[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Notices]
[Pages 57892-57893]
[FR Doc No: 2020-20362]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89824; File No. SR-NYSEArca-2020-83]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Rule 7.37-
E To Update the Exchange's Source of Data Feeds From MIAX PEARL, LLC

September 10, 2020.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on September 3, 2020, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 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 to amend Rule 7.37-E to update the Exchange's
source of data feeds from MIAX PEARL, LLC (``MIAX PEARL'') for purposes
of order handling, order execution, order routing, and regulatory
compliance. The proposed rule change is available on the Exchange's
website at www.nyse.com, at the principal office of the Exchange, 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 self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    The Exchange proposes to update and amend the use of data feeds
table in Rule 7.37-E, which sets forth on a market-by-market basis the
specific securities information processor (``SIP'') and proprietary
data feeds that the Exchange utilizes for the handling, execution, and
routing of orders, and for performing the regulatory compliance checks
related to each of those functions. Specifically, the Exchange proposes
to amend the table in Rule 7.37-E(d) to specify that, with respect to
MIAX PEARL, the Exchange will receive the SIP feed as its primary
source of data for order handling, order execution, order routing, and
regulatory compliance. The Exchange will not have a secondary source
for data from MIAX PEARL.
    The Exchange proposes that this proposed rule change would be
operative on the day that MIAX PEARL launches operations as an equities
exchange, which is currently expected on September 25, 2020.\4\
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    \4\ See https://www.miaxoptions.com/sites/default/files/press_release-files/MIAX_Press_Release_08182020.pdf.
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\5\ in general, and furthers the objectives of Section 6(b)(5),\6\
in particular, because it is 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 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. The Exchange believes its proposal to amend the
table in Rule 7.37-E(d) to update the data feed source for MIAX PEARL
will ensure that Rule 7.37-E correctly identifies and publicly states
on a market-by-market basis all of the specific securities information
processor and proprietary data feeds that the Exchange utilizes for the
handling, execution, and routing of orders, and for performing the
regulatory compliance checks for each of those functions. The proposed
rule change also removes impediments to and perfects the mechanism of a
free and open market and protects investors and the public interest by
providing additional specificity, clarity, and transparency in the
Exchange's rules.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
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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 change is not
designed to address any competitive issue, but rather would provide the
public and market participants with up-to-date information about the
data feeds the Exchange will use for the handling, execution, and
routing of orders, as well as for regulatory compliance.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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 \7\ and Rule 19b-
4(f)(6) thereunder.\8\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \9\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \10\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the

public interest. The Exchange has asked the Commission to waive the 30-
day operative delay so that the proposed rule change may become
operative immediately. According to the Exchange, such waiver is
consistent with the protection of investors and the public interest
because MIAX PEARL is expected to begin operating as an equities
exchange in fewer than 30 days, and waiver of the operative delay would
allow the Exchange to immediately provide transparency in its rules
regarding its source of MIAX PEARL data for order handling, order
execution, order routing, and regulatory compliance. The Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest, as doing so will
ensure that the rule change becomes operative on or before the day that
MIAX PEARL launches operations as an equities exchange, which is
currently expected on September 25, 2020. Accordingly, the Commission
hereby waives the operative delay and designates the proposed rule
change operative upon filing.\11\
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    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of such 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 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_ADDRESS>Please include
File Number SR-NYSEArca-2020-83 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-NYSEArca-2020-83. 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 10:00 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-NYSEArca-2020-83 and should be submitted
on or before October 7, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-20362 Filed 9-15-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 171 (Tuesday, September 4, 2012)]
[Notices]
[Pages 53892-53893]
[FR Doc No: 2012-21652]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-P-0458]

Determination That ALOXI (Palonosetron Hydrochloride) Capsules,
0.5 Milligram (Base), Were Not Withdrawn From Sale for Reasons of
Safety or Effectiveness

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) has determined that
ALOXI (palonosetron hydrochloride (HCl)) Capsules, 0.5 milligram (mg)
(base), were not withdrawn from sale for reasons of safety or
effectiveness. This determination will allow FDA to approve abbreviated
new drug applications (ANDAs) for palonosetron HCl capsules, 0.5 mg
(base), if all other legal and regulatory requirements are met.

FOR FURTHER INFORMATION CONTACT: Molly Flannery, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6246, Silver Spring, MD 20993-0002, 301-
796-3543.

SUPPLEMENTARY INFORMATION: In 1984, Congress enacted the Drug Price
Competition and Patent Term Restoration Act of 1984 (Pub. L. 98-417)
(the 1984 amendments), which authorized the approval of duplicate
versions of drug products under an ANDA procedure. ANDA applicants
must, with certain exceptions, show that the drug for which they are
seeking approval contains the same active ingredient in the same
strength and dosage form as the ``listed drug,'' which is a version of
the drug that was previously approved. ANDA applicants do not have to
repeat the extensive clinical testing otherwise necessary to gain
approval of a new drug application (NDA). The only clinical data
required in an ANDA are data to show that the drug that is the subject
of the ANDA is bioequivalent to the listed drug.
    The 1984 amendments include what is now section 505(j)(7) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)), which
requires FDA to publish a list of all approved drugs. FDA publishes
this list as part of the ``Approved Drug Products With Therapeutic
Equivalence Evaluations,'' which is known generally as the ``Orange
Book.'' Under FDA regulations, drugs are removed from the list if the
Agency withdraws or suspends approval of the drug's NDA or ANDA for
reasons of safety or effectiveness or if FDA determines that the listed
drug was withdrawn from sale for reasons of safety or effectiveness (21
CFR 314.162).
    A person may petition the Agency to determine, or the Agency may
determine on its own initiative, whether a listed drug was withdrawn
from sale for reasons of safety or effectiveness. This determination
may be made at any time after the drug has been withdrawn from sale,
but must be made prior to approving an ANDA that refers to the listed
drug (Sec.  314.161 (21 CFR 314.161)). FDA may not approve an ANDA that
does not refer to a listed drug.
    ALOXI (palonosetron HCl) Capsules, 0.5 mg (base), is the subject of
NDA 22-233, held by Helsinn Healthcare, and initially approved on
August 22, 2008. ALOXI is indicated for the prevention of acute nausea
and vomiting associated with initial and repeat courses of moderately
emetogenic cancer chemotherapy.
    Helsinn Healthcare has never marketed ALOXI (palonosetron HCl)
Capsules, 0.5 mg (base). In previous instances (see, e.g., 72 FR 9763,
March 5, 2007; 61 FR 25497, May 21, 1996), the Agency has determined
that, for purposes of Sec. Sec.  314.161 and 314.162, never marketing
an approved drug product is equivalent to withdrawing the drug from
sale.
    Lachman Consultant Services, Inc. submitted a citizen petition
dated May 7, 2012 (Docket No. FDA-2012-P-0458), under 21 CFR 10.30,
requesting that the Agency determine whether ALOXI (palonosetron HCl)
Capsules, 0.5 mg (base), were withdrawn from sale for reasons of safety
or effectiveness.
    After considering the citizen petition and reviewing Agency records
and based on the information we have at this time, FDA has determined
under Sec.  314.161 that ALOXI (palonosetron HCl) Capsules, 0.5 mg
(base), were not withdrawn for reasons of safety or effectiveness. The
petitioner has identified no data or other information suggesting that
ALOXI (palonosetron HCl) Capsules, 0.5 mg (base), were withdrawn for
reasons of safety or effectiveness. We have carefully reviewed our
files for records concerning the withdrawal of ALOXI (palonosetron HCl)
Capsules, 0.5 mg (base), from sale. We have also independently
evaluated relevant literature and data for possible postmarketing
adverse events. We have found no information that would indicate that
this product was withdrawn from sale for reasons of safety or
effectiveness.
    Accordingly, the Agency will continue to list ALOXI (palonosetron
HCl) Capsules, 0.5 mg (base), in the ``Discontinued Drug Product List''
section of the Orange Book. The ``Discontinued Drug Product List''
delineates, among other items, drug products that have been
discontinued from marketing for reasons other than safety or
effectiveness. ANDAs that refer to ALOXI (palonosetron HCl) Capsules,
0.5 mg (base), may be approved by the Agency as long as they meet all
other legal and regulatory requirements for the approval of ANDAs. If
FDA determines that labeling for this drug product should be revised to
meet current standards, the Agency will advise ANDA applicants to
submit such labeling.

    Dated: August 27, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-21652 Filed 8-31-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 82, Number 199 (Tuesday, October 17, 2017)]
[Notices]
[Pages 48220-48221]
[FR Doc No: 2017-22460]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG18-6-000.
    Applicants: PowerFin ASL 1, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of PowerFin ASL 1, LLC.
    Filed Date: 10/11/17.
    Accession Number: 20171011-5088.
    Comments Due: 5 p.m. ET 11/1/17.

    Docket Numbers: EG18-7-000.
    Applicants: PowerFin SolarMundo, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of PowerFin SolarMundo, LLC.
    Filed Date: 10/11/17.
    Accession Number: 20171011-5089.
    Comments Due: 5 p.m. ET 11/1/17.

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

    Docket Numbers: ER10-2398-006; ER10-2399-006; ER14-1933-006; ER10-
2406-007; ER10-2409-006; ER10-2410-006; ER10-2411-007; ER10-2412-007;
ER17-1315-003; ER10-2414-007; ER11-2935- 008; ER16-1724-003; ER13-1816-
007.
    Applicants: Blackstone Wind Farm, LLC, Blackstone Wind Farm II LLC,
Headwaters Wind Farm LLC, High Trail Wind Farm, LLC, Meadow Lake Wind
Farm LLC, Meadow Lake Wind Farm II LLC, Meadow Lake Wind Farm III LLC,
Meadow Lake Wind Farm IV LLC, Meadow Lake Wind Farm V LLC, Old Trail
Wind Farm, LLC, Paulding Wind Farm II LLC, Paulding Wind Farm III LLC,
Sustaining Power Solutions LLC.
    Description: Notice of Non-Material Change in Status of Blackstone
Wind Farm, LLC, et. al.
    Filed Date: 10/10/17.
    Accession Number: 20171010-5383.
    Comments Due: 5 p.m. ET 10/31/17.

    Docket Numbers: ER10-3246-008; ER10-2475-013; ER10-2474-013; ER13-
1266-008.

    Applicants: PacifiCorp, Nevada Power Company, Sierra Pacific Power
Company, CalEnergy, LLC.
    Description: Errata to June 30, 2016 Triennial Market Power
Analysis and Supplement for the Northwest Region of the BHE Northwest
Companies.
    Filed Date: 10/6/17.
    Accession Number: 20171006-5119.
    Comments Due: 5 p.m. ET 10/27/17.

    Docket Numbers: ER17-2179-001.
    Applicants: California Independent System Operator Corporation.
    Description: Compliance filing: 2017-10-10 Remove Conceptual
Statewide Plan Compliance to be effective 9/27/2017.
    Filed Date: 10/10/17.
    Accession Number: 20171010-5344.
    Comments Due: 5 p.m. ET 10/31/17.

    Docket Numbers: ER17-2379-001.
    Applicants: Arizona Public Service Company.
    Description: Tariff Amendment: Administrative Filing Amendment for
ER17-2379-000 to be effective 8/30/2017.
    Filed Date: 10/11/17.
    Accession Number: 20171011-5170.
    Comments Due: 5 p.m. ET 11/1/17.

    Docket Numbers: ER18-49-000.
    Applicants: Arizona Public Service Company.
    Description: Sec.  205(d) Rate Filing: Service Agreement
Recollation to be effective 10/10/2017.
    Filed Date: 10/10/17.
    Accession Number: 20171010-5250.
    Comments Due: 5 p.m. ET 10/31/17.

    Docket Numbers: ER18-50-000.
    Applicants: Arizona Public Service Company.
    Description: Sec.  205(d) Rate Filing: Administrative Filing
Amendment for ER17-2379-000 to be effective 8/30/2017.
    Filed Date: 10/10/17.
    Accession Number: 20171010-5265.
    Comments Due: 5 p.m. ET 10/31/17.

    Docket Numbers: ER18-51-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Interconnection Service
Agreement No. 3808, Queue No. AB2-050 to be effective 9/7/2017.
    Filed Date: 10/10/17.
    Accession Number: 20171010-5285.
    Comments Due: 5 p.m. ET 10/31/17.

    Docket Numbers: ER18-52-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original Service Agreement
No. 4795; Queue AC2-139 (WMPA) to be effective 9/8/2017.
    Filed Date: 10/10/17.
    Accession Number: 20171010-5291.
    Comments Due: 5 p.m. ET 10/31/17.

    Docket Numbers: ER18-54-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: Balancing Accounts Update
2018 (TRBAA, RSBAA, ECRBAA) to be effective 1/1/2018.
    Filed Date: 10/10/17.
    Accession Number: 20171010-5332.
    Comments Due: 5 p.m. ET 10/31/17.

    Docket Numbers: ER18-55-000.
    Applicants: MP2 Energy LLC.
    Description: Sec.  205(d) Rate Filing: Notice of Change in Category
Seller Status to be effective 10/12/2017.
    Filed Date: 10/11/17.
    Accession Number: 20171011-5083.
    Comments Due: 5 p.m. ET 11/1/17.

    Docket Numbers: ER18-56-000.
    Applicants: Midcontinent Independent System Operator, Inc.,
Consumers Energy Company.
    Description: Sec.  205(d) Rate Filing: 2017-10-11 Consumers Energy
Company's Transmission Depreciation Rates Filing to be effective 1/1/
2018.
    Filed Date: 10/11/17.
    Accession Number: 20171011-5087.
    Comments Due: 5 p.m. ET 11/1/17.

    Docket Numbers: ER18-57-000.
    Applicants: MP2 Energy NE LLC.
    Description: Sec.  205(d) Rate Filing: Notice in Change in Category
Seller to be effective 10/12/2017.
    Filed Date: 10/11/17.
    Accession Number: 20171011-5091.
    Comments Due: 5 p.m. ET 11/1/17.

    Docket Numbers: ER18-58-000.
    Applicants: Dyon LLC.
    Description: Tariff Cancellation: Notice of Cancellation to be
effective 10/12/2017.
    Filed Date: 10/11/17.
    Accession Number: 20171011-5148.
    Comments Due: 5 p.m. ET 11/1/17.

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

    Dated: October 11, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-22460 Filed 10-16-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 201 (Tuesday, October 18, 2011)]
[Notices]
[Pages 64423-64424]
[FR Doc No: 2011-26936]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0279]

Agency Information Collection Activities; Emergency Approval of a
New Information Collection: Motorcoach Passenger and Driver Survey:
Motorcoach Safety and Pre-Trip Safety Awareness and Emergency
Preparedness Information

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice and request for information.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces that the Information Collection Request (ICR) described below
will be submitted to the Office of Management and Budget (OMB) for
emergency approval. FMCSA requests approval of this ICR by 30 days from
the publication of this notice. The purpose of this information
collection is to assess the current levels of voluntary compliance by
motorcoach operators to provide pre-trip safety awareness and emergency
preparedness information to passengers and to obtain passenger opinions
of the implementation of the pre-trip program and any recommended
improvements. The Department of Transportation (DOT) and FMCSA will use
this data to further inform future policy and regulatory decisions, as
well as other initiatives to improve motorcoach safety in the United
States.

DATES: Please send your comments by November 17, 2011.

ADDRESSES: All comments should reference Federal Docket Management
System (FDMS) Docket Number FMCSA-2011-0297. Interested persons are
invited to submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the attention
of the Desk Officer, Department of Transportation/Federal Motor Carrier
Safety Administration, and sent via electronic mail to http://www.regulations.gov or faxed to<PHONE_NUMBER>, or mailed to the Office
of Information and Regulatory Affairs, Office of Management and Budget,
Docket Library, Room 10102, 725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Dee Williams, Office of Policy, Plans,
and Regulations, Strategic Planning and Program Evaluation Division
Chief, U.S.

Department of Transportation, Federal Motor Carrier Safety
Administration, 6th Floor, West Building, 1200 New Jersey Avenue, SE.,
Washington, DC 20590-0001. Telephone:<PHONE_NUMBER>; E-mail Address:
<EMAIL_ADDRESS>Office hours are from 9 a.m. to 5 p.m., Monday
through Friday, except Federal Holidays.

SUPPLEMENTARY INFORMATION:
    Title: Motorcoach Passenger and Driver Survey: Motorcoach Safety
and Pre-Trip Safety Awareness and Emergency Preparedness Information.
    OMB Control Number: 2126-XXXX.
    Type of Request: New information collection.
    Respondents: Motorcoach passengers and drivers.
    Estimated Number of Respondents: 1,050 respondents.
    Estimated Time per Response: 10 minutes.
    Form Numbers: Form MCSA-5868, Motorcoach Passenger Survey: Pre-Trip
Safety Awareness and Emergency Preparedness Information--To collect
motorcoach passengers' responses during five one-shot in-person survey
events.
    Form MCSA-5869, Motorcoach Driver Survey: Pre-Trip Safety Awareness
and Emergency Preparedness Information--To collect motorcoach drivers'
responses during five one-shot in-person survey events.
    Expiration Date: N/A. This is a new information collection.
    Frequency of Response: One-time.
    Estimated Total Annual Burden: 175 hours [1,050 respondents x 10
minutes/60 minutes = 175 hours].

Background

    Due to several recent fatal motorcoach crashes, Congress, DOT,
specifically FMCSA, and other Federal oversight agencies, including the
National Transportation Safety Board (NTSB), are increasing their
scrutiny over the motorcoach industry and the enforcement of and
compliance with the Federal Motor Carrier Safety Regulations (FMCSRs).
NTSB issued a Safety Recommendation to DOT, H-99-08, requiring
motorcoach operators to provide passengers with pre-trip safety
awareness information. This recommendation resulted from NTSB's
investigation of two motorcoach crashes from the late 1990s which
revealed that passengers felt a general sense of panic not knowing what
to do on a motorcoach in the case of an emergency. The intent of the
recommendation is to empower passengers to take their personal safety
into their own hands in the event of an imminent hazard or emergency
situation. To address the recommendations issued by NTSB, FMCSA formed
a work group that included representatives from the motorcoach
industry, motorcoach manufacturers, insurance industry, safety
consulting industry, trade associations, State agencies, and other
Federal regulatory agencies. The work group decided to address the
recommendation by having the motorcoach industry provide pre-trip
safety briefings on a voluntary basis.
    FMCSA is concerned about the accuracy of self-reported data
provided by motorcoach operators and requires third party validation of
industry efforts to provide this information to passengers, as well as
the effectiveness of the means by which the information is being
provided. Currently, compliance is measured during FMCSA's National
Passenger Carrier Strike Forces. The data received from these Strike
Forces has shown increased adoption levels, however this data is based
solely on input from the motorcoach companies and not actual
passengers. FMCSA would like to verify that voluntary compliance
continues to increase, using different sources, and also collect
information on the effectiveness of compliance. FMCSA intends to use
this data to address passenger concerns and to provide NTSB and
Congress with additional data on voluntary compliance levels.
    The goals and objectives of this survey are to assess the current
levels of voluntary compliance by motorcoach operators and to obtain
passenger opinions of the implementation of the pre-trip safety
awareness and emergency preparedness information. This will help
eliminate any self-reporting biases by the motorcoach companies; and
determine whether the pre-trip safety information is being provided and
if it is effective. The Form MCSA-5868 will be used to survey
motorcoach passengers and the Form MCSA-5869 will be used to survey
motorcoach drivers. The DOT and FMCSA will use this data to further
inform future policy and regulatory decisions, as well as other
initiatives to improve motorcoach safety in the United States.

Public Comments Invited

    The Agency requests emergency processing of this information
request. The information collection is essential to FMCSA's safety
mission: to reduce crashes, injuries, and fatalities involving large
trucks and buses. Expedited review is necessary so FMCSA can use the
results to further inform Departmental and Agency efforts currently
underway to improve passenger safety. In light of recent fatal crashes,
FMCSA believes delay in collection of this information could result in
harm to motorcoach passenger safety. You are asked to comment on any
aspect of this information collection, including: (1) Whether the
proposed collection is necessary for the performance of FMCSA's
functions; (2) the accuracy of the estimated burden; (3) ways for FMCSA
to enhance the quality, usefulness, and clarity of the collected
information; and (4) ways that the burden could be minimized without
reducing the quality of the collected information.

    Issued on: October 12, 2011.
Kelly Leone,
Associate Administrator for Research and Information Technology.
[FR Doc. 2011-26936 Filed 10-17-11; 8:45 am]
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[Federal Register: July 8, 2010 (Volume 75, Number 130)]
[Proposed Rules]
[Page 39197-39200]
[DOCID:fr08jy10-29]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0600]
RIN 1625-AA00

Safety Zone; Fireworks Display, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes the establishment of a temporary
safety zone covering specified waters of the Willamette River bounded
by the Hawthorne Bridge to the north, Marquam Bridge to the south, and
the shoreline to the east and west in support of the Oregon Symphony
Celebration Fireworks Display, Portland, Oregon. The safety zone is
necessary to help ensure the safety of the maritime public during the
event and will do so by prohibiting all persons and vessels from
entering the safety zone unless authorized by the Captain of the Port
or his designated representative.

DATES: Comments and related material must be received by the Coast
Guard on or before August 9, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0600 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section

below for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail MST1 Jaime Sayers, Waterways Management Division,
Coast Guard Sector Portland; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0600), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-0600'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0600'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of 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 a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Basis and Purpose

    The Oregon Symphony Celebration Fireworks display is an annual
event. The display has an established safety zone in 33 CFR
165.1315(a)(7) but the established safety zone covers an event which is
to be held in the month of August. The display this year will take
place during the month of September. Due to the inherent dangers
associated with such events, the safety zone created by this rule is
necessary to help ensure the safety of the maritime public and will do
so by prohibiting all persons and vessels from coming too close to the
fireworks display and its associated hazards.

Discussion of Proposed Rule

    The proposed rule would suspend 33 CFR 165.1315(a)(7) until 10 p.m.
on September 2, 2010. This proposed rule establishes a temporary safety
zone covering specified waters of the Willamette River in the vicinity
of Portland, Oregon. Specifically, the safety zone would include all
waters of the Willamette River bounded by the Hawthorne Bridge to the
north, the Marquam Bridge to the south, and the shoreline to the east
and west from 7 p.m. until 10 p.m. on September 2, 2010. All persons
and vessels will be prohibited from entering the safety zone unless
authorized by the Captain of the Port or his designated representative.

Regulatory Analyses

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

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. The Coast Guard has made
this determination because the safety zone will only be in effect for 3
hours on one day and maritime traffic may be able to transit the zone
with permission of the Captain of the Port or his designated
representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This rule may affect the following entities
some of which may be small entities: the owners or operators of vessels
wishing to transit the safety zone established by this rule. The rule

will not have a significant economic impact on a substantial number of
small entities, however, because the safety zone will only be in effect
for 3 hours on one day and maritime traffic may be able to transit the
zone with permission of the Captain of the Port or his designated
representative.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 MST1 Jaime Sayers. The Coast
Guard will not retaliate against small entities that question or
complain about this proposed rule or any policy or action of the Coast
Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. Therefore, this rule is
categorically excluded, under section 2.B.2 Figure 2-1, paragraph 34(g)
of the Instruction and neither an environmental assessment nor an
environmental impact statement is required. A preliminary environmental
analysis checklist supporting this determination is available in the
docket where indicated under ADDRESSES. This proposed rule involves the
establishment of a temporary safety zone. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

Sec.  165.1315(a)(7)  [Suspended]

    2. Section 165.1315(a)(7) is suspended until 10 p.m. on September
2, 2010.
    3. A new temporary Sec.  165.T13-149 is added from 7 p.m. to 10
p.m. on September 2, 2010 to read as follows:

Sec.  165.T13-149   Safety Zone; Fireworks Display, Portland, OR.

    (a) Location. The following area is a safety zone: All waters of
the Willamette River bounded by the Hawthorne Bridge to the north, the
Marquam Bridge to the south, and the shoreline to the east and west.
    (b) Regulations. In accordance with the general regulations in 33
CFR part 165, Subpart C, no person or vessel may enter or remain in the
safety zone created by this section without the permission of the
Captain of the Port or his designated representative. Designated
representatives are Coast Guard personnel authorized by the Captain of
the Port to grant persons or vessels permission to enter or remain in
the safety zone created by this section. See 33 CFR Part 165, Subpart
C, for additional information and requirements.
    (c) Enforcement Period. The safety zone created by this section
will be enforced from 7 p.m. until 10 p.m. on September 2, 2010.

    Dated: June 22, 2010.
F.G. Myer,
Captain, U.S. Coast Guard, Captain of the Port, Portland.
[FR Doc. 2010-16585 Filed 7-7-10; 8:45 am]
BILLING CODE 9110-04-P