other Criteria.

3(a) Non Duplication.

The information required under this collection is not duplicated by any other information collection.

3(b) Public Notice Required Prior to ICR Submission to OMB.

The Federal Register notice required by 5 CFR 1320.8(d) was published December 9, 2008 at 73 FR 74715-74717.

3(c) Consultations.

No comments have been received in response to the notice published in the Federal Register.

3(d) Effects of less frequent collection.

This collection represents the minimum collection frequency possible to comply with statutory requirements, which is that the Agency be notified of the arrival of each shipment into the United States.

3(e) General Guidelines.

None of the reporting or recordkeeping requirements contained in 19 CFR 12.110-117 violates any of the regulations established by OMB in 5 CFR 1320.6.

3(f) Confidentiality.

If information submitted by an importer bringing pesticides into the United States is declared sensitive or confidential, it cannot be released to the public.  Certain information reported on the form (names and addresses of broker or agent, of importer or consignee, and of shipper, along with unit size, quantity, total net weight, country of origin, port of entry, carrier, entry number, and entry date) may be claimed as Confidential Business Information (CBI).  Other information (EPA Registration Number and Producer Establishment Number, the brand name of product, and major active ingredients and percentage of each) may not be claimed as CBI.

Confidential data submitted to this Agency is handled in accordance with the provisions of the FIFRA Confidential Business Information (CBI) security manual.  This manual contains instructions relative to confidential documents, specifically: physical security measures; CBI copying and destruction procedures; transfer of CBI materials within EPA to contractors or to other government offices; computer security; CBI typing procedures; and internal office procedures.  The manual dictates that all CBI must be marked or flagged as such, only authorized Agency personnel may be permitted access to CBI, all CBI must be kept in secure (double-locked) areas, and all CBI for destruction must be cleared by a Document Control Officer.

3(g) Sensitive Questions.

Not applicable.  No information of a sensitive or private nature is requested in the information collection activity.

4. The Respondents and Information Collected.

4(a) Respondents/North American Industry Classification System (NAICS) Codes.

The majority of respondents fall under 325300, Pesticide, Fertilizer, and other Agricultural Chemical Manufacturing.  Other business and institutions participating include Agriculture, Forestry, Fishing and Hunting, Sector 11 and Wholesale Trade, Sector 42.

4(b) Information Requested.

(i) Data items

All data in this ICR that is recorded and reported is required by FIFRA Sections 3, 7, and 17, and 19 CFR Part 12.

Provide notification of:

 name and complete address of broker or agent (19 CFR 12.112)

name and complete address of importer or consignee (19 CFR 12.112)

name and address of shipper (19 CFR 12.112)

EPA registration number (19 CFR 12.111 and FIFRA Sec. 3)

EPA producer establishment number (19 CFR 12.112 and FIFRA Sec. 7)

brand name of product (19 CFR 12.112 and FIFRA Sec. 17(c))

major active ingredients and percentage of each (19 CFR 12.112 and FIFRA Sec.17(c))

unit size, quantity, total net weight (19 CFR 12.112 and FIFRA Sec. 17(c))

country of origin (19 CFR 12.112)

port of entry, entry number, entry date (19 CFR 12.113)

carrier (19 CFR 12.113)

location of goods for examination after importation (19 CFR  12.115)

(ii) Respondent Activities

Read instructions reverse side of Form 3540-1

Plan activities-CBP

Gather information-CBP

Enter information on form and submit to EPA and Customs and Border Protection

Plan and review information for accuracy-CBP

Store, file, and maintain the information-CBP

CBP-"Customary and Usual Business Practice."  During the course of normal and prudent business operations, a producer would plan his and his staff’s information collection activities, arrange for the collection, review himself or have staff review the information for accuracy, and arrange to maintain or store the information detailed under 4(b) above.  The Information to be kept is generally information that prudent businesses would maintain.

5. The Information Collected-Agency Activities, Collection Methodology, and Information Management.

5(a) Agency Activities

The Agency regional personnel review the NOA’s for accuracy and completeness of the submitted information and maintain files of the NOA for inspection and targeting.

5(b) Collection Methodology and Management

The information collected is produced by all importers as part of Customary Business Practices, as described above.  This collection request concerns the entry and submission of this information using the form 3540-1.

This information is entered once onto the paper form, signed, and submitted to EPA.  The EPA-reviewed and signed form returned to the importer becomes a shipping document that will accompany the shipment up to its arrival at the U.S. port of entry.  Customs and Border Protection inspectors compare the paper copy with the physical shipment to determine that the shipment conforms to the information on the form.

EPA is currently working on an interagency initiative known as the International Trade Data System (ITDS).  The goal of ITDS is to make the Federal government’s compliance monitoring of international trade through the collection of data less burdensome and more efficient by integrating and automating the government-wide collection, use, and dissemination of international trade data.  Under the ITDS concept, agencies harmonize their data requirements, eliminating redundancies and minor definitional differences.

ITDS is not a separate computer system; it is the authorizing feature of the Automated Commercial Environment (ACE), the new system for processing imports and exports that is being built by U.S. Customs and Border Protection.  EPA is currently working with Customs and Border Protection to integrate the Agency’s six import regulatory programs, including the current process for notification of arrival of pesticides and devices into the ACE system, so that in the future the notice of arrival process will be done electronically and almost instantaneously between importers, EPA, and Customs and Border Protection.

5(c) Small Entity Flexibility

The burden is minimal and affects all importers.  It cannot be reduced and still meet requirements. The information collection does not disproportionately impact small businesses, since the information requests is gathered during "customary and usual business activity."

5(d) Collection Schedule

A Notice of Arrival submission is required on each occasion that a pesticide shipment is brought into the country.

6. Estimating the Burden and Cost of the Collection.

6(a) Estimating Respondent Burden

The average annual burden to industry per response is estimated to be 0.3 hours, and the total number of annual responses is estimated at 25,000.    The total annual hourly burden is therefore estimated to be 7500 hours.

6(b) Estimating Respondent Costs

Estimating Labor Costs

  SEQ CHAPTER \h \r 1 Since the regulation and associated information collection has a minor economic impact on respondents, a regulatory impact analysis was not conducted. This ICR uses estimates of labor rates and associated costs based on Department of Commerce Bureau of Labor Statistics estimates.  Specifically this ICR uses the May 2007 National Industry-Specific Occupational Employment and Wage Estimates for the industry NAICS codes 325300.  After adjusting for inflation using the CPI inflation calculator on the Bureau of Labor and Statistics website, the mean hourly wage rates for NAICS code 325300 were: management, $48.61; sales and related support, $29.71; and clerical (administrative), $16.27.  A factor of 1.16 was added to adjust for benefit costs, with respective total wage costs of $107.57, $65.75, and $36.01.

Annual Costs:

(a) Management

1000

hours X

107.57

=

$107,570

(b) Technical

2750

hours  X

65.75

=

$180,812.5

(c) Clerical

3750

hours  X

36.01

=

$135,037.5

$423,420

The paperwork burden estimates represent the average costs. Some respondents will spend less effort and others with several pesticides or products will have more complicated requirements and spend more time than the average estimated.

(ii) Estimating Capital and Operations and Maintenance Costs.

Not applicable. All costs associated with this collection are addressed in items 12 and 14 of this statement.

(iii) Capital Start-up vs. Operating and Maintenance Costs

Not applicable.

6(c) Estimating Agency Burden and Cost

The computations of the estimated annual cost to the Government for this activity are given below.  The cost to the government is based on 890 workdays (about 3.57 workyears) to review and process forms, at an average of GS-13 step 1 grade, plus 10.5% overhead costs.  Personnel costs are for both EPA and Customs and Border Protection employees.  Other direct costs are limited to printing costs for instructions and reporting forms, and are for EPA only.

Annual

salary rate   x

work years =

total salary

$86,927

3.57

$310,329

Total salary  +

10.5% Ovh +

Direct costs* =

Total cost

$310,329

$32,585

$60,947

$403,861

*The previous ICR included direct costs of $56,034.  This amount was adjusted for inflation in this ICR to arrive at a new direct cost of $60,947.

6(d) Estimating the Respondent Universe and Total Burden and Costs

The total number of respondents subject to 19 CFR 12.110-117 is 25,000.   The total annual labor costs are $423,420  and the total annual capital and O & M costs to the regulated entity are $0 dollars.  Details on which this estimate is based appear in the table below.

6(e) Bottom Line Burden Hours and Cost Tables

Table 1:	Average annual EPA Resource Requirement for Pesticide Imports

       Activity	              (A)EPA*            (B)Occurrences      (C) EPA hrs/yr           (D) Cost

Review NOA and return to broker or agent

3.57 workyears

 25000

 7500

 $403,861

*EPA: 1 workyear (250 workdays) and 1 person at GS 13 step 1 grade plus 10.5% overhead costs.

Table 2:	Annual Burden of Reporting and Recordkeeping  Requirements for                         Pesticide Importers

	BURDEN HOURS (per year)

	TOTAL

COLLECTION ACTIVITIES

   Mgmt.           $107.57/hr

   Tech.

   $65.75/hr

  Cler.

  $36.01/hr

	Hours

	Costs

A) Read or hear any

   instructions

750

500

0

  =SUM(LEFT)  1250

$113,552.5

B) Plan Activities

0

0

0

0

$0

C) Create information

0

0

0

0

$0

D) Gather information

0

0

0

0

$0

E) Process, compile, review information for accuracy

250

1000

0

  =SUM(left)  1250

   $92,642.5

F) Complete written forms

0

1250

1250

  =SUM(left)  2500

   $127,200

G) Record, disclose, or

   display information

0

0

1250

  =SUM(left)  1250

   $45,012.5

9) Store, file, or maintain information

0

0

1250

  =SUM(left)  1250

   $45,012.5

TOTAL BURDEN

   =SUM(ABOVE)  1000

     =SUM(ABOVE)  2750

   =SUM(ABOVE)  3750

     =SUM(ABOVE)  7500

 $423,420

6(f) Reasons for Change in Burden.

There were no program changes affecting this ICR.  However, the calculated labor costs were adjusted to reflect inflation and current salaries.

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is estimated to average 0.3 hours per response.  Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency.  This includes the time needed to: review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.   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's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OECA-2008-0809, which is available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3304, 1301 Constitution Ave., NW, Washington, DC.  The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the Enforcement and Compliance Docket and Information Center is<PHONE_NUMBER>.  An electronic version of the public docket is available at   HYPERLINK "http://www.regulations.gov"  www.regulations.gov .  Use   HYPERLINK "http://www.regulations.gov"  www.regulations.gov  to submit or view public comments, access the index listing of the contents of the public docket, and to access documents in the public docket that are available electronically.  Once in the system, input the docket ID number identified above into the “search” box.

B.   COLLECTIONS OF INFORMATION REQUIRING STATISTICAL METHODS.

Not applicable.

 PAGE

 PAGE   2

- PAGE  3 -


[Federal Register: December 28, 2007 (Volume 72, Number 248)]
[Notices]
[Page 73970-73971]
[DOCID:fr28de07-219]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[U.S. DOT Docket Number NHTSA-2007-0049]

Reports, Forms, and Recordkeeping Requirements

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.

ACTION: Request for public comment on a previously approved collection
of information.

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

SUMMARY: Before a Federal agency can collect certain information from
the public, it must receive approval from the Office of Management and
Budget (OMB). Under procedures established by the Paperwork Reduction
Act of 1995, before seeking OMB approval, Federal agencies must solicit
public comment on proposed collections of information, including
extensions and reinstatement of previously approved collections.
    This document describes one collection of information for Part 565,
Parts 567 and Part 541 for which NHTSA intends to seek OMB approval.

DATES: Comments must be received on or before February 26, 2008.

ADDRESSES: You may submit comments [identified by DOT Docket No. NHTSA-
2007-0049] by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the online instructions for submitting

comments. Web site: http://dms.dot.gov. Follow the instructions for

submitting comments on the DOT electronic docket site.
    Alternatively, you can file comments using the following methods:
     Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5 p.m. ET, Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading of the Supplementary Information section of this
document. Note that all comments received will be posted without change
to http://dms.dot.gov or http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register.
    Docket: For access to the docket to read background documents or
comments received, go to the street address listed above. The internet
access to the docket will be at http://www.regulations.gov. Follow the

online instructions for accessing the dockets.

FOR FURTHER INFORMATION CONTACT: Complete copies of each request for
collection of information may be obtained at no charge from Ms. Deborah
Mazyck, NHTSA, 1200 New Jersey Avenue, SE., West Building, Room W43-
443, Washington, DC 20590. Ms. Mazyck's telephone number is (202) 366-
4139 and email address is<EMAIL_ADDRESS>Please identify the
relevant collection of information by referring to its OMB Control
Number.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995,
before an agency submits a proposed collection of information to OMB
for approval, it must first publish a document in the Federal Register
providing a 60-day comment period and otherwise consult with members of
the public and affected agencies concerning each proposed collection of
information. The OMB has promulgated regulations describing what must
be included in such a document. Under OMB's regulation (at 5 CFR
1320.8(d)), an agency must ask for public comment on the following:
    (i) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
    (ii) The accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (iii) How to enhance the quality, utility, and clarity of the
information to be collected;
    (iv) How to minimize the burden of the collection of information on
those who are to respond, including 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 compliance with these requirements, NHTSA asks for public
comments on the following previously approved collection of
information:
    Title: Consolidated Labeling Requirements for 49 CFR 541, 565 and
567.
    OMB Control Number: 2127-0510.
    Form Number: None.
    Affected Public: Vehicle manufacturers.
    Requested Expiration Date of Approval: Three years from approval
date.
    Abstract: For Parts 565, 541 and 567.

Parts 565 and 567

    NHTSA's statute at 15 U.S.C. 1392,1397,1401,1407, and 1412 of the
National Traffic and Motor Vehicle Safety Act of 1966 authorizes the
issuance of Federal Motor Vehicle Safety Standard (FMVSS) and the
collection of data which support their implementation. The agency, in
prescribing an FMVSS, is to consider available relevant motor vehicle
safety data and to consult with other agencies as it deems appropriate.
Further, the Act mandates, that in issuing any FMVSS, the agency should
consider whether the standard is reasonable, practicable and
appropriate for the particular type of motor vehicle or item of motor
vehicle equipment for which it is prescribed, and whether such
standards will contribute to carrying out the purpose of the Act. The
Secretary is authorized to revoke such rules and regulations as deemed
necessary to carry out this subchapter. Using this authority, the
agency issued the initial FMVSS No. 115, Vehicle Identification Number,
specifying requirements for vehicle identification numbers to aid the
agency in achieving many of its safety goals.
    The standard was amended in August 1978 by extending its
applicability to additional classes of motor vehicles and by specifying
the use of a 30-year, 17-character Vehicle Identification Number (VIN)
for worldwide use. The standard was amended in May 1983 by deleting
portions of FMVSS No. 115 and reissuing those portions as a general
agency regulation, Part 565. Subsequently, the standard was amended
again in June 1996 transferring the text of the FMVSS No. 115 to Part
565, without making any substantive changes to the VIN requirements as
a result of the proposed consolidation. The provision of the Part 565
(amended) regulation requires vehicle manufacturers to assign a unique
VIN to each new vehicle and to inform NHTSA of the code used in forming
the VIN. These regulations apply to all vehicles: passenger cars,
multipurpose passenger vehicles, trucks, buses, trailers, incomplete
vehicles, and motorcycles.
    NHTSA has proposed amendments to Part 565 to revise certain
sections in order to extend the existing VIN system for another thirty
years, and to ensure a sufficient supply of unique available VINs and
manufacturer identifiers for that time period (72 FR 56027, October 2,
2007). The agency may require information to be provided in a slightly
different way (e.g., vehicle make being transferred from the first to
the second section of the VIN), the scope of the overall reporting
requirement of Part 565 will not change. The agency does not anticipate
an increase or decrease in the collection of information requirements
if these proposals are adopted.
    Part 567 specifies the content and location of, and other
requirements for, the certification label or tag to be affixed to motor
vehicles and motor vehicle equipment. Specifically, the VIN is required
to appear on the certification label. Additionally, this certificate
will provide the consumer with information to assist him or her in
determining which of the Federal Motor Vehicle Safety Standards are
applicable to the vehicle or equipment, and its date of manufacture.
    NHTSA estimates the vehicle manufacturers will incur a decrease in
total annual hour burden of 423,333. The recordkeeping hour burden for
Part 565 and 567 represents a decrease in hour burden because of a
decrease in the number of respondents.
    NHTSA estimates an increase in cost burden of $3,400.00. Due to the
fluctuation of the U.S. economy, there was an increase in cost to
comply with the reporting requirements. The change in cost burden
reflects the 2007 Consumer Price Index as compared to that of 1987.

Part 541

    The Motor Vehicle Information and Cost Savings Act was amended by
the Anti-Car Theft Act of 1992 (Pub. L. 102-519). The enacted Theft Act
requires specified parts of high-theft vehicle to be marked with
vehicle identification numbers. In a final rule published on April 6,
2004, the Federal Motor Vehicle Theft Prevention Standard was extended
to include all passenger cars and multipurpose passenger vehicles with
a gross vehicle weight rating of 6,000 pounds or less, and to light
duty trucks with major parts that are interchangeable with a majority
of the covered major parts of multipurpose passenger vehicles. Each
major component part must be either labeled or affixed with the VIN and
its replacement component part must be marked with the DOT symbol, the
letter (R) and the manufacturers' logo. The final rule became effective
September 1, 2006. Due to expansion of the Federal Motor Vehicle Theft
Prevention Standard (Part 541), all passenger cars, and multipurpose
passenger vehicles with a gross vehicle weight rating of 6,000 pounds
or less, and to light duty trucks with major parts that are
interchangeable with a majority of the covered major parts of
multipurpose passenger vehicles, are required them to be parts marked.
This creates a program change for this collection.
    Part 541 shows an increase in recordkeeping costs because there
will be a greater number of vehicles required to be parts marked
resulting in an additional cost of affixing labels or stamping the VIN
on motor vehicles and startup costs for the manufacturers. NHTSA
estimates the vehicle manufacturers will incur a total cost burden of
$87,550,100 million. NHTSA estimates a decrease in reporting and
recordkeeping hours because there is a more accurate count of the
number of vehicles in compliance with the FMVTPS. However, there is an
increase in the number of target area submissions required by the
vehicle manufacturers. NHTSA estimates the vehicle manufacturers will
incur a net decrease for a total annual hour burden of 502,519.
    Estimated Annual Burden: The overall total estimated annual hour
burden for this collection is 925,852. The overall total estimated cost
burden for this collection is $87,553,500 million.
    Number of Respondents: The total number of respondents for this
collection (Part 541, 565 and Part 567) is 4,000.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimate of the burden of the
proposed information collection; ways to enhance the quality, utility
and clarity of the information to be collected; and ways to minimize
the burden of the collection of information on respondents, including
the use of automated collection techniques or other forms of
information technology.

    Issued on: December 20, 2007.
Julie Abraham,
Director, International Policy Fuel Economy and Consumer Programs.
[FR Doc. E7-25209 Filed 12-27-07; 8:45 am]

BILLING CODE 4910-59-P