[Federal Register Volume 85, Number 221 (Monday, November 16, 2020)]
[Notices]
[Page 73035]
[FR Doc No: 2020-25208]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 15035-000]

Premium Energy Holdings, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On June 9, 2020, Premium Energy Holdings LLC, filed an application
for a preliminary permit, pursuant to section 4(f) of the Federal Power
Act (FPA), proposing to study the feasibility of the Isabella Pumped
Storage Project (Isabella Project or project), a closed-loop pumped
storage project to be located in Kern County, California. The sole
purpose of a preliminary permit, if issued, is to grant the permit
holder priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land-disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The proposed project would consist of the following: (1) An upper
reservoir created by a new dam at one of three alternative locations in
the Southern Sierra Nevada Mountains with a capacity between 19,073 and
34,459 acre-feet, at an elevation between 4,500 and 5,960 feet above
mean sea level; (2) a tunnel system of steel penstocks and concrete
pressurized tunnels to connect the upper and lower reservoirs to the
powerhouse; (3) pump-turbine units in an underground powerhouse with
generation capacity of 2,000 megawatts located at one of the three
alternative locations; (4) a cavern of the transformers chamber
adjacent to the powerhouse; (5) the existing Isabella Reservoir, to be
used as the lower reservoir, with a storage capacity of 568,000 acre-
feet, at an elevation of 2,580 feet above mean sea level; (6)
electrical switchyards and interconnecting transmission lines from the
powerhouse to the nearest major transmission interconnection at one of
the six alternative locations; and (7) appurtenant facilities. The
estimated average annual generation of the Isabella Project would be
6,900 gigawatt-hours.
    Applicant Contact: Victor M. Rojas, Premium Energy Holdings, 355
South Lemon Avenue, Suite A, Walnut, California 91789; phone: (909)
595-5314.
    FERC Contact: Khatoon Melick,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 Days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at https://ferconline.ferc.gov/QuickComment.aspx. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852. The first page of any filing should include docket
number P-15035-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-15035) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: November 9, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-25208 Filed 11-13-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 13, 2010 (Volume 75, Number 156)]
[Notices]
[Page 49497]
[DOCID:fr13au10-59]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0305]

John Bonnes: Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is issuing an order
under the Federal Food, Drug, and Cosmetic Act (the act) debarring John
Bonnes for a period of 5 years from importing articles of food or
offering such articles for importation into the United States. FDA
bases this order on a finding that Mr. Bonnes was convicted of a felony
under Federal law for conduct relating to the importation into the
United States of an article of food. Mr. Bonnes has notified FDA that
he acquiesces to debarment, and therefore has waived his opportunity
for a hearing concerning this action.

DATES: This order is effective April 19, 2010.

ADDRESSES: Submit applications for termination of debarment to the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT:  Kenny Shade, Division of Compliance
Policy (HFC-230), Office of Enforcement, Office of Regulatory Affairs,
Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857,
240-632-6844.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(b)(1)(C) of the act (21 U.S.C. 335a(b)(1)(C)) permits
FDA to debar an individual from importing an article of food or
offering such article for import into the United States if FDA finds,
as required by section 306(b)(3)(A) of the act (21 U.S.C.
335a(b)(3)(A)), that the individual has been convicted of a felony
under Federal law for conduct relating to the importation into the
United States of any food. Section 306(l)(1)(C) of the act (21 U.S.C.
335a(l)(1)(C)) provides that, for purposes of section 306, a person is
considered to have been convicted of a criminal offense ``when the
person has entered into participation in a first offender, deferred
adjudication, or other similar arrangement or program where judgment of
conviction has been withheld.''
    On April 17, 2010, Mr. Bonnes entered into a deferred prosecution
agreement with the United States Attorney's Office, Eastern District of
New York. FDA's finding that debarment is appropriate is based on the
following facts, as set forth in the deferred prosecution agreement.
Between April 1, 2006, and August 1, 2006, Mr. Bonnes did knowingly and
willfully make materially false, fictitious, and fraudulent statements
and representations, in a matter within the jurisdiction of the
executive branch of the Government of the United States, in violation
of 18 U.S.C. 1001(a)(2). Specifically, Mr. Bonnes' company, Ameritech
Laboratories, provided seventeen certificates of analysis to a client
certifying that fresh produce the client wished to import into the
United States from the Dominican Republic was free of any pesticides.
Mr. Bonnes signed each of the certificates of analysis as the director
of Ameritech Laboratories.
    Each of these certificates of analysis was false. Although the
certificates stated that Ameritech Laboratories performed pesticide
tests on the produce, Ameritech Laboratories did not perform a chemical
analysis to certify that the produce was free of any pesticides. Mr.
Bonnes knew at the time he prepared the certificates that they were
false, and he also knew that the client intended to submit certificates
to FDA's District Office in Queens, New York, in support of importing
the produce into the United States for sale as human food.
    Mr. Bonnes' actions and his deferred prosecution agreement make him
subject to permissive debarment as described under section 306(b)(3)(A)
of the act. Pursuant to the deferred prosecution agreement, Mr. Bonnes
expressly acquiesced to permissive debarment under section 306(b)(1)(C)
of the act for the conduct described in this document. In accordance
with section 306(c)(2)(B) of the act (21 U.S.C. 335a(c)(2)(B)), Mr.
Bonnes notified FDA of his acquiescence to debarment in a letter dated
April 19, 2010. A person subject to debarment is entitled to an
opportunity for an agency hearing on disputed issues of material fact
under section 306(i) of the act (21 U.S.C. 335a(i)), but by acquiescing
to debarment Mr. Bonnes waived his opportunity for a hearing and to
raise any contentions concerning his debarment. The maximum period of
debarment under section 306(c)(2)(A)(iii) of the act (21 U.S.C.
335a(c)(2)(A)(iii)) is 5 years. FDA concludes that the nature and scope
of Mr. Bonnes' conduct supports the maximum possible period of
debarment.

II. Findings and Order

    Therefore, the Director, Office of Enforcement, Office of
Regulatory Affairs, under section 306(b)(1)(C) of the act, under
authority delegated to the Director (Staff Manual Guide 1410.35), finds
that Mr. John Bonnes has entered into a deferred prosecution agreement
as the result of conduct relating to the importation of an article of
food into the United States that makes him subject to permissive
debarment.
    As a result of the foregoing finding, Mr. Bonnes is debarred for a
period of 5 years from importing articles of food or offering such
articles for import into the United States, effective (see DATES).
Under section 301(cc) of the act (21 U.S.C. 331(cc)), the importing or
offering for import into the United States of an article of food by,
with the assistance of, or at the direction of Mr. Bonnes is a
prohibited act.
    Any application by Mr. Bonnes for termination of debarment under
section 306(d)(1) of the act should be identified with Docket No. FDA-
2010-N-0305 and sent to the Division of Dockets Management (see
ADDRESSES). All such submissions are to be filed in four copies. The
public availability of information in these submissions is governed by
21 CFR 10.20(j).
    Publicly available submissions may be seen in the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: August 2, 2010.
Howard R. Sklamberg,
Director, Office of Enforcement, Office of Regulatory Affairs.
[FR Doc. 2010-19981 Filed 8-12-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register Volume 86, Number 113 (Tuesday, June 15, 2021)]
[Notices]
[Pages 31731-31733]
[FR Doc No: 2021-12463]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0042]

TUV Rheinland of North America, Inc.: Applications for Expansion
of Recognition

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

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces the applications of TUV
Rheinland of North America, Inc., for expansion of the scope of
recognition as a Nationally Recognized Testing Laboratory (NRTL) and
presents the agency's preliminary finding to grant the applications.

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of

time to make a submission, on or before June 30, 2021.

ADDRESSES: Comments may be submitted as follows:
    Electronically: You may submit comments, including attachments,
electronically at http://www.regulations.gov, the Federal eRulemaking
Portal. Follow the online instructions for submitting comments.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov. Documents in the docket are
listed in the http://www.regulations.gov index; however, some
information (e.g., copyrighted material) is not publicly available to
read or download through the website. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office. Contact the OSHA Docket Office for assistance in
locating docket submissions.
    Instructions: All submissions must include the agency name and the
OSHA docket number for this Federal Register notice (OSHA-2007-0042).
OSHA will place comments and requests to speak, including personal
information, in the public docket, which may be available online.
Therefore, OSHA cautions interested parties about submitting personal
information such as Social Security numbers and birthdates. For further
information on submitting comments, see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
    Extension of comment period: Submit requests for an extension of
the comment period on or before June 30, 2021 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor; or by fax to (202)
693-1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor; telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor; phone:
(202) 693-2110 or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    OSHA is providing notice that TUV Rheinland of North America, Inc.
(TUVRNA) is applying for an expansion of current recognition as a NRTL.
TUVRNA requests the addition of eleven test standards to the NRTL scope
of recognition.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within the
scope of recognition. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by the
applicable test standard and (2) the recognized site(s) that has/have
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope.
Recognition is not a delegation or grant of government authority;
however, recognition enables employers to use products approved by the
NRTL to meet OSHA standards that require product testing and
certification.
    The agency processes applications by a NRTL for initial recognition
and for an expansion or renewal of this recognition, following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides the preliminary finding. In the second notice,
the agency provides the final decision on the application. These
notices set forth the NRTL's scope of recognition or modifications of
that scope. OSHA maintains an informational web page for each NRTL,
including TUVRNA, which details the NRTL's scope of recognition. These
pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    TUVRNA currently has eight facilities (sites) recognized by OSHA
for product testing and certification, with the headquarters located
at: TUV Rheinland of North America, Inc., 12 Commerce Road, Newtown,
Connecticut 06470. A complete list of TUVRNA sites recognized by OSHA
is available at https://www.osha.gov/dts/otpca/nrtl/tuv.html.

II. General Background on the Application

    TUVRNA submitted an application, dated February 6, 2019 (OSHA-2007-
0042-0050), to expand their recognition to include the addition of nine
test standards. TUVRNA submitted a second application, dated September
27, 2019 (OSHA-2007-0042-0051), to expand their recognition to include
the addition of five test standards. The first application was amended
on May 3, 2021, to remove three standards from the original expansion
request for nine standards. OSHA staff performed a detailed analysis of
the application packets and reviewed other pertinent information. OSHA
did not perform any on-site reviews in relation to these applications.
    Table 1 lists the appropriate test standards found in TUVRNA's
applications for expansion of the scope of recognition under the NRTL
Program.

  Table 1--Proposed List of Appropriate Test Standards for Inclusion in
                   TUVRNA's NRTL Scope of Recognition
------------------------------------------------------------------------
            Test standard                     Test standard title
------------------------------------------------------------------------
UL 60745-2-3.........................  Particular Requirements for
                                        Grinders, Polishers and Disk-
                                        Type Sanders.
UL 60745-2-13........................  Particular Requirements for Chain
                                        Saws.
UL 60745-2-15........................  Particular Requirements for Hedge
                                        Trimmers.
UL 2594..............................  Standard for Electric Vehicle
                                        Supply Equipment.
UL 61800-5-1.........................  Adjustable Speed Electrical Power
                                        Drive Systems--Part 5-1: Safety
                                        Requirements--Electrical,
                                        Thermal and Energy.
UL 3703..............................  Standard for Solar Trackers.
UL 943B..............................  Appliance Leakage--Current
                                        Interrupters.
UL 962A..............................  Standard for Furniture Power
                                        Distribution Units.
UL 1059..............................  Standard for Terminal Blocks.
UL 1449..............................  Standard for Surge Protective
                                        Devices.

UL 60730-2-9.........................  Standard for Automatic Electrical
                                        Controls--Part 2-9: Particular
                                        Requirements for Temperatures
                                        Sensing Controls.
------------------------------------------------------------------------

III. Preliminary Finding on the Applications

    TUVRNA submitted acceptable applications for expansion of the scope
of recognition. OSHA's review of the application files indicates that
TUVRNA can meet the requirements prescribed by 29 CFR 1910.7 for
expanding recognition to include the addition of these eleven test
standards for NRTL testing and certification. This preliminary finding
does not constitute an interim or temporary approval of TUVRNA's
applications.
    OSHA welcomes public comment as to whether TUVRNA meets the
requirements of 29 CFR 1910.7 for expansion of recognition as a NRTL.
Comments should consist of pertinent written documents and exhibits.
Commenters needing more time to comment must submit a request in
writing, stating the reasons for the request by the due date for
comments. OSHA will limit any extension to 10 days unless the requester
justifies a longer time period. OSHA may deny a request for an
extension if it is not adequately justified. To obtain or review copies
of the exhibits identified in this notice, as well as comments
submitted to the docket, contact the Docket Office, Occupational Safety
and Health Administration, U.S. Department of Labor. These materials
also are available online at https://www.regulations.gov under Docket
No. OSHA-2007-0042.
    OSHA staff will review all comments to the docket submitted in a
timely manner. After addressing the issues raised by these comments,
staff will make a recommendation to the Assistant Secretary of Labor
for Occupational Safety and Health on whether to grant TUVRNA's
applications for expansion of the scope of recognition. The Assistant
Secretary will make the final decision on granting the applications. In
making this decision, the Assistant Secretary may undertake other
proceedings prescribed in Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of the final decision in the
Federal Register.

Authority and Signature

    James S. Frederick, Acting Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW, Washington,
DC 20210, authorized the preparation of this notice. Accordingly, the
agency is issuing this notice pursuant to Section 29 U.S.C. 657(g)(2),
Secretary of Labor's Order No. 8-2020 (85 FR 58393; Sept. 18, 2020),
and 29 CFR 1910.7.

    Signed at Washington, DC, on June 8, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-12463 Filed 6-14-21; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 85, Number 127 (Wednesday, July 1, 2020)]
[Rules and Regulations]
[Page 39476]
[FR Doc No: 2020-12902]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Parts 232 and 239

[Release Nos. 33-10765A; 34-88358A; IC-33814A; File No. S7-23-18]
RIN 3235-AK60

Updated Disclosure Requirements and Summary Prospectus for
Variable Annuity and Variable Life Insurance Contracts; Correction

AGENCY: Securities and Exchange Commission.

ACTION: Final rule; correction.

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SUMMARY: This document makes technical corrections to amendments to
disclosure requirements and summary prospectus for variable annuity and
variable life insurance contracts adopted in Release No. 33-10765
(March 11, 2020), which was published in the Federal Register on May 1,
2020.

DATES: Effective July 1, 2020.

FOR FURTHER INFORMATION CONTACT: Pamela K. Ellis (Senior Counsel)
Investment Company Regulation Office, at<PHONE_NUMBER>, Division of
Investment Management, Securities and Exchange Commission, 100 F Street
NE, Washington, DC 20549-8549.

SUPPLEMENTARY INFORMATION: We are making technical amendments to
correct instructions related to Sec. Sec.  232.405 and 239.23.
Specifically, this document amends Instructions 15(d) and 18(b)
published in the Adopting Release. Instruction 15(d) is amended to
redesignate Note 2 to rule 405 of Regulation S-T as Note 1 to rule 405
of Regulation S-T, and Instruction 18(b) is amended to replace the
reference to Item 3 of Form N-14 with a reference to Item 5(c) of Form
N-14.
    In 85 FR 25964 appearing in the Federal Register on Monday, May 1,
2020, the following corrections are made:

Sec.  232.405   [Corrected]

0
1. On page 26099, in the first column, in amendatory instruction 15.d.,
``Note 2'' is corrected to read ``Note 1''.
0
2. On page 26099, in the second column, in Sec.  232.405, in the
introductory text, ``the note'' is corrected to read ``Note 1''.
0
3. On page 26100, in the first column, in Sec.  232.405, ``Note 2 to
Sec.  232.405'' is corrected to read ``Note 1 to Sec.  232.405.''
0
4. On page 26100, in the third column, in Sec.  239.15, amendment 18b.,
``In Item 3, replacing the phrase ``Items 2, 4(a) through (c), and 5
through 14 of Form N-3'' with ``Items 2 through 3, 5 through 16, and 18
of Form N-3'' '' is corrected to read ``b. In Item 5(c), removing the
phrase ``Items 2, 4(a) through (c), and 5 through 14 of Form N-3'' and
adding in its place ``Items 2 through 3, 5 through 16, and 18 of Form
N-3''.

    Dated: June 10, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020-12902 Filed 6-30-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 202 (Friday, October 22, 2021)]
[Proposed Rules]
[Pages 58627-58630]
[FR Doc No: 2021-22716]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0410; FRL-8791-01-Region 9]

Air Plan Limited Approval and Limited Disapproval; California;
Air Resources Board; Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing action
on a revision to the California Air Resources Board (CARB) portion of
the California State Implementation Plan (SIP). This revision concerns
emissions of volatile organic compounds (VOCs) from vapor recovery
systems of gasoline cargo tanks. We are proposing a limited approval
and limited disapproval of a statewide rule to regulate this emission
source under the Clean Air Act (CAA or the Act), and are also proposing
to approve the recission of a different statewide rule from the
California SIP that previously regulated this emission source. We are
taking comments on this proposal and plan to follow with a final
action.

DATES: Comments must be received on or before November 22, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2021-0410 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. If you need assistance in a
language other than English or if you are a person with disabilities
who needs a reasonable accommodation at no cost to you, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: La Kenya Evans, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What rule and rescission did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule and rescission?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule and rescission?
    B. Does the rule and rescission meet the evaluation criteria?
    C. What are the rule deficiencies?
    D. The EPA's Recommendations To Further Improve the Rule
    E. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule and rescission did the State submit?

    Table 1 lists the SIP revisions addressed by this proposal with the
dates they were locally acted on by the California Air Resources Board
(CARB). CARB submitted the SIP revisions to the EPA on August 22, 2018.

                                        Table 1--Submitted SIP Revisions
----------------------------------------------------------------------------------------------------------------
                                  Regulation title or     Date of local
     Regulation or provision            subject               action               State requested action
----------------------------------------------------------------------------------------------------------------
California Code of Regulations,   Certification of     Adopted on 07/25/13  Addition to the SIP.
 Title 17, Division 3, Chapter     Vapor Recovery
 1, Subchapter 8, Article 1,       Systems for Cargo
 Section 94014.                    Tanks.
Certification Procedure CP-204..  Certification        Referenced in        Addition to the SIP.
                                   Procedure for        Section 94014 and
                                   Vapor Recovery       adopted on 11/7/
                                   Systems of Cargo     2014.
                                   Tanks.
Test Procedure TP-204.1.........  Determination of     Referenced in        Addition to the SIP.
                                   Five Minute Static   Section 94014 and
                                   Pressure             adopted on 11/7/
                                   Performance of       2014.
                                   Vapor Recovery
                                   Systems of Cargo
                                   Tanks.
Test Procedure TP-204.2.........  Determination of     Referenced in        Addition to the SIP.
                                   One Minute Static    Section 94014 and
                                   Pressure             adopted on 05/27/
                                   Performance of       2014.
                                   Vapor Recovery
                                   Systems of Cargo
                                   Tanks.
Test Procedure TP-204.3.........  Determination of     Referenced in        Addition to the SIP.
                                   Leak(s).             Section 94014 and
                                                        adopted on 11/7/
                                                        2014.
California Code of Regulations,   Certification of     Repealed on 06/29/   Recission from the SIP.
 Title 17, Division 3, Chapter     Vapor Recovery       1995.
 1, Subchapter 8, Article 1,       Systems--Gasoline
 Section 94004.                    Delivery Tanks.
Method 2-5......................  Certification and    Referenced in        Recission from the SIP.
                                   Test Procedures      Section 94004 and
                                   for Vapor Recovery   effective on 09/1/
                                   Systems of           1982.
                                   Gasoline Delivery
                                   Tanks.
----------------------------------------------------------------------------------------------------------------

    On February 22, 2019, the submittal for CARB's California Code of
Regulations (CCR), Title 17, Division 3, Chapter 1, Subchapter 8,
Article 1, Section 94014 (Section 94014) and request to rescind CCR,
Title 17, Division 3, Chapter 1, Subchapter 8, Article 1, Section 94004
(Section 94004) were both deemed by operation of law to meet the
completeness criteria in 40 CFR part 51 Appendix V, which must be met
before formal EPA review.

B. Are there other versions of this rule?

    Vapor recovery systems for tanker trucks (hereafter referred to as
``cargo tanks'') were previously regulated by Section 94004, which
required the use of Method 2-5 ``Certification of Vapor Recovery
Systems--Gasoline Delivery Tanks.'' Section 94004 was approved into the
SIP on July 8, 1982.\1\ CARB submitted an amended version of Method 2-5
on January 20, 1983, and EPA approved it into the SIP on May 3,
1984.\2\ On June 29, 1995, CARB repealed Section 94004 and adopted a
new statewide version of the rule at Section 94014, ``Certification of
Vapor Recovery Systems for Cargo Tanks.'' Section 94014 has since been
amended on multiple occasions, most recently on July 25, 2013, and
consists of a certification procedure and three test procedures that
are incorporated by reference. CARB submitted the revised rule,
certification procedure, and test procedures to the EPA on August 22,
2018, for inclusion into the SIP.
---------------------------------------------------------------------------

    \1\ 47 FR 29668.
    \2\ 49 FR 18829.
---------------------------------------------------------------------------

C. What is the purpose of the submitted rule and rescission?

    Emissions of VOCs contribute to the production of ground-level
ozone and smog, which harm human health and the environment. Section
110(a) of the CAA requires states to submit regulations that control
VOC emissions.
    Section 41954 of the California Health and Safety Code requires
that CARB ``[inspect] and [test] . . . certified vapor recovery systems
upon installation during the permit process and [conduct] regular
inspections to check that systems are operating as certified.'' Section
94014 allows gasoline vapor recovery systems for cargo tanks to be
certified in accordance with Certification Procedure CP-204,
``Certification Procedure for Vapor Recovery Systems of Cargo Tanks''
(CP-204). The rule incorporates CP-204 by reference. Section 94014 also
incorporates by reference three test procedures: Test Procedure TP-
204.1, ``Determination of Five Minute Static Pressure Performance of
Vapor Recovery Systems of Cargo Tanks'' (TP-204.1), Test Procedure TP-
204.2, ``Determination of One Minute Static Pressure Performance of
Vapor Recovery Systems of Cargo Tanks'' (TP-204.2), and Test Procedure
TP-204.3, ``Determination of Leak(s)'' (TP-204.3).
    CP-204 describes the process for certifying cargo tanks with a
system that recovers vapors during the loading and unloading of
gasoline. This certification procedure establishes performance
standards or specifications for cargo tanks, including trucks and
trailers that transport gasoline. TP-204.1 is a detailed test procedure
used to determine the five-minute static pressure associated with the
dispensing of any fluid. This test procedure is written to reflect
application to the hydrocarbon vapors associated with the dispensing of
gasoline tested annually. TP-204.2 is used to determine the daily
static pressure performance standard, or one-minute standard,
associated with the dispensing of any fluid. TP-204.2 is written to
reflect application to the hydrocarbon vapors associated with the
dispensing of gasoline. TP-204.3 is intended to locate and classify
leaks only, and not as a direct measure of mass emission rates from
individual sources. This test procedure is used to determine the leak-
tightness of vapor control systems used in (a) loading of gasoline
cargo tanks; (b) loading without taking the delivery tank out of
service; (c) at gasoline terminals and bulk plants at any time; and (d)
when the system does not create back-pressure in excess of the pressure
limits of the cargo tank certification test. The EPA's technical
support document (TSD) has more information about this rule.
    The rescission of Section 94004 will remove the rule from the SIP
and Section 94014 will replace it.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule and rescission?

    Rules in the SIP must be enforceable (see CAA section 110(a)(2)),
must not interfere with applicable requirements concerning attainment
and reasonable further progress or other CAA requirements (see CAA
section 110(l)),

and must not modify certain SIP control requirements in nonattainment
areas without ensuring equivalent or greater emissions reductions (see
CAA section 193).
    Generally, SIP rules must require Reasonably Available Control
Technology (RACT) for each category of sources covered by a Control
Techniques Guidelines (CTG) document as well as each major source of
VOCs in ozone nonattainment areas classified as Moderate or above (see
CAA section 182(b)(2)).
    Guidance and policy documents that we used to evaluate
enforceability, revision/relaxation and rule stringency requirements
for the applicable criteria pollutants include the following:
    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11,
1990).
    2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    3. ``Control of Volatile Organic Compound Leaks from Gasoline Tank
Trucks and Vapor Collection Systems,'' EPA-450/2-78-051, December 1978.
    4. 40 CFR part 63.11092(f)(1), ``Standards of Performance for Bulk
Gasoline Terminals,'' 76 FR 4156 (January 24, 2011).
    5. 40 CFR part 60.501, ``National Emission Standards for Hazardous
Air Pollutants for Source Category: Gasoline Distribution Bulk
Terminals, Bulk Plants, and Pipeline Facilities,'' 48 FR 37590 (August
18, 1983).
    6. Maricopa County Air Pollution Control Regulations Rule 352,
``Gasoline Cargo Tank Testing and Use,'' 60 FR 46024 (September 5,
1995).
    7. Maryland Department of Environment Rule <IP_ADDRESS>, ``Gasoline
Leaks from Tank Trucks'' 80 FR 45892 (August 3, 2015).
    8. Maryland Department of Environment Method 1008, ``Gasoline Vapor
Leak Detection Procedure by Combustible Gas Detector,'' incorporated by
reference COMAR <IP_ADDRESS>C, 78 FR 5290 (January 25, 2013).
    9. Texas Commission on Environmental Quality Rule 115.235,
``Approved Test Methods'' 65 FR 79745 (December 20, 2000).
    10. Illinois Environmental Protection Agency Rule 215.584,
``Gasoline Delivery Vessels,'' 55 FR 26814 (July 29, 1990).

B. Does the rule and rescission meet the evaluation criteria?

    The replacement of Section 94004 by Section 94014 meets CAA
requirements, and Section 94014 is consistent with relevant guidance
regarding enforceability, RACT, and SIP revisions. Section 94014 is
more stringent than Section 94004 as it includes a certification
procedure that describes the instructions for determining performance
standards, specifications, and test procedures for vapor recovery
systems. In addition, Section 94014 is more stringent than the EPA's
1978 CTG and is as stringent as comparable rules for this source
category established in other states. Therefore, Section 94014
implements RACT. The TSD has more information on our evaluation.

C. What are the rule deficiencies?

    The director's discretion in Section 94014 does not satisfy the
requirements of section 110 of the Act and prevents full approval of
the SIP revision. Documents submitted for inclusion into the SIP should
not include unbounded director's discretion that allows the State to
approve alternatives to the applicable SIP without following the SIP
revision process described in CAA section 110. CP-204 Section 5.4
allows the CARB Executive Officer to approve an alternative test
procedure that meets the equivalency criteria established by EPA Method
301. This is acceptable as EPA Method 301 is ``a set of procedures . .
. to validate a candidate test method as an alternative to a required
test method based on established precision and bias criteria.'' \3\ For
situations where Method 301 is not directly applicable, CP-204 Section
5.4 allows the CARB Executive Officer, without approval from the EPA,
to ``. . . establish equivalence based on the concepts of comparison
with established method and statistical analysis of bias and
variance.'' This authority is then incorporated by reference in TP-
204.1, TP-204.2, and TP-204.3. Without further specificity regarding
the criteria the Executive Officer will use to determine when such
alternative test procedures, for which Method 301 is not applicable,
will be approved, CP-204 Section 5.4 represents an instance of
unbounded director's discretion and constitutes a SIP deficiency. The
TSD has more information regarding this deficiency.
---------------------------------------------------------------------------

    \3\ EPA Method 301, ``Field Validation of Pollutant Measurement
Methods from Various Waste Media,'' 85 FR 63394 (October 7, 2020).
---------------------------------------------------------------------------

D. The EPA Recommendations To Further Improve the Rule

    The EPA recommends revising Section 94014 to address the deficiency
discussed above. Such revisions could include additional detail
regarding how to evaluate alternative test procedure requests when
Method 301 is not applicable, or could add language resembling federal
enforceability sections in CARB's consumer products regulations to
further limit the extent of the Executive Officer's authority (17 CCR
section 94506.5 and 17 CCR section 94517).4 5 The TSD
includes other recommendations for the next time the state agency
modifies the rule.
---------------------------------------------------------------------------

    \4\ 74 FR 57074 (November 4, 2009).
    \5\ 79 FR 62346 (October 17, 2014).
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E. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA is proposing
a limited approval and limited disapproval of the submitted rule. The
limited disapproval for CP-204, Section 5.4 and its reference in TP-
204.1, TP-204.2, and TP-204.3 is based on the enforceability issue
identified in section (II)(C) of this notice. We will accept comments
from the public on this proposal until November 22, 2021. If finalized,
this action would incorporate the submitted rule into the SIP,
including those provisions identified as deficient. If we finalize this
disapproval, CAA section 110(c) would require the EPA to promulgate a
federal implementation plan within 24 months unless we approve
subsequent SIP revisions that correct the deficiencies identified in
the final approval. In addition, final disapproval would trigger the
offset sanction in CAA section 179(b)(2) 18 months after the effective
date of a final disapproval, and the highway funding sanction in CAA
section 179(b)(1) six months after the offset sanction is imposed. A
sanction will not be imposed if the EPA determines that a subsequent
SIP submission corrects the deficiencies identified in our final action
before the applicable deadline. The EPA intends to work with CARB to
correct the deficiency in a timely manner.
    Note that the submitted rule has been adopted by CARB, and the
EPA's final limited disapproval would not prevent the state agency from
enforcing it. The limited disapproval also would not prevent any
portion of the rule from being incorporated by reference into the
federally enforceable SIP as discussed in a July 9, 1992 EPA memo found
at: https://www.epa.gov/sites/production/files/2015-07/documents/procsip.pdf.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with

requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference Section 94014 and the associated certification procedure and
test procedures as described in Table 1 of this preamble, and proposing
to remove Section 94004 and Method 2-5 also as described in Table 1
from the SIP. The EPA has made, and will continue to make, these
materials available through https://www.regulations.gov and at the EPA
Region IX Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
state, local, or tribal governments, or to the private sector, will
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175, because the SIP is not approved to apply on any
Indian reservation land or in any other area where the EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not impose additional
requirements beyond those imposed by state law.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population

    The EPA lacks the discretionary authority to address environmental
justice in this rulemaking.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: October 13, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-22716 Filed 10-21-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 29, 2007 (Volume 72, Number 208)]
[Notices]
[Page 61125-61127]
[DOCID:fr29oc07-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP08-8-000]

Leaf River Energy Center, LLC; Notice of Applications

October 23, 2007.
    Take notice that on October 9, 2007, as supplemented on October 22,
2007, Leaf River Energy Center, LLC (Leaf River), 61 Wilton Road,
Westport, CT, 06880, filed an application under section 7 of the
Natural Gas Act for authorization to construct and operate a new
underground natural gas storage and pipeline header facility to be
located in Smith, Jasper, and Clarke Counties, Mississippi. This filing
is available for review at the Commission

in the Public Reference Room or may be viewed on the Commission's Web
site at http://www.ferc.gov using the ``eLibrary'' link. Enter the

docket number excluding the last three digits in the docket number
field to access the document. For assistance, please contact FERC
Online Support at<EMAIL_ADDRESS>or toll free at (866) 208-
3676, or for TTY, contact<PHONE_NUMBER>. Questions concerning this
application may be directed to James F. Bowe, Jr., Dewey & LeBoeuf LLP,
975 F Street, NW., Washington, DC 20004, and (phone)<PHONE_NUMBER>.
    Leaf River seeks: (1) A certificate of public convenience and
necessity that would authorize Leaf River to construct, own, operate
and maintain a high-deliverability salt cavern gas storage facility
that will accommodate the injection, storage and subsequent withdrawal
of natural gas for redelivery in interstate commerce; (2) a blanket
certificate pursuant to Subpart G of 18 CFR Part 284 that will permit
Leaf River to provide open-access firm and interruptible natural gas
storage services on behalf of others in interstate commerce with pre-
granted abandonment of such services; (3) a blanket certificate
pursuant to Subpart F of 18 CFR Part 157 that will permit Leaf River to
construct, acquire, operate, rearrange and abandon certain facilities
following construction of the proposed project; (4) authorization to
provide the proposed storage services at market-based rates; and (5)
approval of a pro forma FERC Gas Tariff, under which Leaf River will
provide open-access natural gas storage services in interstate
commerce.
    Leaf River states that the Project will include four storage
caverns with a total working gas capacity of 32 billion cubic feet
(Bcf), supported by cushion gas capacity of 9.9 Bcf. Leaf River also
states that the Project will be capable of withdrawing and delivering
gas at a rate of up to 2.5 Bcf per day and of receiving and injecting
gas at a rate of up to 1.0 Bcf per day. Leaf River proposes that the
Project will include a natural gas pipeline header system to
interconnections with five interstate gas transmission pipelines. Leaf
River states that the Project's header system will include dual bi-
directional 24-inch natural gas pipelines and a length of single 24-
inch gas pipeline, which will follow the corridor to be occupied by the
proposed Gulf South Southeast Expansion Project for about 37 miles.
Leaf River represents that construction and operation of the Project
will have minimal impacts on the natural environment and on adjacent
landowners.
    Leaf River states that the market power study included with its
Application demonstrates that Leaf River will not have market power in
any relevant market. It asserts that the Commission can therefore
conclude that Leaf River will be unable to charge or collect rates for
its services that exceed just and reasonable levels. Leaf River states
that its proposed pipeline header system will include no end-user
interconnections and will function exclusively as the means by which
Leaf River provides storage and wheeling services nominated by its
customers.
    Leaf River also requests that the Commission waive the requirements
of (i) 18 CFR 157.6(b)(8) and 157.14(a)(13), (14), (16), (17) (which
relate to the filing of information required to justify rates on a
cost-of-service basis, given that Leaf River proposes to charge market-
based rates for the services it will provide); (ii) 18 CFR
157.14(a)(10) (which requires a showing regarding accessible gas
supplies that is not applicable to a storage project to which third
parties will deliver their gas); (iii) 18 CFR 260.2 and Part 201
(accounting and reporting requirements appropriate for a cost-of-
service rate structure); and (iv) 18 CFR 284.7(e) and 284.10 (which
impose requirements relating to the design of rates that are not
applicable to market-based rates).
    Leaf River states that the Project would provide necessary natural
gas infrastructure in furtherance of the Commission's policies
supporting the development of new natural gas storage capacity.
According to Leaf River, the Project will increase the reliability of
natural gas supply during periods of production and transportation
interruptions and will enhance the reliability of the interstate
pipeline grid.
    Pursuant to section 157.9 of the Commission's rules, within 90 days
of this Notice the Commission staff will either: Complete its
environmental assessment (EA) and place it into the Commission's public
record (eLibrary) for this proceeding, or issue a Notice of Schedule
for Environmental Review. If a Notice of Schedule for Environmental
Review is issued, it will indicate, among other milestones, the
anticipated date for the Commission staff's issuance of the final
environmental impact statement (FEIS) or EA for this proposal. The
filing of the EA in the Commission's public record for this proceeding
or the issuance of a Notice of Schedule for Environmental Review will
serve to notify federal and state agencies of the timing for the
completion of all necessary reviews, and the subsequent need to
complete all federal authorizations within 90 days of the date of
issuance of the Commission staff's FEIS or EA.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant. On or before the comment date, it is
not necessary to serve motions to intervene or protests on persons
other than the Applicant.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the

``eFiling'' link at http://www.ferc.gov. Persons unable to file

electronically should submit an original and 14 copies of the protest
or intervention to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    Comment Date: 5 p.m. Eastern Time, November 14, 2007.

 Kimberly D. Bose,
 Secretary.
 [FR Doc. E7-21230 Filed 10-26-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: June 29, 2009 (Volume 74, Number 123)]
[Rules and Regulations]
[Page 30935-30938]
[DOCID:fr29jn09-8]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 1

46 CFR Part 1

[USCG-2009-0314]
RIN 1625-ZA22

Establishment of Suspension and Revocation National Center of
Expertise

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: This rule makes non-substantive, technical changes to Titles
33 and 46 of the CFR to reflect the authorization and establishment of
the Coast Guard Suspension and Revocation National Center of Expertise
(S&R NCOE). The S&R NCOE is responsible for performing suspension and
revocation functions regarding Merchant Mariner Credentials.
Investigating Officers (IOs), both military and civilian employees, are
assigned to the S&R NCOE for this purpose. These changes affect
internal Coast Guard organization and functioning only and will have no
substantive effect on mariners or other members of the public.

DATES: Effective on June 29, 2009.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket, are part of USCG-2009-0314 and are available online by
going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2009-0314
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. They are also available for inspection or copying
at two locations: The Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal Holidays, and at S&R COE
co-located with the National Maritime Center, 100 Forbes Drive,
Martinsburg, WV between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Commander Scott Budka, Supervisor, S&R NCOE, U.S. Coast Guard,
telephone<PHONE_NUMBER>. If you have questions on viewing the docket,
call Ms. Renee V. Wright, Program Manager, Docket Operations, telephone
or<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule, without prior notice and
opportunity to comment, when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because is unnecessary. This rulemaking makes
amendments to rules regarding agency organization and functioning. As
such, comments are unnecessary because they would not change the Coast
Guard's internal delegation of authority and duty regarding the
Suspension and Revocation process or provide additional expertise
regarding Coast Guard functioning.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because these changes affect
internal Coast Guard organization and functioning only and will have no
substantive effect on the public.

Background and Purpose

    The Coast Guard published the Marine Safety Performance Plan for
Fiscal Years 2009-2014 in November 2008. The plan is available at:
http://www.uscg.mil/hq/cg5/cg54/mspp.asp. The plan announced the Coast
Guard's intention to establish National Centers of Expertise to provide
venues for professional development of Coast Guard personnel. One such
National Center of Expertise is the Suspension and Revocation National
Center of Expertise (S&R NCOE). The Coast Guard is charged by law to
ensure that over 200,000 credentialed merchant mariners are competent
and their conduct promotes marine safety, security and protection of
the marine environment. See generally, 46 U.S.C. Part E. One of the
mechanisms the Coast Guard utilizes to ensure the safe operation of the
Maritime Transportation System (MTS) and protect the lives and safety
of those at sea is our suspension and revocation (S&R) process
regarding Merchant Mariner's Credentials (MMCs). See 46 U.S.C. Chapter
77. The Coast Guard recognizes that mariners spend a great deal of time
and effort to receive and to maintain their MMCs, which provides them a
livelihood. The significant implications that result from the
suspension or revocation of an MMC demand that Coast Guard
investigating officers (IOs) be properly trained and proficient in the
S&R process and administrative hearing procedures. The creation of an
S&R NCOE will help to improve the professionalism and proficiency of
IOs involved in the S&R process and administrative hearing procedures,
but will not change the S&R process or procedures. The S&R NCOE will
initially operate as a detached duty office of the Coast Guard's Office
of Quality Assurance and Traveling Inspections (CG-546), with future
plans to operate under the Commander, Coast Guard Force Readiness
Command (FORCECOM).

Discussion of the Rule

    This rule amends Coast Guard regulations to incorporate the S&R
NCOE into the S&R process. Specifically, changes to 33 CFR 1.01-20 and
46 CFR 1.01-15 update the authority of the Commanding Officer of the
National Maritime Center to refer issues regarding MMCs to the S&R
NCOE, in addition to the current process of referring such cases to the
processing Regional Examination Center or the cognizant Officer in
Charge, Marine Inspection (OCMI). This update broadens the team of
Coast Guard personnel who may handle a S&R case, but will not affect
the process or procedures for a mariner who is the subject of an S&R
case.
    This rule also updates the S&R process to reflect that the IOs at
the S&R NCOE are authorized to initiate S&R proceedings by issuing
complaints directly to mariners and handle all other aspects of S&R
case processing. Current regulations authorize an OCMI, or an IO under
the supervision of an OCMI, to initiate an S&R action. Under 46 CFR
5.15, IOs are Coast Guard officials designated by either an OCMI, a
District Commander, or Commandant for the purpose of conducting
investigations of matters pertaining to the conduct or persons applying
for or holding MMCs, among other matters. In accordance with internal
delegation of authority and duty, IOs assigned to the S&R NCOE will be
designated as IOs by the Commandant, and as such will be authorized to
initiate S&R actions under existing authority in 46 CFR 5.15. To
reflect this, 46 CFR 1.01-25 is amended by replacing specific language
regarding the IOs with a cross-reference to the definition of IOs in 46
CFR 5.15. This update also broadens the team of Coast Guard personnel
who may handle a S&R case, but will not affect the process or
procedures for a mariner who is the subject of an S&R case.
    Section 1.01-25 is also amended by updating specific terms used to
describe the S&R process, but these changes are nonsubstantive and
reflect only changes in current term usage. This amendment will make
the general flow of functions information found in Part 1 compatible
with the existing definition and authorities of an IO found in Part 5.
Additionally, 46 CFR 1.01-25(c)(1)(i) is updated to accurately reflect
that, under existing authority in 46 CFR part 5 and 33 CFR part 20,
either party (the Coast Guard or the respondent) may appeal an
Administrative Law Judge's decision. Currently, paragraph 1.01-
25(c)(1)(i) only addresses appeals filed by a respondent, and a new
cross-reference to 33 CFR 20.1001 points the reader to the existing
procedures for filing such an appeal.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. We expect the economic impact of this
rule to be so minimal that a full Regulatory analysis is not necessary.
As this rule involves only non-substantive changes involving internal
Coast Guard organization and functioning, it will not impose any costs
on the public.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000. It
is not expected that this amendment will have a significant economic
impact on any small entities. Therefore, the Coast Guard certifies
under 5 U.S.C. 605(b) that this technical amendment will not have a
significant economic impact on a substantial number of small entities.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

    This amendment will not effect a taking of private property or
otherwise have taking implications under

Executive Order 12630, Governmental Actions and Interference with
Constitutionally Protected Property Rights.

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(b), of the Instruction, which excludes
regulatory actions concerning internal agency functions or
organization, such as delegation of authority. This rule concerns Coast
Guard internal functioning and organization. An environmental analysis
checklist and a categorical exclusion determination are available in
the docket where indicated under ADDRESSES.

List of Subjects

33 CFR Part 1

    Administrative practice and procedure, Organization and functions,
Delegation of authority.

46 CFR Part 1

    Administrative practice and procedure, Organization and functions,
General flow of functions.

0
For the reasons set forth in the preamble, the Coast Guard amends 33
CFR part 1 and 46 CFR part 1 as follows:

Title 33

PART 1--GENERAL PROVISIONS

0
1. The authority citation for 33 CFR part 1 continues to read as
follows:

    Authority: 14 U.S.C. 633; 33 U.S.C. 401, 491, 525, 1321, 2716,
and 2716a; 42 U.S.C. 9615; 49 U.S.C. 322; Department of Homeland
Security Delegation No. 0170.1; section 1.01-70 also issued under
the authority of E.O. 12580, 3 CFR, 1987 Comp., p. 193; and sections
1.01-80 and 1.01-85 also issued under the authority of E.O. 12777, 3
CFR, 1991 Comp., p. 351.

0
2. Revise Sec.  1.01-20(b)(2) to read as follows:

Sec.  1.01-20  Officer in Charge, Marine Inspection.

* * * * *
    (b) * * *
    (2) Referring to the processing Regional Examination Center (REC),
the Suspension and Revocation National Center of Expertise, or
cognizant OCMI potential violations of law, negligence, misconduct,
unskillfulness, incompetence or misbehavior of persons holding merchant
mariner's documents, licenses, certificates or credentials issued by
the Coast Guard, and recommending suspension or revocation under 46
U.S.C. Chapter 77 when deemed appropriate; and
* * * * *

Title 46

PART 1--ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE
SAFETY FUNCTIONS

0
3. The authority citation for 46 CFR part 1 continues to read as
follows:

    Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 46
U.S.C. Chapter 93; Pub. L. 107-296, 116 Stat. 2135; Department of
Homeland Security Delegation No. 0170.1; Sec.  1.01-35 also issued
under the authority of 44 U.S.C. 3507.

0
4. Revise Sec.  1.01-15(c)(2) to read as follows:

Sec.  1.01-15  Organization; Districts; National Maritime Center.

* * * * *
    (c) * * *
    (2) Refer to the processing Regional Examination Center (REC), the
Suspension and Revocation National Center of Expertise, or cognizant
OCMI potential violations of law, negligence, misconduct,
unskillfulness, incompetence or misbehavior of persons holding merchant
mariner's documents, licenses, certificates or credentials issued by
the Coast Guard, and recommend suspension or revocation under 46 U.S.C.
Chapter 77 when deemed appropriate; and
* * * * *

0
5. Revise Sec.  1.01-25(c)(1) and (c)(1)(i) to read as follows:

Sec.  1.01-25  General flow of functions.

* * * * *
    (c) * * *
    (1) In the United States, the Commonwealth of Puerto Rico,
Territory of Guam, the Virgin Islands, and other possessions, the
proceedings are initiated by the issuance of a complaint against the
holder of the Coast Guard credential. A Coast Guard Investigating
Officer, as defined in 46 CFR 5.15, causes the complaint to be served
on the person described therein (respondent) who is a holder of a Coast
Guard credential. At a hearing the Coast

Guard submits evidence to support the allegations of the complaint,
while the respondent may submit evidence in rebuttal or mitigation. The
Administrative Law Judge renders a decision on the basis of the
evidence adduced at the hearing and the law. The Administrative Law
Judge's decision is given to the respondent.
    (i) In a case where an appeal is made by either party (Coast Guard
or respondent), the notice of appeal is filed in accordance with the
procedures of 33 CFR 20.1001(a).
* * * * *

    Dated: June 22, 2009.
Stefan G. Venckus,
Chief, Office of Regulations and Administrative Law, United States
Coast Guard.
 [FR Doc. E9-15195 Filed 6-26-09; 8:45 am]

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[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Notices]
[Pages 78689-78691]
[FR Doc No: 2022-27834]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2022-N-3129]

Oncologic Drugs Advisory Committee; Notice of Meeting;
Establishment of a Public Docket; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; establishment of a public docket; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the Oncologic Drugs Advisory
Committee. The general function of the committee is to provide advice
and recommendations to FDA on regulatory issues. The meeting will be
open to the public. FDA is establishing a docket for public comment on
this document.

DATES: The meeting will be held virtually on February 9, 2023, from 12
to 5:30 p.m. Eastern Time.

ADDRESSES: Please note that due to the impact of the COVID-19 pandemic,
all meeting participants will be joining this advisory committee
meeting via an online teleconferencing platform. Answers to commonly
asked questions about FDA advisory committee meetings may be accessed
at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.
    FDA is establishing a docket for public comment on this meeting.
The docket number is FDA-2022-N-3129. Please note that late, untimely
filed comments will not be considered. The docket will close on
February 8, 2023. The https://www.regulations.gov electronic filing
system will accept comments until 11:59 p.m. Eastern Time at the end of
February 8, 2023. Comments received by mail/hand delivery/courier (for
written/paper submissions) will be considered timely if they are
received on or before that date.
    Comments received on or before January 26, 2023, will be provided
to the committee. Comments received after that date will be taken into
consideration by FDA. In the event that the meeting is cancelled, FDA
will continue to evaluate any relevant applications or information, and
consider any comments submitted to the docket, as appropriate.
    You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any

confidential information that you or a third party may not wish to be
posted, such as medical information, your or anyone else's Social
Security number, or confidential business information, such as a
manufacturing process. Please note that if you include your name,
contact information, or other information that identifies you in the
body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2022-N-3129 for ``Oncologic Drugs Advisory Committee; Notice of
Meeting; Establishment of a Public Docket; Request for Comments.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' FDA will review
this copy, including the claimed confidential information, in its
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on https://www.regulations.gov. Submit both
copies to the Dockets Management Staff. If you do not wish your name
and contact information be made publicly available, you can provide
this information on the cover sheet and not in the body of your
comments and you must identify the information as ``confidential.'' Any
information marked as ``confidential'' will not be disclosed except in
accordance with 21 CFR 10.20 and other applicable disclosure law. For
more information about FDA's posting of comments to public dockets, see
80 FR 56469, September 18, 2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Takyiah Stevenson, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002, 240-
402-2507, email: [email protected], or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area). A notice in the Federal Register about last minute modifications
that impact a previously announced advisory committee meeting cannot
always be published quickly enough to provide timely notice. Therefore,
you should always check FDA's website at https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before the
meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: The meeting presentations will be heard, viewed, captioned,
and recorded through an online teleconferencing platform. The committee
will discuss investigational new drug application (IND) 157775, for
dostarlimab for injection, submitted by GlaxoSmithKline LLC. The
proposed indication (use) for this product is for monotherapy in
patients with mismatch repair deficiency/microsatellite instability-
high locally advanced rectal cancer. FDA would like to obtain the
committee's input on the following: (1) the adequacy of the proposed
trial(s) to evaluate the benefits and risks of dostarlimab for the
proposed indication, including trial design, study population, clinical
endpoint, and patient followup; and (2) the adequacy of the proposed
data package to permit an assessment of the benefits and risks of
dostarlimab for the proposed indication.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its website prior to the meeting, the
background material will be made publicly available on FDA's website at
the time of the advisory committee meeting. Background material and the
link to the online teleconference meeting room will be available at
https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll
down to the appropriate advisory committee meeting link. The meeting
will include slide presentations with audio components to allow the
presentation of materials in a manner that most closely resembles an
in-person advisory committee meeting.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
All electronic and written submissions submitted to the Docket (see
ADDRESSES) on or before January 26, 2023, will be provided to the
committee. Oral presentations from the public will be scheduled between
approximately 3:30 p.m. to 4:30 p.m. Eastern Time. Those individuals
interested in making formal oral presentations should notify the
contact person and submit a brief statement of the general nature of
the evidence or arguments they wish to present, the names and addresses
of proposed participants, and an indication of the approximate time
requested to make their presentation on or before January 18, 2023.
Time allotted for each presentation may be limited. If the number of
registrants requesting to speak is greater than can be reasonably
accommodated during the scheduled open public hearing session, FDA may
conduct a lottery to determine the speakers for the scheduled open
public hearing session. The contact person will notify interested
persons regarding their request to speak by January 19, 2023.
    For press inquiries, please contact the Office of Media Affairs at
[email protected] or<PHONE_NUMBER>.

    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Takyiah Stevenson (see FOR FURTHER INFORMATION CONTACT) at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: December 16, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-27834 Filed 12-21-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Notices]
[Page 47220]
[FR Doc No: 2011-19773]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4004-DR; Docket ID FEMA-2011-0001]

Puerto Rico; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the Commonwealth of Puerto Rico (FEMA-4004-DR), dated July
14, 2011, and related determinations.

DATES: Effective Date: July 14, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated July 14, 2011, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the
Commonwealth of Puerto Rico resulting from severe storms, flooding,
mudslides, and landslides during the period of May 20 to June 8,
2011, is of sufficient severity and magnitude to warrant a major
disaster declaration under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the Commonwealth of Puerto Rico.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the Commonwealth.
Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Justo Hern[aacute]ndez, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the Commonwealth of Puerto Rico have been
designated as adversely affected by this major disaster:

    The municipalities of A[ntilde]asco, Caguas, Camuy, Ciales,
Hatillo, Las Piedras, Morovis, Orocovis, San Lorenzo, San
Sebasti[aacute]n, Utuado, and Villalba.
    All municipalities within the Commonwealth of Puerto Rico are
eligible to apply for assistance under the Hazard Mitigation Grant
Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-19773 Filed 8-3-11; 8:45 am]
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