SUPPORTING STATEMENT FOR

AN INFORMATION COLLECTION REQUEST (ICR)

1.	Identification of the Information Collection

1(a).  Title of the Information Collection

Title:	Tolerance Petitions for Pesticides on Food/ Feed Crops and New
Inert Ingredients

EPA ICR No. 0597.10		 OMB Control No. 2070-0024

1(b).  Short Characterization/Abstract

The use of pesticides to increase crop production often results in
pesticide residues in or on the crop.  To protect the public health from
unsafe pesticide residues, the Environmental Protection Agency (EPA)
sets limits on the nature and level of residues permitted pursuant to
section 408 of the Federal Food, Drug and Cosmetic Act (FFDCA) (See
Attachment A).  A pesticide may not be used on food or feed crops unless
the Agency has established a tolerance (maximum residue limit) for the
pesticide residues on that crop, or established an exemption from the
requirement to have a tolerance.

Under the law, EPA is responsible for ensuring that the maximum residue
levels likely to be found in or on food/feed are safe for human
consumption through a careful review and evaluation of residue chemistry
and toxicology data.  In addition, EPA must ensure that adequate
enforcement of the tolerance can be achieved through the testing of
submitted analytical methods.  If the data are adequate for EPA to
determine that there is a reasonable certainty that no harm will result
from aggregate exposure, the Agency will establish the tolerance or
grant an exemption from the requirement of a tolerance.

There are basically three types of tolerance actions:

Permanent tolerance (or an exemption from the requirement for a
permanent tolerance) for residues which would result from a pesticide
use registered under FIFRA.  These tolerances can be established for raw
and processed foods and they can address both active and inert
ingredients in pesticides.  The vast majority of these actions are taken
in response to petitions, but the Agency may also initiate such actions.

Temporary tolerance (or an exemption from the requirement for a
temporary tolerance) to permit the sale of commodities containing
residues resulting from authorized experimental use of an unregistered
pesticide.  In the absence of such a tolerance or exemption, all such
commodities must be destroyed.  In submitting an application for
Experimental Use Permit (EUP), the applicant may also request that the
Agency establish a tolerance or an exemption from the tolerance
requirement.  This ICR does not cover EUP related tolerance information
collection activities, which are covered by the ICR entitled,
Application for Experimental Use Permit (EUP) to Ship and Use a
Pesticide for Experimental Purposes Only (OMB Control #2070-0040, EPA
ICR No. 0276).

Time-limited tolerance (or an exemption there from) to permit the sale
of commodities containing residues resulting from a pesticide whose use
was authorized under Section 18 of FIFRA.  Under FIFRA (18, EPA may
allow States to use a pesticide for an unregistered use for a limited
time if EPA determines that emergency conditions exist.  The Food
Quality Protection Act of 1996 (FQPA), which amended the two primary
statutes regulating pesticides, i.e., FFDCA and the Federal Insecticide,
Fungicide and Rodenticide Act (FIFRA), requires EPA to establish
tolerances to cover all pesticide residues in food, even residues
resulting from emergency uses (see Attachment B).  Although the Agency
initiates these tolerance actions, these actions are taken in response
to petitions for the Agency to issue an action under FIFRA (18.  This
ICR does not cover information collection related to FIFRA (18 tolerance
activities, which is collected under the ICR entitled, Application and
Summary Report for an Emergency Exemption for Pesticides (OMB Control
#2070-0032, EPA ICR No.0596).

This ICR only applies to the information collection activities
associated with the submission of a petition for a tolerance action.
While EPA is authorized to set pesticide tolerances, the Food and Drug
Administration (FDA) is responsible for their enforcement.  Food or feed
commodities found to contain pesticide residues in excess of established
tolerances are considered adulterated, and are subject to seizure by
FDA, and may result in civil penalties.

2.	Need For and Use of the Collection

2(a).	Need/Authority for the Collection

The tolerances for pesticide residues in food or feed are set primarily
under the authority of section 408 of the Federal Food, Drug and
Cosmetic Act (FFDCA), as amended.  The Agency takes these tolerance
actions either on its own initiative pursuant to FFDCA (408(e) or in
response to a petition filed pursuant to FFDCA (408(d).  The regulations
covering tolerances are contained in Title 40 of the Code of Federal
Regulations (CFR) Part 180.  Actual listings of individual tolerances by
chemical are also found in Part 180 (See Attachment C).

Under FFDCA (408(d), any person may file a petition with EPA, proposing
the issuance of a regulation establishing, modifying, or revoking (a) a
tolerance for a pesticide chemical residue in or on food, or (b) an
exemption from the requirement to have a tolerance for such residue.
The Agency publishes a notice of receipt for such petitions in order to
provide an opportunity for public comment on the request, and then
either issues a final regulation, or a notice denying the petitioner’s
request.  FFDCA (408(d)(4) directs the Agency to issue a final
regulation establishing, modifying, or revoke a tolerance for the
pesticide chemical residue or an exemption of the pesticide chemical
residue from the requirement of a tolerance,  or issue an order denying
the petition.

Under FFDCA (408(e), at any time the Agency may issue a regulation
establishing, modifying, suspending, or revoking (a) a tolerance for a
pesticide chemical residue in or on food, or (b) an exemption from the
requirement to have a tolerance for such residue.  When initiating such
actions, FFDCA (408(e)(2) requires the Agency to issue a notice of
proposed rulemaking to provide an opportunity for public comment.

FQPA requires that tolerances be set at a level to ensure that there is
“a reasonable certainty that no harm will result from aggregate
exposure.”  Among other things, FQPA requires EPA to consider a number
of factors when setting such tolerances or registering pesticide
products, including:

special protection for infants and children;

aggregate exposure and risk from foods and other known sources, such as
drinking water and household pesticide use;

consideration of common mechanisms of toxicity (some chemicals have
different molecular structures but cause deleterious effects in the same
manner); and,

Consideration of endocrine disruptor effects.

The collection of information covered by this ICR is needed to ensure
that the statutory requirements related to tolerances can be met by the
public and EPA.  Food or feed commodities found to contain residues of a
pesticide without or in excess of established tolerances are considered
adulterated, and are subject to seizure by FDA, and may result in civil
penalties.

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

The FQPA directs the Agency to consider aggregate exposures from dietary
and non-occupational sources when assessing the risks of a chemical and
setting tolerances.  In addition to dietary exposure, such sources as
drinking water and residential lawn care use need to be considered.  EPA
must make the statutory determination that the resulting pesticide
residues in food or feed will result in a reasonable certainty of no
harm effects of human health from aggregate exposure through dietary,
non-occupational, and drinking water routes of exposure before
establishing the tolerance. EPA applies the FQPA standard to all
tolerances for newly-registered chemicals and food uses.

EPA does not require registrants to submit any additional information
under this ICR in order for the Agency to determine that there is a
reasonable certainty that no harm will result from aggregate exposure.
However, Section 408 of FFDCA requires petitioners submit “an
information summary of the petition and of the data, information and
arguments submitted or cited in support of the petition.”  FQPA
requires EPA to consider additional information in order to make the
necessary regulatory decisions.  To allow for the most efficient
processing and review of tolerance petitions, the Agency provides a
description of the types of information it considers helpful in the
appendices to Pesticide Registration (PR) Notice No. 97-1 (See
Attachment D).  EPA encourages petitioners to submit supplemental
information with their petitions to help EPA determine whether there is
a reasonable certainty that no harm will result from aggregate exposure.

EPA uses the data to make decisions about the tolerance petitions.  The
Agency’s risk managers review, among other things, the regulatory
aspects of each petition and coordinate scientific review of the
supporting data.  Agency residue chemists and toxicologists review all
the applicable data.   As a result of these reviews, EPA is able to make
the statutory determination that the resulting pesticide residues in
food or feed will not cause unreasonable adverse dietary effects on
human health.

3.	Non Duplication, Consultations, and Other Collection Criteria

3(a).	Non duplication

To avoid potential overlap between the requirement of developing data in
support of a tolerance petition and the development of data required for
the registration of a pesticide under FIFRA, EPA allows the use of data
required to support a tolerance petition that are already archived in
EPA records for use as part of a FIFRA registration of a pesticide to be
used in a like manner and in the same use pattern.

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

	Pursuant to 5 CFR 1320.8(d), EPA will publish a Federal Register (FR)
notice announcing this proposed information collection activity and
providing a 60-day public comment period.  The Agency has established a
public docket for this proposal, which can be accessed at   HYPERLINK
"http://www.regulations.gov"  http://www.regulations.gov , using the
docket identifier EPA-HQ-OPP-2008-0927.  Comments received will be given
consideration when completing the supporting statement submitted to the
OMB.

3(c).	Consultations

In addition to the public notice that EPA will publish in the Federal
Register concerning the renewal of this ICR, the Agency will consult, as
required under 5 CFR 1320.8(d)(1), with stakeholders who actively
interact with the Agency through the use of this collection instrument.
A copy of the questions the EPA will ask as part of the consultations
are listed in Attachment E.

  	3(d).	Effects of Less Frequent Collection

Not applicable.  This activity is conducted only once per "event," so a
less frequent collection is not possible.

3(e).  General Guidelines

Due to the statutory mandate for the permanent retention of supporting
chemistry and toxicological data related to pesticides, the data
included in petitions must be maintained for the life of the pesticide.
This mandate exceeds the PRA guideline that records be retained for no
more than three years.

OMB’s regulations require agencies to provide a statement indicating
whether the proposed collection of information involves the use of
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses, and an explanation of the decision
(5 CFR 1320.5(a)(iii)(E)).  Registrants have the option to
electronically submit underlying study data required by the Agency in
support of the tolerance petition process. Under this option,
petitioners need only submit 2 two paper copies if they submit the
required study data in Adobe Acrobat Portable Document Format (PDF) on a
compact disc.  As EPA staff has become familiar with the electronic
submission process and the technology, OPP believes this option is
allowing the Agency to operate efficiently in the regulation of
pesticides through electronic delivery, review, interchange capability
and archiving of data supporting the petitions. Under this option, the
time normally required for OPP to complete its review of the data should
be shortened, thereby allowing faster regulatory decision-making.

The Agency believes that petitioners have become familiar with the
electronic submission process and the technology, and that they are able
to prepare their data submissions in less time.  The OPP expects
petitioners to spend less time and money on preparing copies and using
the hybrid paper-electronic submission option, and that they are
benefiting from the efficiencies that EPA expects to experience during
data reviews.

At this time of this renewal, OPP is not offering a fully electronic
submission option.  It is, however, beginning the process of defining
requirements for electronic submission of studies as well as other
elements of applications and petitions.  This includes efforts to
develop information technology approaches to adequately protect FIFRA
Confidential Business Information submitted over the Internet.  In the
interim, please see EPA’s Electronic Submission Interim Guidance
documents (Attachment F).

3(f).  Confidentiality

Trade secret or confidential business information (CBI) is frequently
submitted to the EPA in this program because submissions usually include
the manufacturing process, product formulation, and supporting data.
When such information is provided to the Agency, the information is
protected from disclosure under FIFRA Section 10.  CBI data submitted to
the EPA is handled strictly in accordance with the provisions of the
FIFRA Confidential Business Information Security Manual.

3(g).  Sensitive Questions

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

4.	The Respondents and the Information Requested

4(a).  Respondents/NAICS Codes

Respondents to this information collection activity include anyone who
files a petition asking the Agency to take a specific tolerance action.
Although such petitions typically come from those businesses engaged in
the manufacturing of pesticides, the Agency may also receive petitions
from other entities, including the Interregional Research Project No.4
(IR-4), third party registrants, grower groups, importers or other
governments, and concerned citizens.

Although it is impossible to identify all the North American Industrial
Classification System (NAICS) codes for all of the potential
respondents, the NAICS code for the most frequent type of respondent is:

Respondent

Category

NAICS code

Examples of potentially

affected entities

Pesticide and other agricultural chemical manufacturing

325320

Individuals or entities engaged in activities related to the
registration of a pesticide product.

4(b).  Information Requested

(i)    Data Items, Including Record Keeping Requirements

In addition to a cover letter and fee, a tolerance petition must include
the following nine parts:

Chemical identity

The name, chemical identity, and composition of the pesticide chemical.
If the pesticide chemical is an ingredient of a pesticide, the complete
quantitative formula of the resulting pesticide product should be
submitted.  The submission of this information does not restrict the
application of any tolerance or exemption granted to the specific
formula(s) submitted.

Chemical use

The amount, frequency, and time of application of the pesticide
chemical.

Safety reports

Include reports of investigations made with respect to the safety of the
pesticide chemical.  These reports should include, when necessary,
detailed data derived from appropriate animal or other biological
experiments in which the methods used and the results obtained are
clearly set forth.

Residue test results

The results of tests on the amount of residue remaining, including
description of the analytical method used.  (See 40 CFR 180.34 for
further information about residue tests.)

Residue removal

Practicable methods for removing residue that exceeds any proposed
tolerance.

Proposed tolerance

Proposed tolerances for the pesticidal chemical if specific tolerances
are being proposed.

Grounds for petition

Reasonable grounds in support of the petition.

Supplemental information

Analysis of factors relevant to the provisions of FQPA

Summary

An informative summary of the petition or application, including a
summary of the supporting data, information, accompanying rationales,
and a statement providing permission to publish such summary.  This
summary should indicate how approval of the petition will meet the
statutory determination required of “reasonable certainty of no
harm.”

There are no forms associated with this information collection. The data
compiled should be submitted as separate sections, suitably identified.
If data have already been submitted with an earlier application, the
petitioner may incorporate it by reference in the present petition.  The
petition must be submitted in triplicate.  The petitioner must also show
that the pesticide is already registered for the related food or feed
use, or that an application for the registration of a pesticide for the
related food or feed use has been submitted pursuant to FIFRA section 3
(See Attachment G).

(ii)   Respondent Activities

In order for a tolerance to be established for a pesticide product, a
respondent (petitioner) must do the following:

Review regulations

Read applicable FFDCA provisions and related tolerance regulations;

Prepare information

Prepare supplemental information to aid Agency decision-making
concerning a tolerance petition, as encouraged by the Agency and
outlined in Pesticide Registration Notice 97-1.

If necessary, this may involve:

conducting additional toxicological or residue chemistry studies

developing analytical methods

Prepare correspondence

Generate petition correspondence, including preparing an informative
summary to be published in the Federal Register;

Review Agency comment

If applicable, read any Agency notice of petition deficiency;

Respond to Agency comment

Submit supplemental information or petition, or request that petition be
filed as submitted; and

Maintain records

Store, file and maintain the information submitted.

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

5(a)	Agency Activities

Upon receipt of a tolerance petition, EPA performs the following
activities:

Log Receipt

Log petition and associated fee.

Review petition

Screen petition, fee, and supporting data for completeness and
acceptability; resolve any deficiencies with petitioner.

Prepare Federal Register notice

Upon acceptance, publish notice of filing in Federal Register.

Review data

Review supporting residue chemistry, toxicology data and other
assessments received.

Test analytical methods

Test proposed analytical methods in EPA laboratories, if they are new or
modified.

Integrate review

Integrate data reviews and determine adequacy; resolve any deficiencies
with petitioner, make registration decision.

Prepare decision document

Prepare decision document, Federal Register Notice with rule
establishing the tolerance(s) or exemption(s).

Maintain records

Record all actions and decisions in official records.

5(b).	Collection Methodology and Management

Specific studies submitted as part of petition are catalogued and
archived as they are received.  When the Agency review is complete, the
remaining portions of the petition record, including correspondence
subsequent to filing and all reviews, notices, and other materials
created by EPA in the course of its review, are catalogued and archived.
 All petition materials are retained permanently.

5(c).	Small Entity Flexibility

At times, small entities seek a tolerance or an exemption from the
requirement of a tolerance for pesticide residues resulting from
registered uses.  These actions are usually initiated for minor crop
uses for which the pesticide registrant is unwilling to seek a tolerance
or for residues on commodities which are not grown in the United States
and therefore for which there is no U.S. registrant, such as import
tolerances.  In such cases, the EPA can reduce the burden and cost to
small entities by adjusting the range of data requirements to be
commensurate with the extent of pesticide use.  The Agency also uses
this type of regulatory flexibility to set tolerances for residues on
commodities which are not grown in the United States.

5(d).	Collection Schedule

Not applicable.  This is not a scheduled collection.  A petition is
required only once for each raw or processed commodity on which the
pesticide is used.

6.	Estimating the Burden and Cost of the Collection

6(a).   Estimating Respondent Burden

 	Since 1995, the Agency has allowed for the use of a single petition to
request a tolerance action(s) for a group of similar crops, or "Crop
Groupings," rather than submitting individual petitions on a crop by
crop basis.  In reviewing some of the petitions, it is apparent that
many petitioners take advantage of this flexibility, including in the
petition requests for several tolerance actions.  Some have sought as
many as 15 crops per petition, including crop groupings.  FQPA
amendments allow anyone to submit a petition, where previously only
registrants could submit the petition.

Section 408 of FFDCA requires petitioners submit an information summary
of the petition and of the data, information and arguments submitted or
cited in support of the petition. FQPA requires EPA to consider
additional information in order to make the necessary regulatory
decisions.  EPA encouraged petitioners who previously submitted data
prior to enactment of the law to supplement their original submissions
with additional information to aid the Agency’s decision-making
process in light of its new statutory mandates.  To allow for the most
efficient processing and review of tolerance petitions, the Agency
provided a description of the types of information that EPA considers
helpful in the appendices to Pesticide Registration (PR) Notice No.
97-1.

EPA continues to encourage petitioners to develop new and/or submit any
existing supplemental information with their petitions to help EPA
determine whether there is a reasonable certainty that no harm will
result from aggregate exposure.  EPA uses the data to make decisions
about the tolerance petitions.  The Agency’s risk managers review,
among other things, the regulatory aspects of each petition and
coordinate scientific review of the supporting data.  Agency residue
chemists and toxicologists review all the applicable data.

Two types of respondent burden are considered in this analysis:
administrative burden and technical burden.  The respondents’
administrative burden is defined as the time spent to prepare and submit
a petition to the Agency.  This burden includes the time spent working
with the Agency throughout the petition process, gathering data and
supplemental information (such as safety reports, residue test data,
residue removal data), drafting the grounds for the petition, reviewing
and submitting the petition.  Technical burden includes the labor needed
to actually derive the test data which involves designing the test,
performing it, compiling test data and summarizing the results.  Only
burden related to the documentation of the test results, complying with
good laboratory standards in conducting the tests, and storing testing
information in files are included in the technical burden estimates for
this ICR.

	The Agency’s estimate of registrant burden was largely developed for
the previous Tolerance Petition ICR, using information from the
regulated community, and underwent several rounds of public scrutiny.
The information was supplemented with additional feedback from IR-4 and
pesticide registrants.  The estimate also draws from the expertise of
the Agency’s lead divisions for the tolerance petition review process
(AD, BPPD, and RD), and their understanding of changing programmatic
requirements that may affect registrant burden.  The Agency will
consider information received through public comment to further refine
estimates of registrant burden.

6(b) Estimating Respondent Cost

Consistent with recent ICR renewals, OPP has used labor cost estimates
from Agency

economists with respect to wages, benefits and overhead for all labor
categories for affected industries, state government, and EPA employees.
The goal is to continue to use a transparent, consistent methodology and
current, publicly-available data, to provide more accurate estimates and
allow easy replication of the estimates.

Methodology: The methodology uses data on each sector and labor type for
an Unloaded

wage rate (hourly wage rate), and calculates the Loaded wage rate
(unloaded wage rate +

benefits), and the Fully loaded wage rate (loaded wage rate + overhead).
Fully loaded wage rates are used to calculate respondent costs. This
renewal uses 2007 base data.

Unloaded Wage Rate: Wages are estimated for labor types (management,
technical, and

clerical) within applicable sectors. The Agency uses average wage data
for the relevant sectors available in the National Industry-Specific
Occupational Employment and Wage Estimates from the Bureau of Labor
Statistics (BLS) at http://www.bls.gov/oes/current/oes_nat.htm.

Sectors: The specific North American Industry Classification System
(NAICS) code and

website for each sector is included in that sector’s wage rate table.
Within each sector, the wage data are provided by Standard Occupational
Classification (SOC). The SOC system is used by Federal statistical
agencies to classify workers into occupational categories for the
purpose of collecting, calculating, or disseminating data (see
http://www.bls.gov/oes/current/oes_stru.htm ).

Loaded Wage Rate: Unless stated otherwise, all benefits represent 43% of
unloaded wage

rates, based on benefits for all civilian non-farm workers, from
ttp://www.bls.gov/news.release/ecec.t01.htm. However, if other sectors
are listed for which 43% is not applicable; the applicable percentage
will be stated.

Fully Loaded Wage Rate: We multiply the loaded wage rate by 50% (EPA
guidelines 20-

70%) to get overhead costs. A copy of the formula work sheets used to
re-estimate the labor rates and to derive the fully loaded rates and
overhead costs for this all of the respondents (registrants) and the
Agency for this ICR renewal are listed in Attachment H.

	The current ICR renewal estimates that an average of 103 tolerance
petitions will be submitted to the Agency each year for the next three
years.  This estimate is based on the average number of tolerance
petitions received by the Agency in the past three years (2006, 2007,
and 2008), and is a change from the estimate of the previous ICR of 150
tolerance petitions.  The Agency estimates that the average paperwork
burden associated with the submission of a single tolerance petition is
1,739 hours. This is an increase of 13 hours over the previous ICR for
tolerance petitions due to PRIA requirements.   Assuming that the Agency
will receive an average of 103 tolerance petitions each year for the
next 3 years, the Agency estimates that the overall annual paperwork
burden will be 179,117 hours.  This estimate is approximately 80
thousand hours less than the previous estimate, resulting from a
reduction in the estimated number of tolerance petitions that the Agency
anticipates receiving in the next three years.

Table 1. ANNUAL RESPONDENT BURDEN/COST ESTIMATES

ACTIVITIES	HOURS and RATES	COSTS

(per petition)

	Mgmt. $138/hr	Tech. $73/hr	Cler.

$42/hr	Total Hours

Total Costs

Review FFDCA regulations CFR citation; PRN 97-1	25	48	24	97	$7,962

Conduct Field Trial 	252	1,080	25	1,357	$114,666

Prepare Petition	55	30	116	201	$14,652

Read Notice of any petition deficiency	1	1	1	3	$253

Prepare response 	2	44	12	58	$3,992

Maintain information	1	8	14	23	$1,310

TOTAL BURDEN	336	1,211	192	1,739	$142,835

Data Source:  U.S. Department of Labor, Bureau of Labor Statistics, May,
2007. (See cost worksheet Attachment H).

 	The overall annual cost associated with this information collection,
based on an estimate of 103 petitions per year, is estimated to be
$14,712,005.  For respondents, the value of labor per hour for
management, technical, and clerical is $138, $73, and $42, respectively.
 Labor rates are by occupation for the Research and Development in the
Physical, Engineering, and Life Sciences industry and are taken from the
U.S. Department of Labor, Bureau of Labor Statistics.  Labor rates are
fully loaded and include benefits and overhead costs applied using
procedures outlined in the Agency’s 2002 publication “EPA Air
Pollution Control Cost Manual”.  Using the Agency’s burden estimate
and fully-loaded labor rates, the Agency estimates the applicant costs
to be approximately $142,835 per response.

ANNUAL COSTS:

Management:	336 hours * $138 per hour * 103 tolerance petitions =
$4,775,904

Technical:	1,211 hours * $73 per hour * 103 tolerance petitions =
$9,105,509

Clerical:	192 hours * $42 per hour * 103 tolerance petitions =	$830,592

	TOTAL :	$14,712,005

These labor burden estimates represent average time and costs.  Some
tolerance petitions will require less effort and more complicated
petitions will require more.  The analysis assumes that one respondent
will generate the data for a given petition.  If a consortium takes
responsibility for the petition, the burden and cost will be distributed
across members of the consortium.

6(c) Estimating Agency Burden and Cost

The Pesticide Registration Improvement Renewal Act (PRIA 2), which
became effective on October 1, 2007, requires the program to streamline
and create service fees for registration actions (see Attachment I).
This statute creates a more predictable evaluation process for affected
pesticide decisions, and couples the collection of individual fees with
specific decision review periods. PRIA 2 also promotes shorter decision
review periods for different types of pesticide applications.  PRA
burden hour and cost estimates for the PRIA program have been OMB
approved under the Pesticide Registration Fee Waivers ICR, 2070-0167;
EPA No# 2147.02 and are not included in the estimates for this ICR.  The
program reconfigured internal organizations to meet these new
challenges, which has reduced the PRA burden hours and costs for the
registrants, and increased PRA burden hours and costs on the Agency
under this ICR.

For this ICR renewal, the Agency is using data on internal OPP Divisions
that provide significant support and analysis for the FIFRA tolerance
petition ICR program.  This data is taken from the Time and Attendance
Information System (TAIS), which archives the Agency’s Full Time
Equivalents (FTEs) for most OPP program activities (see Attachment J)
In the past, the Agency burden calculations for this ICR reflected only
activities for the tolerance petition ICR lead divisions (the
Registration Division (RD), the Biopesticides and Pollution Prevention
Division (BPPD), and the Antimicrobial Division (AD)).  The 2009 renewal
has added the appropriate FTE activity data from the Health and Effects
Division (HED), the Biological and Economic Analysis Division (BEAD),
Special Review and Re-registration Division (SRRD), Field and External
Affairs Division (FEAD) and the Environmental Fate and Effects Division
(EFED).  This approach reflects that (8) OPP Divisions work together to
complete the activities related to OPP tolerance petition reviews.  The
Agency believes that using data from the TAIS reflects the changes to
the internal operations for implementing and administering tolerance
petition activities.  The major impetus for internal program realignment
was to implement the requirements of the Food Quality Protection Act of
1996 and the Pesticide Registration Improvement Act of 2003 (PRIA) as
reauthorized.

Using this new source of data the estimated number of Agency FTE’s
dedicated to tolerance petition activities is approximately 3 managerial
FTEs as shown in Table 2, 19 technical FTEs as shown in Table 3, and 2
clerical FTEs as shown in Table 4.  The aggregated Agency estimated FTE
dedicated to tolerance petition activities is 24 and the burden hours
are 49,920, assuming 2,080 hours per FTE.

Table 2 – Distribution of Agency Managerial FTEs Supporting Tolerance
Petition Activities3

AD	BEAD	BPPD	EFED	FEAD	HED	RD	SRRD

<1	<1	<1	<1	<1	<1	1.1	<1

Agency total 	3

Annual Agency burden hours were calculated using the number of hours per
FTE multiplied by the number of FTE’s (2080 * 3 = 6,240).

Table 3 – Distribution of Agency Technical FTEs Supporting Tolerance
Petition Activities

AD	BEAD	BPPD	EFED	FEAD	HED	RD	SRRD

<1	1.2	<1	2.5	<1	3.8	9.6	<1

Agency total 	19

Annual Agency burden hours were calculated using the number of hours per
FTE multiplied by the number of FTE’s (2080 *19 = 39,520).

Table 4 – Distribution of Agency Clerical FTEs Supporting FIFRA
Tolerance Petition Activities3

AD	BEAD	BPPD	EFED	FEAD	HED	RD	SRRD

<1	<1	<1	<1	<1	<1	<1	<1

Agency total 	2

Annual Agency burden hours were calculated using the number of hours per
FTE multiplied by the number of FTE’s (2080 * 2 = 4,160).

To determine Agency costs, the Agency used the Bureau of Labor
Statistics estimates of labor rates for the North American Industry
Classification System (NAICS) code for the Federal Executive Branch
(NAICS 999100).  The managerial labor rate is based on the Standard
Occupational Code (SOC) for management occupations; the technical labor
rate is based on the SOC for life, physical and social science
occupations; and the clerical labor rate is based on the SOC for office
and administrative support occupations.  The labor rates are fully
loaded and indexed to 2007 dollars.  The fully loaded hourly mean wage
rate estimate for managerial occupations is $103 for an average annual
FTE cost of $214,240 ($103 per hour * 2,080 hours).  For technical
occupations, the fully loaded mean wage rate is $71 for an average
annual FTE cost of $147,680.  And for clerical occupations, the fully
loaded mean wage rate is $41 for an average annual FTE cost of $85,280.
(See Worksheet for NAICS 999100 EPA or Federal Government, Attachment K)

To calculate the Agency’s estimated annual cost of tolerance petition
activities, the number of FTEs allocated to tolerance petition
activities is multiplied by the cost per FTE.  This represents the
Agency’s estimate of its cost that will result from tolerance petition
activities for each of the next three years. Annual estimated management
costs are $642,720 (3 FTE * $214,240 per FTE); technical costs are
$2,805,920 (19 FTE * $147,680 per FTE); and clerical costs are $170,560
(2 FTE * $85,280 per FTE).  Total estimated Agency cost is $3,619,200.

	6(d) Bottom Line Burden Hours and Cost

Table 5 - Burden Hour and Cost Summary

	Burden Hours	Cost

Registrant Burden	179,117	$14,712,005

Agency Burden	49,920	$3,619,200

6(e) Reason for Changes in Burden

Agency

The EPA has significantly lowered processing hours to about two-thirds
of the previous ICR due to changes in the anticipated number of
tolerance petitions in the next three years.  The Agency is also using a
new source of data consistent with its time reporting to calculate
burden.  According to this data source, processing tolerance petitions
requires significantly fewer hours than previously thought.  The
decrease in hours and costs reflects both internal program adjustments
and changes in the method used to calculate Agency burden.

Respondents

The average number of hours required to submit a tolerance petition has
not changed significantly from the last ICR.   Thirteen additional
managerial burden hours were added for each petition to the “prepare
petition” activity based on changes resulting from PRIA.  Labor rates
were also adjusted to reflect current information from the Bureau of
Labor Statistics, instead of updating data using an inflation index.

6(f) Burden Statement

The Agency has established a public docket for this ICR under Docket ID
No. EPA-HQ-OPP-2008-0927, which is available for online viewing at
HYPERLINK "http://www.regulations.gov"  www.regulations.gov , or in
person viewing at the OPP Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA.
This docket facility is open from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays.  The docket telephone number is (703)
305-5805.  You may submit comments regarding the Agency's need for this
information, the accuracy of the provided burden estimates and any
suggested methods for minimizing respondent burden, including the use of
automated collection techniques.

	Comments may be submitted to EPA electronically through
http://www.regulations.gov or by mail addressed to Director, Collection
Strategies Division, U.S. Environmental Protection Agency (2822T), 1200
Pennsylvania Ave., NW, Washington, D.C. 20460.  You can also send
comments to the Office of Information and Regulatory Affairs, Office of
Management and Budget, 725 17th Street, NW, Washington, DC 20503,
Attention: Desk Office for EPA.  Include docket ID No.
EPA-HQ-OPP-2008-0927 and OMB control number 2070-0024 in any
correspondence but do not submit information under this collection to
these addresses.

Attachments List

All of the attachments listed below can be found in the docket for this
ICR (unless otherwise noted); accessible electronically through
HYPERLINK "http://www.regulations.gov/"  www.Regulations.gov  . On the
main page, select Advanced Search from the menu bar at the top and
select Docket Search. Enter the Docket ID Number, EPA-HQ-OPP-2005-0291
in the Docket ID field. Click on the Submit button. From the results
page, you will be able to link to the docket view or directly open
select documents found in the docket.

ATTACHMENT A:	FFDCA Section 408 (21 U.S.C. Sections 346a).

21 USC 346a 	  HYPERLINK
"http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t21t25+14
9+1++%28%29%20%20AND%20%28%2821%29%20ADJ%20USC%29%3ACITE%20AND%20%28USC%
20w%2F10%20%28346a%29%29%3ACITE%20%20%20%20%20%20%20%20%20"
http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t21t25+149
+1++%28%29%20%20AND%20%28%2821%29%20ADJ%20USC%29%3ACITE%20AND%20%28USC%2
0w%2F10%20%28346a%29%29%3ACITE%20%20%20%20%20%20%20%20%20

ATTACHMENT B:  Accomplishments under the Food Quality Protection Act at
                                           HYPERLINK
"http://www.epa.gov/pesticides/regulating/laws/fqpa/fqpa_accomplishments
.htm"
http://www.epa.gov/pesticides/regulating/laws/fqpa/fqpa_accomplishments.
htm

ATTACHMENT C:	40 CFR Parts 180.7 through 180.41 - Tolerances and
Exemptions from Tolerances for Pesticide Chemicals in or on Raw
Agricultural Commodities.   HYPERLINK
"http://edocket.access.gpo.gov/cfr_2002/julqtr/pdf/40cfr180.41.pdf"
http://edocket.access.gpo.gov/cfr_2002/julqtr/pdf/40cfr180.41.pdf

ATTACHMENT D:	PR Notice 97-1 - Agency Actions under the Requirements of
the Food Quality Protection Act.

			  HYPERLINK "http://www.epa.gov/opppmsd1/PR_Notices/pr97-1.html"
http://www.epa.gov/opppmsd1/PR_Notices/pr97-1.html

ATTACHMENT E: 	List of Consultation Questions (Reserved)

ATTACHMENT F:	Electronic Submission Interim Guidance Documents
HYPERLINK
"http://www.epa.gov/pesticides/regulating/registering/submissions/"
http://www.epa.gov/pesticides/regulating/registering/submissions/

ATTACHMENT G:	FIFRA Section 3 (7 U.S.C. 136a)

			  HYPERLINK
"http://agriculture.senate.gov/Legislation/Compilations/Fifra/FIFRA.pdf"
 http://agriculture.senate.gov/Legislation/Compilations/Fifra/FIFRA.pdf

ATTACHMENT H:	Worksheets Used to Calculate Pesticide Registration
Industry Labor Costs

ATTACHMENT I:	PRIA 2 history at   HYPERLINK
"http://www.epa.gov/pesticides/regulating/fees/"
http://www.epa.gov/pesticides/regulating/fees/

ATTACHMENT J:	Time and Attendance Information System (TAIS) Plan Program
Accomplishment (PPA) Codes Used to Calculate EPA and Federal Government
Burden Hours

ATTACHMENT K:	Worksheets Used to Calculate EPA and Federal Government
Labor Costs

     	PR Notice 97-1 applies to most applicants with registration
applications, non-crop-destruct experimental use permit applications,
and tolerance or tolerance exemption petitions pending within the
Agency.  It also applies to most future applicants seeking new or
amended pesticide registrations and all actions involving synthetic
chemicals, antimicrobial, biochemical and microbial pesticides.

     	The Agency burden related to OPP’s Information Technology and
Resource Management Division (ITRMD) processing activities are not
included in the burden estimate because ITRMD provides the preliminary
data processing and tracking for many OPP ICR activities including
tolerance petitions.  These systems are integrated for efficient
processing, tracking, and maintaining data but they do not readily lend
themselves to a clear burden breakdown by ICR activity.

     	The FTE burden in SRRD and FEAD for each labor category
(managerial, technical and clerical) amounted to significantly less than
1 FTE. The estimate for the Agency FTE for each labor category was
rounded up to account for the contribution of FEAD and SRRD to the
tolerance petition FTE burden.

 PAGE

 PAGE  1

 PAGE   2


[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Rules and Regulations]
[Pages 5169-5170]
[FR Doc No: 2012-1825]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0250; Airspace Docket No. 11-AGL-6]

Amendment of Class E Airspace; South Bend, IN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Class E airspace in the South Bend, IN,
area. Additional controlled airspace is necessary to accommodate new
Area Navigation (RNAV) Standard Instrument Approach Procedures at Jerry
Tyler Memorial Airport, Niles, IN. The FAA is taking this action to
enhance the safety and management of Instrument Flight Rule (IFR)
operations at the airport. The

geographic coordinates and name of a navigation aid also will be
corrected.

DATES: Effective date: 0901 UTC, April 5, 2012. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On August 10, 2011, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to amend Class E airspace for the
South Bend, IN, area, creating additional controlled airspace at Jerry
Tyler Memorial Airport (76 FR 49385) Docket No. FAA-2011-0250.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received. Subsequent to publication, errors was found in
the name of the South Bend ILS Outer Marker and the geographic
coordinates of the Gipper VORTAC. This rule will make the corrections
to be in concert with the FAAs aeronautical database. Class E airspace
designations are published in paragraph 6005 of FAA Order 7400.9V dated
August 9, 2011, and effective September 15, 2011, which is incorporated
by reference in 14 CFR 71.1. The Class E airspace designations listed
in this document will be published subsequently in the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by amending Class E airspace extending upward from 700 feet
above the surface to accommodate new standard instrument approach
procedures at Jerry Tyler Memorial Airport, Niles, IN. This action is
necessary for the safety and management of IFR operations at the
airport. This action also corrects the name of the South Bend ILS Outer
Marker to the Misha Outer Marker, and adjusts the geographic
coordinates of the Gipper VORTAC in the airspace designation and
regulatory text. With the exception of editorial changes and the
changes described above, this action is the same as that proposed in
the NPRM.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace in the South Bend, IN, area.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9V, Airspace Designations and
Reporting Points, dated August 9, 2011, and effective September 15,
2011, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface.

* * * * *

AGL IN E5 South Bend, IN [Amended]

South Bend, South Bend Regional Airport, IN
    (Lat. 41[deg]42'30'' N., long. 86[deg]19'02'' W.)
Niles, Jerry Tyler Memorial Airport, IN
    (Lat. 41[deg]50'09'' N., long. 86[deg]13'31'' W.)
Gipper VORTAC
    (Lat. 41[deg]46'07'' N., long. 86[deg]19'07'' W.)
South Bend ILS Localizer
    (Lat. 41[deg]42'15'' N., long. 86[deg]19'59'' W.)
Misha Outer Marker
    (Lat. 41[deg]42'20'' N., long. 86[deg]13'09'' W.)

    That airspace extending upward from 700 feet above the surface
within a 8-mile radius of South Bend Regional Airport, and within
4.4 miles south and 7 miles north of the South Bend ILS Localizer
East Course, extending from South Bend Regional Airport to 10.5
miles east of the Misha outer marker, and within 4.4 miles west and
7 miles east of the Gipper VORTAC 001[deg] radial extending from the
South Bend Regional Airport to 10.5 miles north of the VORTAC, and
within a 6.4-mile radius of Jerry Tyler Memorial Airport, and within
4 miles northwest and 8 miles southeast of the Gipper VORTAC
226[deg] radial extending from the 6.4-mile radius of Jerry Tyler
Memorial Airport to 15.4 miles southwest of the airport.

    Issued in Fort Worth, Texas, on January 13, 2012.
Walter L. Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2012-1825 Filed 2-1-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 11, 2010 (Volume 75, Number 90)]
[Notices]
[Page 26211-26212]
[DOCID:fr11my10-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

April 29, 2010.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP10-652-000.
    Applicants: Dominion South Pipeline Company, LP.
    Description: Dominion South Pipeline Company, LP submits tariff
filing per 154.203: DSP 4-28-10 Baseline Filing to be effective 4/28/
2010.

    Filed Date: 04/28/2010.
    Accession Number: 20100428-5038.
    Comment Date: 5 p.m. Eastern Time on Monday, May 10, 2010.

    Docket Numbers: RP10-653-000.
    Applicants: Discovery Gas Transmission LLC.
    Description: Discovery Gas Transmission LLC Cash-out Report for
2009.
    Filed Date: 04/27/2010.
    Accession Number: 20100427-5175.
    Comment Date: 5 p.m. Eastern Time on Monday, May 10, 2010.

    Docket Numbers: RP10-654-000.
    Applicants: Equitrans, L.P.
    Description: Equitrans, LP submits Second Revised Sheet 319 to be
effective 5/1/2010.
    Filed Date: 04/28/2010.
    Accession Number: 20100428-0206.
    Comment Date: 5 p.m. Eastern Time on Monday, May 10, 2010.

    Docket Numbers: RP10-655-000.
    Applicants: Natural Gas Pipeline Company of America LLC.
    Description: Natural Gas Pipeline Company of America LLC submits an
amendment to an existing Transportation Rate Schedule FTS Agreement
with a negotiated rate exhibit with EDF Trading North America, LLC.
    Filed Date: 04/28/2010
    Accession Number: 20100428-0211.
    Comment Date: 5 p.m. Eastern Time on Monday, May 10, 2010.

    Docket Numbers: RP10-656-000.
    Applicants: Natural Gas Pipeline Company of America LLC.
    Description: Natural Gas Pipeline Company of America LLC submits
First Revised Sheet 34.F et al to FERC Gas Tariff, Seventh Revised
Volume 1 to be effective 5/1/10.
    Filed Date: 04/28/2010.
    Accession Number: 20100428-0212.
    Comment Date: 5 p.m. Eastern Time on Monday, May 10, 2010.

    Docket Numbers: RP10-657-000.
    Applicants: Gulfstream Natural Gas System, L.L.C.
    Description: Gulfstream Natural Gas Systems, LLC submits First
Revised Sheet 8A et al to FERC Gas Tariff, Original Volume 1 to be
effective 5/28/10.
    Filed Date: 04/28/2010.
    Accession Number: 20100428-0214.
    Comment Date: 5 p.m. Eastern Time on Monday, May 10, 2010.

    Docket Numbers: RP10-658-000.
    Applicants: ANR Storage Company.
    Description: ANR Storage Company submits tariff filing per 154.203:
Baseline Filing to be effective 4/28/2010.
    Filed Date: 04/28/2010.
    Accession Number: 20100428-5140.
    Comment Date: 5 p.m. Eastern Time on Monday, May 10, 2010.

    Docket Numbers: RP10-659-000.
    Applicants: Northwest Pipeline GP.
    Description: Northwest Pipeline GP submits Tenth Revised Sheet 396
et al to FERC Gas Tariff, Fourth Revised Volume 1 to be effective 5/28/
10.
    Filed Date: 04/28/2010.
    Accession Number: 20100428-0215.
    Comment Date: 5 p.m. Eastern Time on Monday, May 10, 2010.

    Docket Numbers: RP10-660-000.
    Applicants: North Baja Pipeline, LLC.
    Description: North Baja Pipeline, LLC submits tariff filing per
154.203: Baseline Filing to be effective 4/28/2010.
    Filed Date: 04/28/2010.
    Accession Number: 20100428-5149.
    Comment Date: 5 p.m. Eastern Time on Monday, May 10, 2010.

    Docket Numbers: RP10-661-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Transcontinental Gas Pipe Line Company, LLC submits
Second revised Sheet 6 et al to FERC Gas Tariff, Fourth Revised Volume
1, to be effective 5/29/10.
    Filed Date: 04/28/2010.
    Accession Number: 20100428-0216.
    Comment Date: 5 p.m. Eastern Time on Monday, May 10, 2010.

    Docket Numbers: RP10-662-000.
    Applicants: Cameron Interstate Pipeline, LLC.
    Description: Report of Cameron Interstate Pipeline, LLC, regarding
Annual Reports of Interruptible Transportation Revenue Sharing and
Penalty Sharing, report submitted April 28, 2010, for calendar year
2009.
    Filed Date: 04/28/2010.
    Accession Number: 20100428-5167.
    Comment Date: 5 p.m. Eastern Time on Monday, May 10, 2010.

    Docket Numbers: RP10-663-000.
    Applicants: Wyoming Interstate Company LLC.
    Description: Wyoming Interstate Company LLC submits tariff filing
per 154.203: Baseline to be effective 5/1/2010.
    Filed Date: 04/28/2010.
    Accession Number: 20100428-5178.
    Comment Date: 5 p.m. Eastern Time on Monday, May 10, 2010.

    Any person desiring to intervene or to protest in any of the above
proceedings 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) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference

to filings initiating a new proceeding, interventions or protests
submitted on or before the comment deadline need not be served on
persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-11120 Filed 5-10-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Notices]
[Pages 51239-51241]
[FR Doc No: 2016-18317]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78435; File No. SR-FINRA-2016-028]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Clarify the Operation of the Regulation NMS
Plan To Address Extraordinary Market Volatility

July 28, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 22, 2016, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by FINRA. FINRA has
designated the proposed rule change as constituting a ``non-
controversial'' rule change under paragraph (f)(6) of Rule 19b-4 under
the Act,\3\ which renders the proposal effective upon receipt of this
filing by the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to clarify the operation of the Regulation NMS
Plan to Address Extraordinary Volatility (``Plan'') following a Trading
Pause or Regulatory Halt in a security subject to the Plan.\4\
---------------------------------------------------------------------------

    \4\ Unless otherwise specified, the capitalized terms used
herein have the same meanings as set forth in the Plan.
---------------------------------------------------------------------------

    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    FINRA Rule 6121.01 (Trading Pauses) (``Rule'') sets forth
requirements applicable to member firms in connection with Trading
Pauses.\5\ The Rule addresses the Plan's provisions regarding Trading
Pause, including that no trades in an NMS Stock are permitted to occur
during a Trading Pause, and sets forth the circumstances under which
trading in an NMS Stock can resume after a Trading Pause. Currently,
the Rule also provides that FINRA may permit the resumption of trading
otherwise than on an exchange if trading has commenced on at least one
other national securities exchange. In addition, FINRA Rule 6190
(Compliance with Regulation NMS Plan to Address Extraordinary Market
Volatility) provides, among other things, that a member that is a
Trading Center in an NMS Stock must establish, maintain and enforce
written policies and procedures reasonably designed to comply with the
requirements of the Plan, including to prevent the execution of trades
at prices below the Lower Price Band or above the Upper Price Band for
an NMS Stock. The pilot period for the Plan was recently extended
through April 21, 2017.\6\
---------------------------------------------------------------------------

    \5\ 17 CFR 242.608.
    \6\ See Securities Exchange Act Release No. 77679 (April 21,
2016), 81 FR 24908 (April 27, 2016).
---------------------------------------------------------------------------

    FINRA and other self-regulatory organizations (SROs) are taking
measures to clarify the operation of the Plan that results from the
short period of time (generally up to three milliseconds) following the
resumption of trading after a Trading Pause or Regulatory Halt and
before the Price Bands are received from the Processor for securities
that are subject to the

Plan.\7\ Specifically, FINRA is proposing an amendment to Rule 6121.01
to provide that, following a Trading Pause or Regulatory Halt in an NMS
Stock that is subject to the Plan, a member may resume trading
otherwise than on an exchange if trading has commenced on the primary
listing exchange (or on another national securities exchange in the
case of the resumption of trading following a ten-minute trading pause)
and either: (1) The member has received the Price Bands from the
Processor; or (2) if immediately following a Trading Pause or
Regulatory Halt the member has not yet received the Price Bands from
the Processor, the member has calculated an upper price band and lower
price band consistent with the methodology provided for in Section V of
the Plan and ensures that any transactions prior to the receipt of the
Price Bands from the Processor are within the ranges provided for
pursuant to the Plan, consistent with Section VI(A)(1) of the Plan.
---------------------------------------------------------------------------

    \7\ See NASDAQ Equity Trader Alert #2016-79 (NASDAQ Announces
Improved Protections for Equity Markets Coming Out of Halts (``Leaky
Bands'')) (April 12, 2016); See Bats Release Notes (Bats Announces
Updates to Halt Resumption Behavior Effective July 15, 2016) (June
2, 2016). FINRA anticipates that other SROs will adopt similar
measures to calculate an interim band for their listed securities to
be applied in the brief time between the resumption of trading and
when the Price Bands are subsequently received from the Processor.
---------------------------------------------------------------------------

    The proposed rule change also clarifies what activity is permitted
around the resumption of trading following a Trading Pause. Previously,
the Rule provided that FINRA may permit the resumption of trading
following a Trading Pause if trading has resumed on any national
securities exchange. FINRA is revising the Rule to provide that members
may resume trading following a Trading Pause if trading has resumed on
the Primary Listing Exchange or, where the Primary Listing Exchange
does not reopen for trading at the end of a ten-minute Trading Pause
(and has issued notice that it cannot resume trading for a reason other
than a significant imbalance), a member may resume trading otherwise
than on an exchange if trading has commenced in such NMS Stock on at
least one other national securities exchange.\8\
---------------------------------------------------------------------------

    \8\ Deleted language from paragraph (b) is no longer applicable
because it addressed a transitional period in Plan implementation
prior to the Plan becoming effective as to all NMS Stocks. The Plan
applied to all NMS Stocks on December 8, 2013. Rights and warrants
are excluded from the Plan. See Securities Exchange Act Release No.
70273 (August 27, 2013), 78 FR 54321 (September 3, 2013) (File No.
4-631).
---------------------------------------------------------------------------

    Thus, the proposed amendment addresses the brief time between the
resumption of trading following a Trading Pause or Regulatory Halt and
when the Price Bands are received from the Processor by requiring
members to take measures to ensure bands are in place (either by
waiting for the receipt of the Price Bands from the Processor or
calculating an interim upper price band and lower price band and
ensuring that trades occur within those bands). Members may not rely on
interim bands beyond the short period of time (generally up to three
milliseconds) between the resumption of trading and the receipt of
Price Bands by market participants.
    FINRA has filed the proposed rule change for immediate
effectiveness. The operative date of the proposed rule change will be
August 22, 2016.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\9\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. The proposed rule change also is designed to support
the principles of Section 11A(a)(1) of the Act \10\ in that it seeks to
assure fair competition among brokers and dealers and among exchange
markets.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78o-3(b)(6).
    \10\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

    The proposed rule change is designed to better implement the goals
of the Plan, which has been approved by the Commission as reasonably
designed to prevent potentially harmful price volatility, including
severe volatility of the kind that occurred on May 6, 2010. In
clarifying the operation of the Plan, the proposed rule change seeks to
help ensure that the goals of the Plan are met. Accordingly, FINRA
believes that the proposed rule change will further the goals of
investor protection and fair and orderly markets.

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

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change seeks
to require members to take measures to ensure that their trading
activity is in compliance with FINRA Rule 6190 and the Plan, and does
not impose requirements that do not currently exist under FINRA rules,
FINRA guidance and the Plan.
    Specifically, a member that is a Trading Center in an NMS Stock
already is required to establish, maintain and enforce written policies
and procedures that are reasonably designed to comply with the
requirements of the Plan, including to prevent the execution of trades
at prices that are outside of the Price Bands. To comply with this
requirement, members must be aware of the upper and lower price bands
applicable to their trading activity. This proposal provides that,
immediately following a halt of a security subject to the Plan, a
member may not resume trading until trading has resumed on the primary
listing exchange (or on another national securities exchange in the
case of the resumption of trading following a ten-minute pause) and
either the member has received the Price Bands from the processor or
has established interim bands calculated in compliance with the Plan.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-
4(f)(6) thereunder.\12\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act.

Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2016-028 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2016-028. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of FINRA. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-FINRA-2016-028 and should be
submitted on or before August 24, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-18317 Filed 8-2-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Notices]
[Page 24965]
[FR Doc No: 2017-11196]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

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

    Docket Numbers: ER17-1461-001.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Tariff Amendment: DEC-Greenwood Response to Deficiency
Letter to be effective 7/1/2017.
    Filed Date: 5/24/17.
    Accession Number: 20170524-5136.
    Comments Due: 5 p.m. ET 6/14/17.

    Docket Numbers: ER17-1462-001.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Tariff Amendment: DEC-Concord Response to Deficiency
Letter to be effective 7/1/2017.
    Filed Date: 5/24/17.
    Accession Number: 20170524-5121.
    Comments Due: 5 p.m. ET 6/14/17.

    Docket Numbers: ER17-1474-001.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Tariff Amendment: DEC-Kings Mountain Response to
Deficiency Letter to be effective 7/1/2017.
    Filed Date: 5/24/17.
    Accession Number: 20170524-5140.
    Comments Due: 5 p.m. ET 6/14/17.

    Docket Numbers: ER17-1486-001.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Tariff Amendment: DEC-Forest City Response to
Deficiency Letter to be effective 7/1/2017.
    Filed Date: 5/24/17.
    Accession Number: 20170524-5132.
    Comments Due: 5 p.m. ET 6/14/17.

    Docket Numbers: ER17-1492-001.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Tariff Amendment: DEC-Dallas Response to Deficiency
Letter to be effective 7/1/2017.
    Filed Date: 5/24/17.
    Accession Number: 20170524-5124.
    Comments Due: 5 p.m. ET 6/14/17.

    Docket Numbers: ER17-1520-001.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Tariff Amendment: DEC-Lockhart Response to Deficiency
Letter to be effective 1/1/2016.
    Filed Date: 5/24/17.
    Accession Number: 20170524-5142.
    Comments Due: 5 p.m. ET 6/14/17.

    Docket Numbers: ER17-1576-001.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Tariff Amendment: DEC-Western Carolina Response to
Deficiency Letter to be effective 7/1/2017.
    Filed Date: 5/24/17.
    Accession Number: 20170524-5149.
    Comments Due: 5 p.m. ET 6/14/17.

    Docket Numbers: ER17-1582-001.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Tariff Amendment: DEC-Highlands Response to Deficiency
Letter to be effective 7/1/2017.
    Filed Date: 5/24/17.
    Accession Number: 20170524-5138.
    Comments Due: 5 p.m. ET 6/14/17.

    Docket Numbers: ER17-1611-001.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Tariff Amendment: DEC-Prosperity Response to
Deficiency Letter to be effective 7/1/2017.
    Filed Date: 5/24/17.
    Accession Number: 20170524-5147.
    Comments Due: 5 p.m. ET 6/14/17.

    Docket Numbers: ER17-1614-001.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Tariff Amendment: DEC-Due West Response to Deficiency
Letter to be effective 1/1/2016.
    Filed Date: 5/24/17.
    Accession Number: 20170524-5128.
    Comments Due: 5 p.m. ET 6/14/17.

    Docket Numbers: ER17-1671-000.
    Applicants: Gulf Coast Solar Center II, LLC.
    Description: Baseline eTariff Filing: Application for Market Based
Rate to be effective 5/31/2017.
    Filed Date: 5/24/17.
    Accession Number: 20170524-5092.
    Comments Due: 5 p.m. ET 6/14/17.

    Docket Numbers: ER17-1672-000.
    Applicants: Gulf Coast Solar Center III, LLC.
    Description: Baseline eTariff Filing: Application for Market Based
Rate to be effective 5/31/2017.
    Filed Date: 5/24/17.
    Accession Number: 20170524-5098.
    Comments Due: 5 p.m. ET 6/14/17.

    Docket Numbers: ER17-1674-000.
    Applicants: ITC Midwest LLC.
    Description: Sec.  205(d) Rate Filing: Filing of an Amended and
Restated Interconnection Agreement to be effective 7/24/2017.
    Filed Date: 5/24/17.
    Accession Number: 20170524-5165.
    Comments Due: 5 p.m. ET 6/14/17.

    Docket Numbers: ER17-1675-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2017-05-24_SA 2856
MidAmerican-MidAmerican 2nd Revised GIA (J411) to be effective 5/25/
2017.
    Filed Date: 5/24/17.
    Accession Number: 20170524-5166.
    Comments Due: 5 p.m. ET 6/14/17.

    Docket Numbers: ER17-1676-000.
    Applicants: ITC Midwest LLC.
    Description: Sec.  205(d) Rate Filing: Filing of a Master Joint Use
Agreement for Distribution Underbuild to be effective 7/24/2017.
    Filed Date: 5/24/17.
    Accession Number: 20170524-5169.
    Comments Due: 5 p.m. ET 6/14/17.

    Docket Numbers: ER17-1677-000.
    Applicants: ITC Midwest LLC.
    Description: Sec.  205(d) Rate Filing: Cancellation of Joint Use
Agreements with Consumers Energy Cooperative to be effective 7/24/2017.
    Filed Date: 5/24/17.
    Accession Number: 20170524-5170.
    Comments Due: 5 p.m. ET 6/14/17.

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

    Docket Numbers: ES17-18-000.
    Applicants: Consumers Energy Company.
    Description: Amendment to April 27, 2017 Application for
Authorization to Issue Securities of Consumers Energy Company.
    Filed Date: 5/24/17.
    Accession Number: 20170524-5159.
    Comments Due: 5 p.m. ET 6/5/17.

    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: May 24, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-11196 Filed 5-30-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 84 (Tuesday, May 4, 2021)]
[Notices]
[Page 23775]
[FR Doc No: 2021-09352]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-610, OMB Control No.3235-0707]

Proposed Collection; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736.

Extension:
    Form SF-1.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Form SF-1 (17 CFR 239.44) is the registration statement for non-
shelf issuers of assets-backed securities register a public offering of
their securities under the Securities Act of 1933 (15 U.S.C. 77a et
seq.). The information collected is intended to ensure that the
information required to be filed by the Commission permits verification
of compliance with securities law requirements and assures the public
availability of such information in the asset-backed securities market.
Form SF-1 takes approximately 1,384 hours per response and is filed by
approximately 6 respondents. We estimate that 25% of the 1,384 hours
per response (346 hours) is prepared by the registrant for a total
annual reporting burden of 2,076 hours (346 hours per response x 6
responses).
    Written comments are invited on: (a) Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Please direct your written comment to David Bottom, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Cynthia
Roscoe, 100 F Street NE, Washington, DC 20549 or send an email to:
<EMAIL_ADDRESS>
    Dated: April 29, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-09352 Filed 5-3-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 4, 2008 (Volume 73, Number 66)]
[Notices]
[Page 18543-18544]
[DOCID:fr04ap08-70]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2007-0042]

Application for the Containerized Cargo Ship ATLANTIC COMPASS,
review for inclusion in the Shipboard Technology Evaluation Program;
Draft Environmental Assessment

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability and request for public comments.

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

SUMMARY: The Coast Guard announces the availability of the Draft
Environmental Assessment (DEA) for the containerized cargo ship
ATLANTIC COMPASS. The DEA describes the ATLANTIC COMPASS' application
for the Shipboard Technology Evaluation Program (STEP) Ballast Water
Treatment System demonstration initiative. The DEA for the ATLANTIC
COMPASS also addresses effects on the human and natural environments
from installing, testing, and using the Ecochlor, Inc. ballast water
treatment system as the vessel operates in U.S. waters.

DATES: Comments and related materials must reach the Docket Management
Facility on or before June 3, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2007-0042 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) 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.
    (3) Hand Delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    (4) Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: If you have questions on the Draft
Environmental Assessment (DEA) or would like a copy of the DEA, please
contact LCDR Brian Moore, telephone<PHONE_NUMBER> or e-mail:
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, please call Ms. Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to submit comments and related materials about the
Draft Environmental Assessment (DEA) described in this notice. Persons
submitting comments should include their names and addresses, the
docket number for this notice (USCG-2007-0042), and the reasons for
each comment. You may submit your comments and materials by mail, hand
delivery, fax, or electronic means to the Docket Management Facility
listed under ADDRESSES. If you choose to submit them by mail or hand
delivery, submit them in an unbound format, no longer than 8\1/2\ by 11
inches, and suitable for copying and electronic filing. If you submit
them by mail and would like to know if they reached the Facility,
please enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and materials received during the comment period.

Public Meetings

    We do not intend to hold any public meetings in association with
this DEA.

Legislative and Regulatory History

    In the Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990, as reauthorized, and as amended by the National Invasive Species
Act of 1996, Public Law 101-646 and Public Law 104-332, respectively,
Congress directed the Coast Guard to prevent introduction of aquatic
nonindigenous species (NIS) from ballast water discharged by ships. 16
U.S.C. 4711. To achieve this objective, the Coast Guard wrote new
regulations in 33 CFR 151, subparts C and D. 58 FR 18330, April 8,
1993, and 69 FR 44952, July 28, 2004, respectively.
    On December 8, 2004, the Coast Guard published a notice in the
Federal Register announcing its Shipboard Technology Evaluation Program
(STEP) for experimental shipboard ballast water treatment systems. 69
FR 1802. The program goal is to promote development of alternatives to
ballast water exchange as a means of preventing invasive species
entering U.S. waters through ships' ballast water. The comments we
received support testing prototype treatment equipment and developing
effective and practicable standards for approving this equipment.
    In accordance with the National Environmental Policy Act of 1969
(Section 102(2)(c)), as implemented by the Council of Environmental
Quality regulations in 40 CFR parts 1500-1508 and Coast Guard
Commandant Instruction M16475.1D, ``National Environmental Policy Act
Implementing Procedures and Policy for Considering Environmental
Impacts'', the Coast Guard prepared a Programmatic Environmental
Assessment (PEA) for the STEP to evaluate the environmental impacts
from installing and operating a limited number of prototype ballast
water treatment systems. 69 FR 71068. The PEA can be found in docket
USCG-2001-9267. That PEA addresses potential effects to the natural and
human environments including fish, marine mammals, invertebrates,
microorganisms and plankton, submerged and emergent species, threatened
and endangered species, and essential fish habitat. It also requires
each system to be evaluated for localized effects on the ports and
waterways where a vessel involved in the program operates.
    We request your comments on the potential impacts of installing,
using, and testing the Ecochlor, Inc. ballast water treatment system on
the containerized cargo ship ATLANTIC COMPASS, as analyzed in the DEA.
We also request your comments on sources of data, reference material,
or other information not included in the DEA. Your comments will be
considered in preparing a Final Environmental Assessment for the
ATLANTIC COMPASS.

    Dated: March 25, 2008.
J.G. Lantz,
U.S. Coast Guard, Director of Commercial Regulations and Standards.
 [FR Doc. E8-6988 Filed 4-3-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Notices]
[Pages 38795-38796]
[FR Doc No: 2013-15323]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Aviation
Research Grants Program

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The FAA Aviation Research and Development Grants Program
establishes uniform policies and procedures for the award and
administration of research grants to colleges, universities, not for
profit organizations, and profit organizations for security research.
The collection of data is required from prospective grantees in order
to adhere to applicable statutes and OMB circulars.

DATES: Written comments should be submitted by August 26, 2013.

FOR FURTHER INFORMATION CONTACT: Kathy DePaepe at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0559.
    Title: Aviation Research Grants Program.

    Form Numbers: SF-269, SF-270, SF-272, SF-424, SF-3881, FAA Form
9550-5.
    Type of Review: Renewal of an information collection.
    Background: This program implements OMB Circular A-110, Public Law
101-508, Section 9205 and 9208 and Public Law 101-604, Section 107(d).
Information is required from grantees for the purpose of grant
administration and review in accordance with applicable OMB circulars.
The information is collected through a solicitation that has been
published by the FAA. Prospective grantees respond to the solicitation
using a proposal format outlined in the solicitation in adherence to
applicable FAA directives, statutes, and OMB circulars.
    Respondents: Approximately 100 grantees.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 6.5 hours.
    Estimated Total Annual Burden: 650 hours.

ADDRESSES: Send comments to the FAA at the following address: Ms. Kathy
DePaepe, Room 126B, Federal Aviation Administration, AES-200, 6500 S.
MacArthur Blvd., Oklahoma City, OK 73169.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Issued in Washington, DC on June 20, 2013.
Albert R. Spence,
FAA Assistant Information Collection Clearance Officer, IT Enterprises
Business Services Division, AES-200.
[FR Doc. 2013-15323 Filed 6-26-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: June 6, 2007 (Volume 72, Number 108)]
[Notices]
[Page 31303-31304]
[DOCID:fr06jn07-57]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC07-515-000; FERC-515]

Commission Information Collection Activities, Proposed
Collection; Comment Request; Extension

May 30, 2007.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice.

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

SUMMARY: In compliance with the requirements of section 3506(c)(2)(a)
of the Paperwork Reduction Act of 1995 (Pub. L. No. 104-13), the
Federal Energy Regulatory Commission (Commission) is soliciting public
comment on the specific aspects of the information collection described
below.

DATES: Comments on the collection of information are due August 9,
2007.

ADDRESSES: Copies of sample filings of the proposed collection of
information can be obtained from the Commission's Web site (http://www.ferc.gov/docs-filings/elibrary.asp
) or from the Federal Energy

Regulatory Commission, Attn: Michael Miller, Office of the Executive
Director, ED-34, 888 First Street NE., Washington, DC 20426. Comments
may be filed either in paper format or electronically. Those parties
filing electronically do not need to make a paper filing. For paper
filing, the original and 14 copies of such comments should be submitted
to the Secretary of the Commission, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426 and refer to
Docket No. IC07-515-000. Documents filed electronically via the
Internet must be prepared in WordPerfect, MS Word, Portable Document
Format, or ASCII format. To file the document, access the Commission's
Web site at http://www.ferc.gov and click on ``Make an e-Filing'' and

then follow the instructions for each screen. First time users will
have to establish a user name and password. The Commission will send an
automatic acknowledgement to the sender's e-mail address upon receipt
of comments.
    All comments may be viewed, printed or downloaded remotely via the
Internet through FERC's homepage using the eLibrary link. For user
assistance, contact<EMAIL_ADDRESS>or toll-free at (866)
208-3676 or for TTY, contact<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Michael Miller may be reached by
telephone at<PHONE_NUMBER>, by fax at<PHONE_NUMBER>, and by e-mail at
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: The information collected under the
requirements of FERC-515 ``Hydropower Licensing: Declaration of
Intention'' (OMB No. 1902-0079) is used by the Commission to implement
the statutory provisions of Part I, Sections 23(b) of the Federal Power
Act 16 U.S.C. 817. Section 23(b) authorized the Commission to make a
determination as to whether it has jurisdiction over a proposed
hydroelectric project. Section 23(b) also requires that any person
intending to construct project works on a navigable commerce clause
water must file a declaration of their intention with the Commission.
If the Commission finds the proposed project will have an impact on
``interstate or foreign commerce'', then the person intending to
construct the project must obtain a Commission license or exemption
before starting construction. Such sites are generally on streams
defined as U.S. navigation waters, and over which the Commission has
jurisdiction under its authority to regulate foreign and interstate
commerce. The information is collected in the form of a written
application, declaring the applicant's intent and used by Commission
staff to research the jurisdictional aspects of the project. This
research includes examining maps and land ownership records to
establish whether or not there is Federal jurisdiction over the lands
and waters affected by the project. A finding of non-jurisdictional by
the Commission eliminates a substantial paperwork burden for the
applicant who might otherwise have to file for a license or exemption
application. The Commission implements these filing requirements in the
Code of Federal Regulations (CFR) under 18 CFR part 24.
    Action: The Commission is requesting a three-year extension of the
current expiration date, with no changes to the existing collection of
data.
    Burden Statement: Public reporting burden for this collection is
estimated as:

----------------------------------------------------------------------------------------------------------------
                                             Number of
                                           responses per   Average burden hours per    Total annual burden hours
  Number of  respondents  annually  (1)     respondent           response  (3)                (1)x(2)x(3)
                                                (2)
----------------------------------------------------------------------------------------------------------------
10......................................               1  80 hours..................  800 hours.
----------------------------------------------------------------------------------------------------------------

    The estimated total cost to respondents is $46,976 (800 hours
divided by 2,080 hours per employee per year times $122,137 per year
average salary per employee. The cost per respondent = $4,698.
    The reporting burden includes the total time, effort, or financial
resources expended to generate, maintain, retain, disclose, or provide
the information including: (1) Reviewing instructions; (2) developing,
acquiring, installing, and utilizing technology and systems for the
purposes of collecting, validating, verifying, processing, maintaining,
disclosing and providing information; (3) adjusting the existing ways
to comply with any previously applicable instructions and requirements;
(4) training personnel to respond to a collection of information; (5)
searching data sources; (6) completing and reviewing the collection of
information; and (7) transmitting, or otherwise disclosing the
information.
    The estimate of cost for respondents is based upon salaries for
professional and clerical support, as well as direct and indirect
overhead costs. Direct costs include all costs directly attributable to
providing this information, such as administrative costs and the cost
for information technology. Indirect or overhead costs are costs
incurred by an organization in support of its mission. These costs
apply to activities which benefit the whole organization rather than
any one particular function or activity.
    Comments are invited on: (1) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information to be collected; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology e.g. permitting electronic submission of
responses.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-10811 Filed 6-5-07; 8:45 am]

BILLING CODE 6717-01-P