[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Rules and Regulations]
[Pages 9181-9182]
[FR Doc No: 2018-04325]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2014-0839; Airspace Docket No. 14-AEA-7]

Amendment of Class E Airspace; Selinsgrove, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace extending upward from 700
feet above the surface in Selinsgrove, PA. A new area navigation (RNAV)
global positioning system (GPS) standard instrument approach procedure
has been developed at Penn Valley Airport, requiring airspace
reconfiguration at the airport. This action enhances the safety and
airspace management of instrument flight rules (IFR) operations at the
airport. This action also updates the geographic coordinates of the
airport.

DATES: Effective 0901 UTC, May 24, 2018. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11B, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11B at NARA, call<PHONE_NUMBER>, or go
to https://

www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
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 Class E airspace extending upward from 700 feet above the
surface at Penn Valley Airport, Selinsgrove, PA, to support IFR
operations at the airport.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (82 FR 55060, November 20, 2017) for Docket No. FAA-2014-0839
to amend Class E airspace extending upward from 700 feet above the
surface at Penn Valley Airport, Selinsgrove, PA. Interested parties
were invited to participate in this rulemaking effort by submitting
written comments on the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11B dated August 3, 2017, and effective September 15,
2017, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and
Reporting Points, dated August 3, 2017, and effective September 15,
2017. FAA Order 7400.11B is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11B lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 amends Class E airspace extending upward from 700 feet above
the surface within a 9-mile radius (increased from an 8-mile radius) of
Penn Valley Airport, Selinsgrove, PA, to accommodate the new RNAV (GPS)
standard instrument approach procedure to Runway 35 developed for the
safety and management of IFR operations at the airport.
    The action removes the segment extending northbound from the
Selinsgrove VOR/DME because it is no longer required as part of the
airspace redesign.
    The geographic coordinates of the airport are amended to coincide
with the FAA's aeronautical database, and the name of the navigation
aid is corrected from VORTAC to VOR/DME.

Regulatory Notices and Analyses

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

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists 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 part 71 continues to read as follows:

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

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting Points, dated August 3, 2017,
effective September 15, 2017, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AEA PA E5 Selinsgrove, PA [Amended]

Penn Valley Airport, PA
    (Lat. 40[deg]49'16'' N, long. 76[deg]51'551'' W)
Selinsgrove VOR/DME
    (Lat. 40[deg]47'27'' N, long. 76[deg]53'03'' W)

    That airspace extending upward from 700 feet above the surface
within a 9-mile radius of Penn Valley Airport, and within 5 miles
southeast of the Selinsgrove VOR/DME 207[deg] radial, extending from
the 9-mile radius 10 miles southwest of the VOR/DME.

    Issued in College Park, Georgia, on February 23, 2018.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2018-04325 Filed 3-2-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: October 29, 2007 (Volume 72, Number 208)]
[Notices]
[Page 61196-61197]
[DOCID:fr29oc07-97]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. OST--07-28901]

Notice of Request for Renewal of a Previously Approved Collection

AGENCY: Office of the Secretary, DOT.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, (44
U.S.C. 3501 et seq.), this notice announces that the Information
Collection Request (ICR) abstracted below has been forwarded to the
Office of Management and Budget (OMB) for renewal and comment. The ICR
describes the nature of the information collection and its expected
cost and burden. The Federal Register Notice, with a 60-day comment
period soliciting comments on the following collection of information,
was published on August 8, 2007 {FR Vol 72, No. 152, page 44605{time} .
No comments were received.

DATES: Comments on this notice must be received by November 28, 2007
to: Attention DOT/OST Desk Officer, Office of Information and
Regulatory Affairs, Office of Management and Budget, Docket Library,
Room 10102, 725 17\th\ Street, NW., Washington, DC 20503.

ADDRESSES: You may submit comments (identified by DOT DMS Docket Number
OST-07-28901) by any of the following methods:
     Web Site: http://dms.dot.gov. Follow the instructions for

submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
     Hand Delivery: West Building, Ground Floor, Rm. W-12-140,
1200 New Jersey Ave, SE., Washington, DC 20590-0001, between 9 a.m. and
5 p.m., Monday through Friday, except on Federal holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the online instructions for submitting

comments.
    Instructions: All submissions must include the agency name and
docket number or Regulatory Identification Number (RIN) for this
rulemaking. For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading of the SUPPLEMENTARY INFORMATION section of this
document. Note that all comments received will be posted without change

to http://dms.dot.gov including any personal information provided.

Please see the Privacy Act heading under Regulatory Notes.
    Docket: For access to the docket to read background documents or
comments received, go to http://dms.dot.gov at any time or to the West

Building, Ground Floor, Rm. W-12-140, 1200 New Jersey Ave, SE.,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except on Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ellen Shields, Business Policy
Division, M-61, Office of the Senior Procurement Executive, Office of
the Secretary,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Title: Uniform Administrative Requirements for Grants and
Cooperative Agreements With Institutions of Higher Education,
Hospitals, and Other Nonprofit Organizations.
    OMB Control Number: 2105-0531.
    Affected Public: Schools, Hospitals and other Nonprofit
Organizations applying for or receiving assistance from the Department
of Transportation.
    Annual Estimated Burden: 10,500 hours. There is no change to the
annual estimated burden.
    Abstract: The requested extension of the approved control number
covers only those DOT programs that utilize the standard OMB forms SF
269, SF 270, SF 271, 272 and SF 424.
    Comments are invited on: (a) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; (b) the accuracy of the Department's estimate of the burden of
the proposed information collection; (c) ways to enhance the quality,
utility and clarity of the information collection; and (d) ways to
minimize the burden of the collection of information on respondents,
including the use of automated collection techniques or other forms of
information technology. All responses to this notice will be summarized
and included in the request for OMB approval.

    Issued in Washington, DC, on October 23, 2007.
David J. Litman,
Senior Procurement Executive.
 [FR Doc. E7-21253 Filed 10-26-07; 8:45 am]

BILLING CODE 4910-62-P


[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Notices]
[Page 37156]
[FR Doc No: 2017-16745]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a closed meeting on Thursday, August
10, 2017 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the closed meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(7), (a)(9)(ii) and (a)(10), permit
consideration of the scheduled matters at the closed meeting.
    Commissioner Stein, as duty officer, voted to consider the items
listed for the closed meeting in closed session.
    The subject matters of the closed meeting will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed; please contact Brent J. Fields from
the Office of the Secretary at<PHONE_NUMBER>.

    Dated: August 3, 2017.
Brent J. Fields,
Secretary.
[FR Doc. 2017-16745 Filed 8-4-17; 11:15 am]
 BILLING CODE 8011-01-P


SF 83 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY NSPS for Small Industrial Commercial Institutional Steam Generating Units ( 40 CFR part 60, subpart Dc) ( Renewal)

1. Identification of the Information Collection 1( a) Title of the Information Collection NSPS for Small Industrial Commercial Institutional Steam Generating Units ( 40 CFR part 60, subpart Dc) ( Renewal)

1( b) Short Characterization/ Abstract The New Source Performance Standards ( NSPS) for small industrial commercialinstitutional steam generating units, published at 40 CFR 60.40c, were proposed on June 9, 1989, and promulgated on September 12, 1990. These standards apply to industrial commercialinstitutional steam generating units with maximum design heat input capacity of 29 megawatts ( MW) ( 100 million Btu/ hr) or less, but greater than or equal to 2.9 MW ( 10 million Btu/ hr), commencing construction, modification, or reconstruction after June 9, 1989. The standards limit the emissions of sulfur dioxide ( SO 2) and particulate matter ( PM). For the purposes of this document, new units are those affected units that have had construction, modification, or reconstruction within the last three years. This information is being collected to assure compliance with 40 CFR part 60, subpart Dc.

In general, all NSPS standards require initial notifications, performance tests, and periodic reports. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance, and are required of all sources subject to NSPS.

Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the file for at least two years following the date of such measurements, maintenance reports, and records. All reports are sent to the delegated state or local authority. In the event that there is no such delegated authority, the reports are sent directly to the United States Environmental Protection Agency ( EPA) regional office. Once received by the authority, reports are reviewed and the data is entered, analyzed, and maintained in the Air Facility System ( AFS). Information from these reports can be used by any regions, states, agencies and offices with access to AFS and may be used in determining where inspections and enforcement actions may be necessary.

Approximately 213 sources are currently subject to the regulation, and it is estimated that an additional 11 sources per year will become subject to the regulation in the next three years. It is further assumed that there is an average of 1.7 affected facilities per plant. The annual cost of 2 this ICR will be $ 9,466,145 for nonlabor and $ 10,206,909 for labor ( based on a labor burden of 156,610 hours) for a total of $ 19,673,054.

The active ( previous) ICR had the following Terms of Clearance:

" This request for extension of ICR OMB number 2060 0202 is approved for three years pursuant to the Paperwork Reduction Act. Before resubmission of this ICR for extension, the Agency should demonstrate in the Supporting Statement how estimates of the respondents and estimates of the burden per respondent were developed taking into account Agency experience and public/ respondent comments."

EPA has addressed the items of concern in the Terms of Clearance in three ways. To determine the current number of respondents, EPA queried the RACT/ BACT/ LAER Clearinghouse ( RBLC) to determine the number of permits issued since June 1989 for steam generating units within the size range covered by subpart Dc. The RBLC contains information on all permits issued by states and EPA, and represents the best data source to identify the current number of respondents. To forecast the number of new sources over the next three years, EPA used current industry energy forecasts from the Energy Information Agency ( EIA), in combination with trends in new permits issued ( using the RBLC), to estimate the number of new sources in each of the next three years. Finally, to estimate burden, EPA used detailed cost data on the installation and, operation and maintenance of monitoring equipment ( EPA Air Pollution Control Manual, January 2002), and closely followed the monitoring requirements in subpart Dc to estimate burden. For example, a subset of sources under this subpart are required to monitor SO 2 emissions before and after a control device, requiring additional monitoring equipment and costs. For PM, a subset of the sources under this subpart are required to install continuous opacity monitors. Using data in the RBLC, EPA determined the number of existing sources ( and estimated the number of new sources) that fall into each of the monitoring categories. This information is provided in Section 6( b)( iii) of this supporting statement.

2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection The EPA is charged under Section 111 of the Clean Air Act ( CAA), as amended, to establish standards of performance for new stationary sources that reflect:

. . . application of the best technological system of continuous emissions reduction which ( taking into consideration the cost of achieving such emissions reduction, or any non air quality health 3 and environmental impact and energy requirements) the Administrator determines has been adequately demonstrated. Section 111( a)( l).

The Agency refers to this charge as selecting the best demonstrated technology ( BDT). Section 111 also requires that the Administrator review and, if appropriate, revise such standards every four years.

In the Administrator's judgment, SO 2 and PM emissions from small industrial commercialinstitutional steam generating units cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. Therefore, the NSPS were promulgated for this source category at 40 CFR part 60, subpart Dc.

2( b) Practical Utility/ Users of the Data The control of emissions of SO 2 and PM from small industrial commercial institutional steam generating units requires not only the installation of properly designed equipment, but also the operation and maintenance of that equipment. Emissions of SO 2 and PM from small industrial commercial institutional steam generating units are the result of combustion of fuels in the boilers. The subject standards are achieved by the capture and reduction of SO 2 and PM emissions using control technologies such as settling chambers, cyclones, wet collectors and scrubbers, electrostatic precipitators, and fabric filters. The notifications required in the applicable regulations are used to inform the Agency or delegated authority when a source becomes subject to the requirements of the regulations. The reviewing authority may then inspect the source to check if the pollution control devices are properly installed and operated and the regulations are being met. Performance test reports are needed as these are the Agency's record of a source's initial capability to comply with the emission standards. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations. The information generated by the monitoring, recordkeeping and reporting requirements described in this ICR is used by the Agency to ensure that facilities affected by the NSPS continue to operate the control equipment in compliance with the regulation. Adequate monitoring, recordkeeping, and reporting are necessary to ensure compliance with the applicable regulations, as required by the Clean Air Act. The information collected from recordkeeping and reporting requirements is also used for targeting inspections, and is of sufficient quality to be used as evidence in court.

3. Nonduplication, Consultations, and Other Collection Criteria The requested recordkeeping and reporting are required under 40 CFR part 60, subpart Dc. 4 3( a) Nonduplication If the subject standards have not been delegated, the information is sent directly to the appropriate EPA regional office. Otherwise, the information is sent directly to the delegated state or local agency. If a state or local agency has adopted its own similar standards to implement the federal standards, a copy of the report submitted to the state or local agency can be sent to the Administrator in lieu of the report required by the federal standards. Therefore, no duplication exists.

3( b) Public Notice Required Prior to ICR Submission to OMB An announcement of a public comment period for the renewal of this ICR was published in the Federal Register ( 69 FR 29718) on May 25, 2004. No comments were received on the burden published in the Federal Register.

3( c) Consultations EPA used information from the Energy Information Agency ( including the Annual Energy Outlook) to determine the current number of sources and to estimate the number of new sources over the next three years. EPA also reviewed data in the RACT/ BACT/ LAER Clearinghouse and the OTIS database. Please note that because the respondents covered under this subpart span a wide range of manufacturing, service, and institutional sectors, a specific trade group does not exist that covers the sources regulated by this subpart.

EPA also spoke with Stephen D. Smith, Senior Safety and Environmental Engineer for Novus Engineering PC ( 518 439 8235), whose company represents some facilities that are subject to this rule. He had the following comments.

Thank you for your interest in receiving a brief synopsis of our concerns regarding the requirement for the collection of Fuel Supplier Certification documents, which are described at 40 CFR 60.42c( h), 60.44c( h), 60.48c( e)( 11) and 60.48c( f). While this requirement provides relief from the more onerous and expensive Continuous Emissions Monitoring of sulfur, as written, the requirement imposes an unreasonable burden on the regulated community for the following reasons:

1. Fuel oil suppliers are usually small carting operations that receive oil from large distribution facilities. The distribution facilities are constantly receiving and distributing oil. Given the time it takes for oil to be sampled, tested, and the results to be returned, it is not possible for a test to reflect the current sulfur content of any distributor's tank or any load of oil dispensed to a delivery truck and provided to a facility. Therefore, the copious information that is collected does 5 not serve its intended purpose.

2. Given that the testing is conducted by the oil distributor and the oil is transported by a carter, neither the carter nor the facility receiving the oil can have any control over the information that is included in the fuel supplier certification form. NSPS wrongly make the facility responsible for the information contained in the form.

3. Certification is required for each delivery of fuel. Given that several deliveries per day may be received by a facility during the winter months, NSPS reports often include scores of unnecessary pages of duplicate information.

3( d) Effects of Less Frequent Collection Less frequent information collection would decrease the margin of assurance that facilities are continuing to meet the standards. Requirements for information gathering and recordkeeping are useful techniques to ensure that good operation and maintenance practices are applied and emission limitations are met. If the information required by these standards was collected less frequently, the likelihood of detecting poor operation and maintenance of control equipment and noncompliance would decrease.

3( e) General Guidelines None of these reporting or recordkeeping requirements violate any of the regulations established by OMB at 5 CFR 1320.5.

3( f) Confidentiality Any information submitted to the Agency for which a claim of confidentiality is made will be safeguarded according to the Agency policies set forth in Title 40, Chapter 1, part 2, subpart B  Confidentiality of Business Information ( see 40 CFR 2; 41 FR 36902, September 1, 1976; amended by 43 FR 40000, September 8, 1978; 43 FR 42251, September 20, 1978; 44 FR 17674, March 23, 1979).

3( g) Sensitive Questions None of the reporting or recordkeeping requirements contain sensitive questions.

4. The Respondents and the Information Requested 6 4( a) Respondents/ SIC Codes The respondents to the recordkeeping and reporting requirements are facilities with small industrial commercial institutional steam generating units. The types of businesses that use these units cross many manufacturing, service, and institutional SIC ( United States Standard Industrial Classification) codes and NAICS ( United States Standard Industrial Classification) codes. Therefore, the list of SIC/ NAICS codes below are for industries that might be covered under 40 CFR part 60, subpart Dc and is not all inclusive.

Standard SIC Codes NAICS Codes 40 CFR Part 60, Subpart Dc 13 211 24 321 26 322 28 325 29 324 30 316, 326, 339 33 331 34 332 37 336 49 221 80 622 82 611 4( b) Information Requested ( i) Data Items All data in this ICR that are recorded and/ or reported are required by 40 CFR part 60, subpart Dc, Standards of Performance for Small Industrial Commercial Institutional Steam Generating Units. 7 A source must make the following reports:

Notification Reports Notification of construction or reconstruction. 60.7( a)( 1), 60.48c( a)

Notification of anticipated startup 60.7( a)( 2), 60.48c( a)

Notification of actual startup date. 60.7( a)( 3)

Notification of modification. 60.7( a)( 4)

Notification of demonstration of continuous monitoring system. 60.7( a)( 5)

Notification of initial performance test. 60.8( a), 60.8( d)

Reports Semiannual reports of excess emissions and performance of continuous monitoring systems, and/ or summary report forms. 60.7( c), 60.7( d), 60.48c( c), 60.48c( d), 60.48c( j)

Initial performance test results and any subsequent performance tests and, if applicable, the performance evaluation of the CEMS and/ or COMS. 60.8( a) and 60.48c( b)

A respondent must keep the following records:

Recordkeeping Keep records of startups, shutdowns, and malfunctions of affected facilities; malfunctions of control devices; and periods where the continuous monitoring system is inoperative. 60.7( b)

Keep records of measurements, performance evaluations, calibration checks, adjustments and maintenance related to continuous monitoring systems. 60.7( f)

Keep records regarding SO 2 emission limits, fuel oil sulfur limits, or percent reduction requirements. 60.48c( e), 60.48c( f), 60.48c( g), and 60.48( h) 8 Electronic Reporting Presently, respondents are using monitoring equipment that provides automated parameter data ( e. g., SO 2 and PM emissions). Although personnel at the affected plants must evaluate the data, this type of monitoring equipment has significantly reduced the burden associated with monitoring and recordkeeping. In addition, some regulatory entities ( both governments and respondents) are setting up electronic reporting systems to allow sources to report electronically, which is reducing the reporting burden. It is estimated that approximately 10 percent of respondents use electronic reporting.

( ii) Respondent Activities Respondent Activities Read instructions.

Install, calibrate, maintain, and operate CEMS for SO 2 or sample fuel prior to combustion and estimate emissions using Method 6B. Install, calibrate, maintain, and operate COMS for opacity.

Perform initial performance test for SO 2, Reference Method 19 test ( Method 6B for fuel sampling), and repeat performance tests if necessary.

Perform initial performance test for PM, Reference Methods 1, 5, 5B, 9, and/ or 17, and repeat performance tests if necessary.

Write the notifications and reports listed above.

Enter information required to be recorded above.

Submit the required reports, developing, acquiring, installing, and utilizing technology and systems for the purpose of collecting, validating, and verifying information.

Develop, acquire, install, and utilize technology and systems for the purpose of processing and maintaining information.

Develop, acquire, install, and utilize technology and systems for the purpose of disclosing and providing information.

Adjust the existing ways to comply with any previously applicable instructions and requirements.

Train personnel to be able to respond to a collection of information. 9 Respondent Activities Transmit, or otherwise disclose the information.

5. The Information Collected: Agency Activities, Collection Methodology, and Information Management 5( a) Agency Activities EPA conducts the following activities in connection with the acquisition, analysis, storage, and distribution of the required information.

Agency Activities Observe initial performance tests and repeat performance tests, if necessary.

Review notifications and reports, including performance test reports, and excess emissions reports, required to be submitted by industry.

Audit facility records.

Input, analyze, and maintain data in the Air Facility System ( AFS).

5( b) Collection Methodology and Management Following notification of startup, the reviewing authority might inspect the source to determine whether the pollution control devices are properly installed and operated and the regulations are being met. Performance test reports are used by the Agency to discern a source's initial capability to comply with the emission standard, and serve as a record of the operating conditions under which compliance was achieved. Data and records maintained by the respondents are tabulated and published for use in compliance and enforcement programs. The semiannual reports are used for problem identification, as a check on source operation and maintenance, and for compliance determinations.

Information contained in the reports is entered into the AFS, which is operated and maintained by EPA's Office of Compliance. AFS is EPA's database for the collection, maintenance, and retrieval of compliance data for approximately 125,000 industrial and government owned facilities. EPA uses the AFS for tracking air pollution compliance and enforcement by local and state regulatory agencies, EPA regional offices and EPA headquarters. EPA and its delegated Authorities can edit, store, retrieve and analyze the data. 10 The records required by this regulation must be retained by the owner or operator for two years.

5( c) Small Entity Flexibility There is a distribution of business sizes among the regulated industry. Due to technical considerations involving the process operations and the types of control equipment employed, the recordkeeping and reporting requirements are the same for both small and large entities. The impact of recordkeeping and reporting requirements of this subpart on small businesses was taken into consideration during the development of the regulation. Although the recordkeeping and reporting requirements are the same for small and larger businesses, the Agency considers these requirements the minimum needed to ensure compliance and, therefore, cannot reduce these requirements further for small businesses. To the extent that larger businesses can use economies of scale to reduce their burden, the overall burden will be reduced.

5( d) Collection Schedule The specific frequency for each information collection activity within this request is shown in Table 1: Annual Respondent Burden and Cost, NSPS subpart Dc, Standards of Performance for Small Industrial Commercial Institutional Steam Generating Units.

6. Estimating the Burden and Cost of the Collection Table 1 documents the computation of individual burdens for the recordkeeping and reporting requirements applicable to the industry for the subpart included in this ICR. The individual burdens are expressed under standardized headings believed to be consistent with the concept of burden under the Paperwork Reduction Act. Where appropriate, specific tasks and major assumptions have been identified. Responses to this information collection are mandatory.

The Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB Control Number.

6( a) Estimating Respondent Burden The average annual burden to industry over the next three years from these recordkeeping and reporting requirements is estimated to be 156,610 hours. These hours are based on Agency studies and background documents from the development of the regulation, Agency knowledge and experience with the NSPS program, the previously approved ICR, and any comments received.

6( b) Estimating Respondent Costs 11 ( i) Estimating Labor Costs This ICR uses the following labor rates:

Managerial $ 95.32 ($ 45.39 + 110%) Technical $ 64.60 ($ 30.76 + 110%) Clerical $ 40.09 ($ 19.09 + 110%)

These rates are from the United States Department of Labor, Bureau of Labor Statistics, December, 2003, " Table 10. Private industry, by occupational and industry group." The rates are from column 1, " Total compensation." The rates have been increased by 110% to account for the benefit packages available to those employed by private industry.

( ii) Estimating Capital/ Startup and Operation and Maintenance Costs The type of industry costs associated with the information collection activities in the subject standard are both labor costs, which are addressed elsewhere in this ICR, and the costs associated with continuous monitoring. The capital/ startup costs are one time costs when a facility becomes subject to the regulation. The annual operation and maintenance costs are the ongoing costs to maintain the monitor( s) and other costs such as photocopying and postage.

( iii) Capital/ Startup vs. Operation and Maintenance ( O& M) Costs The following table presents the respondent costs associated with capital/ startup, and operation and maintenance of the monitoring systems that are required by 40 CFR part 60, subpart Dc.

Capital/ Startup vs. Operation and Maintenance ( O& M) Costs ( A)

Continuous Monitoring Device ( B)

Capital/ Startu p Cost for One Device ( C)

Annual Number of New Devices ( D)

Total Annual Capital/ Startu p Cost, ( B X C) ( E)

Annual O& M Costs for One Device ( F)

Annual Number of Devices ( G)

Total O& M, ( E X F)

SO2 Monitoring CEMS, control device inlet and outlet $ 113,592 0 $ 0 $ 25,900 26 $ 673,400 12 Capital/ Startup vs. Operation and Maintenance ( O& M) Costs CEMS, control device outlet only $ 73,028 19 $ 1,387,532 $ 17,100 3741 $ 6,395,400 PM Monitoring COMS for sources burning coal, residual oil, or wood $ 47,033 2.2 $ 103,473 $ 9,100 97.42 $ 886,340 Total $ 1,491,005 $ 7,955,140 1 This represents an annual average of 235 existing respondents, multiplied by an average of 1.7 affected units per respondent, less an annual average of 26 units requiring inlet and outlet monitoring.

2 This represents 93 existing affected units that require COMS, plus 2.2 new affected units per year that require COMS, averaged over the next three years.

Cost information in the above table is from the EPA Air Pollution Control Cost Manual, January 2002. To estimate the costs, EPA used data from Table 4.12: Default Analyzed and Monitor Equipment Costs for CEMS, Table 4.13: Coefficients for Calculating Total Capital Investment ( TCI) for CEMS, and Table 4.14: Coefficients for Calculating Total Annual Costs ( TAC) for CEMS, along with equations presented in Section 4.2, Total Capital Investment, and Section 4.3, Total Annual Costs.

The total capital/ startup costs for this ICR are $ 1,491,005. This is the total of column D in the above table. These costs are shown on the OMB 83 I form in block 14( a), Total annualized capital/ startup costs.

The total operation and maintenance ( O& M) costs for this ICR are $ 7,955,140. This is the total of column G. These costs are shown on the OMB 83 I form in block 14( b), Total annual costs ( O& M).

The total respondent costs in block 14 have been calculated as the addition of the capital/ startup costs, and the annual operation and maintenance costs. The average annual cost for capital/ startup and operation and maintenance costs to industry over the next three years of the ICR is estimated to be $ 9,466,145. This cost is shown on the OMB 83 I form in block 14( c), Total annualized cost requested. The numbers in block 14 of the OMB 83 I form are rounded to show the cost in thousands of dollars. 13 6( c) Estimating Agency Burden and Cost The only costs to the Agency are those costs associated with analysis of the reported information. EPA's overall compliance and enforcement program includes activities such as the examination of records maintained by the respondents, periodic inspection of sources of emissions, and the publication and distribution of collected information.

The average annual Agency cost during the three years of the ICR is estimated to be $ 177,840.

This cost is based on the average hourly labor rate as follows:

Managerial $ 54.66 ( GS 13, Step 5, $ 34.16 x 1.6) Technical $ 40.56 ( GS 12, Step 1, $ 25.35 x 1.6) Clerical $ 21.95 ( GS 6, Step 3, $ 13.72 x 1.6)

These rates are from the Office of Personnel Management ( OPM) " 2004 General Schedule" which excludes locality rates of pay. These rates can be obtained from the OPM web site, http// www. opm. gov/ oca/ payrates/ index/ htm. Details upon which this estimate is based appear in Table 2: Annual Agency Burden and Cost, NSPS Subpart Dc, Standards of Performance for Small Industrial Commercial Institutional Steam Generating Units ( 40 CFR part 60, subpart Dc), below.

6( d) Estimating the Respondent Universe and Total Burden and Costs Based on our research for this ICR, approximately 213 existing sources are currently subject to the standard. It is estimated that an additional 11 sources per year will become subject to the standard in the next three years.

The number of respondents is calculated using the following table, which addresses the three years covered by this ICR.

Number of Respondents Respondents That Submit Reports Respondents That Do Not Submit Any Reports 14 Number of Respondents Year ( A) Number of New Respondents 1 ( B) Number of Existing Respondents ( C) Number of Existing Respondents that keep records but do not submit reports ( D) Number of Existing Respondents That Are Also New Respondents 1 ( E) Number of Respondents ( E= A+ B+ C D)

1 11 213 0 0 224 2 11 224 0 0 235 3 11 235 0 0 246 Average 11 224 0 0 235 1 New respondents include plants with constructed, reconstructed and modified affected sources. EPA assumes that all new sources also represent new respondents.

To avoid double counting respondents column D is subtracted. As shown above, the average Number of Respondents over the three year period of this ICR is 235. This number appears on the OMB 83 I form in block 13( a), Number of respondents.

The total number of annual responses per year is calculated using the following table.

Total Annual Responses ( A)

Information Collection Activity ( B)

Number of Respondents ( C)

Number of Responses ( D) Number of Existing Respondents That Keep Records But Do Not Submit Reports ( E) Total Annual Responses E=( BxC)+ D Notification of construction/ reconstruction 4 1.7 0 7 Notification of modification 7 1.7 0 12 Notification of actual start up 11 1.7 0 19 Notification of initial performance test 11 1.7 0 19 Notification of CEMS demonstration 11 1.7 0 19 Semiannual compliance reports 235 2 0 470 15 Total Annual Responses Total 546 The number of Total Annual Responses is 546. This number is shown on the OMB 83 I form in block 13( b), Total annual responses.

The Total Hours Requested is shown on the OMB 83 I form in block 13( c). The total annual labor costs are $ 10,206,909. The annual labor costs are not shown on the OMB 83 I form. Details regarding these estimates may be found in Table 1: Annual Respondent Burden and Cost, NSPS Subpart Dc, Standards of Performance for Small Industrial Commercial Institutional Steam Generating Units ( 40 CFR Part 60, Subpart Dc).

6( e) Bottom Line Burden Hours Burden Hours and Cost Tables The detailed bottom line burden hours and cost calculations for the respondents and the Agency are shown in Tables 1 and 2, respectively, and summarized below.

( i) Respondent Tally The Total Hours Requested is shown on the OMB 83 I form in block 13( c). The total annual labor costs are $ 10,206,909. The annual labor costs are not shown on the OMB 83 I form. Details regarding these estimates may be found in Table 1: Annual Respondent Burden and Cost, NSPS subpart Dc, Standards of Performance for Small Industrial Commercial Institutional Steam Generating Units ( 40 CFR part 60, subpart Dc). Furthermore, the annual public reporting and recordkeeping burden for this collection of information is estimated to average 287 hours per response.

The total annual capital/ startup and O& M costs to the regulated entity are $ 9,466,145. This number is shown on the OMB 83 I form in block 14( c), Total annualized cost requested. The cost calculations are detailed in Section 6( b)( iii), Capital/ Startup vs. Operation and Maintenance ( O& M) Costs.

( ii) The Agency Tally 16 The average annual Agency burden and cost over next three years is estimated to be 4,496 labor hours at a cost of $ 177,840. See Table 2: Annual Agency Burden and Cost, NSPS subpart Dc, Standards of Performance for Small Industrial Commercial Institutional Steam Generating Units ( 40 CFR part 60, subpart Dc), above.

6( f) Reasons for Change in Burden The decrease in burden from the most recently approved ICR is due to adjustments. The adjustment decrease in burden from the most recently approved ICR is primarily due to a decrease in the expected number of new sources over the next three years and the resulting decrease in the burden associated with submitting notifications. The estimated respondent burden associated with capital/ startup and operation and maintenance costs has decreased to less than the current OMB inventory due to a reduction in the number of new sources and revisions to operation and maintenance costs.

6( g) Burden Statement The annual public reporting and recordkeeping burden for this collection of information is estimated to average 287 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB Control Number. The OMB Control Numbers for EPA's regulations are listed at 40 CFR part 9 and 48 CFR Chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID Number OECA 2004 0010, which is available for public viewing at the Enforcement and Compliance Docket and Information Center in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Avenue, NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the Enforcement and Compliance Docket and Information Center is ( 202) 566 1752. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public 17 comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select " search," then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number OECA 2004 0010 and OMB Control Number 2060 0202 in any correspondence.

Part B of the Supporting Statement This part is not applicable because no statistical methods were used in collecting this information. 18 Table 1: Annual Respondent Burden and Cost, NSPS Subpart Dc, Standards of Performance for Small Industrial

Commercial Institutional Steam Generating Units ( 40 CFR part 60, subpart Dc)

Activity ( A) Technical Hrs/ Occurrence ( B) Occurrences/

Respondent/

Yr. ( C) Hours/ Respondent/

Yr. ( D) Number of Respondents ( E) Technical Hrs/ Yr.

( E = C x D) ( F) Management Hours/ Yr.

( F = 0.05 x E) ( G) Clerical Hours/ Yr.

( G = 0.1 x E) ( H)

Total Labor Costs/ Yr.

($) 1 1. Applications Not applicable 2. Survey and Studies Not applicable 3. Reporting Requirements A. Read instructions 2 1 2 11 22 1.1 2.2 1,614 B. Required activities i. Performance test ( 2.9  8.7 MW) 3 8 2 16 7 112 5.6 11.2 8,218 ii. Performance test ( 8.7  29 MW) 3 330 2 660 4 2640 132 264 193,710 C. Create information See 3B D. Gather existing information See 3E E. Write reports i. Notification of construction/

reconstruction 2 1.7 3.4 4 13.6 0.68 1.36 998 ii. Notification of modification 2 1.7 3.4 7 23.8 1.19 2.38 1,746 iii. Notification of actual start up 2 1.7 3.4 11 37.4 1.87 3.74 2,744 iv. Notification of initial performance test 2 1.7 3.4 11 37.4 1.87 3.74 2,744 v. Notification of demo of CEMS 2 1.7 3.4 11 37.4 1.87 3.74 2,744 vi. Semiannual reports 16 2 32 235 7,520 376 752 551,780 vii. Results of performance test See 3B 19 Activity ( A) Technical Hrs/ Occurrence ( B) Occurrences/

Respondent/

Yr. ( C) Hours/ Respondent/

Yr. ( D) Number of Respondents ( E) Technical Hrs/ Yr.

( E = C x D) ( F) Management Hours/ Yr.

( F = 0.05 x E) ( G) Clerical Hours/ Yr.

( G = 0.1 x E) ( H)

Total Labor Costs/ Yr.

($) 1 4. Recordkeeping Requirements A. Read instructions See 3A B. Plan activities Not applicable C. Implement activities Not applicable D. Develop record system Not applicable E. Check computer system, calibrate continuous monitors 1.5 365 547.5 235 128,662.5 6,433.13 12,866.25 9,440,611 F. Train personnel Not applicable G. Perform audits Not applicable TOTAL LABOR BURDEN AND COST ( rounded) 156,610 hours $ 10,206,909 1 This cost is based on the sum of personnel hours multiplied by their hourly labor rates [( Technical hours x $ 64.60) + ( Management hours x $ 95.32) +

( Clerical hours x $ 40.09)].

2 Occurrences/ respondent for new facilities is based on an average of 1.7 affected facilities per respondent, with an estimated ten percent retest.

3 This estimate includes performance test ( opacity) for coal, wood and oil fired steam generating units and test of continuous emissions monitor. 20 Table 2: Annual Agency Burden and Cost, NSPS subpart Dc, Standards of Performance for Small Industrial Commercial

Institutional Steam Generating Units ( 40 CFR part 60, subpart Dc)

Activity ( A) Technical Hrs/ Occurrence ( B) Occurrences/

Respondent/

Yr. 1 ( C) Hours/ Respondent/ Yr.

© = A x B) ( D)

# Respondents ( E) Technical Hrs/

Yr.

( E = C x D) ( F) Management Hours/ Yr.

( F = 0.05 x E) ( G) Clerical Hours/ Yr.

( G = 0.1 x E) ( H)

Total Labor Costs/ Yr.

($) 2 1. Review of notification of construction/ reconstruction 2 1.7 3.4 4 13.6 0.68 1.36 619 2. Review of notification of modification 2 1.7 3.4 7 23.8 1.19 2.38 1,083 3. Review of notification of actual start up 2 1.7 3.4 11 37.4 1.87 3.74 1,701 4. Review of initial CEMS demonstration 2 1.7 3.4 11 37.4 1.87 3.74 1,701 5. Review of demonstration of monitoring system 2 1.7 3.4 11 37.4 1.87 3.74 1,701 6. Review of semiannual reports 8 2 16 235 3,760 188 376 171,035 TOTAL LABOR BURDEN AND COST ( rounded) 4,496 hours $ 177,840 1 Occurrences/ respondent for new facilities is based on an average of 1.7 affected facilities per respondent.

2 This cost is based on the sum of personnel hours multiplied by their hourly labor rates [( Technical hours x $ 40.56) + ( Management hours x $ 54.66) +

( Clerical hours x $ 21.95)]. 21


[Federal Register: December 30, 2008 (Volume 73, Number 250)]
[Notices]
[Page 79885-79887]
[DOCID:fr30de08-90]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0650]

Agency Information Collection Activities; Proposed Collection;
Comment Request; General Administrative Procedures: Citizen Petitions;
Petition for Reconsideration or Stay of Action; Advisory Opinions

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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SUMMARY:  The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on the reporting requirements
contained in existing FDA regulations regarding the general
administrative procedures for a person to petition the Commissioner of
Food and Drugs (the Commissioner) to issue, amend, or revoke a rule; to
file a petition for an administrative reconsideration or an
administrative stay of action; and to request an advisory opinion from
the Commissioner.

DATES:  Submit written or electronic comments on the collection of
information by March 2, 2009.

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

FOR FURTHER INFORMATION CONTACT:  Jonna Capezzuto, Office of
Information Management (HFA-710), Food and Drug Administration, 5600
Fishers Lane, Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice

of the proposed collection of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

General Administrative Procedures: Citizen Petitions; Petition for
Reconsideration or Stay of Action; Advisory Opinions--(OMB Control
Number 0910-0183)--Extension

    The Administrative Procedures Act (5 U.S.C. 553(e)) provides that
every agency shall give an interested person the right to petition for
issuance, amendment, or repeal of a rule. Section 10.30 (21 CFR 10.30)
sets forth the format and procedures by which an interested person may
submit to FDA, in accordance with Sec.  10.20 (21 CFR 10.20)
(submission of documents to Division of Dockets Management), a citizen
petition requesting the the Commissioner to issue, amend, or revoke a
regulation or order, or to take or refrain from taking any other form
of administrative action.
    The Commissioner may grant or deny such a petition, in whole or in
part, and may grant such other relief or take other action as the
petition warrants. Respondents are individuals or households, State or
local governments, not-for-profit institutions and businesses or other
for-profit institutions or groups.
    Section 10.33 (21 CFR 10.33) issued under section 701(a) of the
Federal, Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 371(a)),
sets forth the format and procedures by which an interested person may
request reconsideration of part or all of a decision of the
Commissioner on a petition submitted under 21 CFR 10.25 (initiation of
administrative proceedings). A petition for reconsideration must
contain a full statement in a well-organized format of the factual and
legal grounds upon which the petition relies. The grounds must
demonstrate that relevant information and views contained in the
administrative record were not previously or not adequately considered
by the Commissioner. The respondent must submit a petition no later
than 30 days after the decision involved. However, the Commissioner
may, for good cause, permit a petition to be filed after 30 days. An
interested person who wishes to rely on information or views not
included in the administrative record shall submit them with a new
petition to modify the decision. FDA uses the information provided in
the request to determine whether to grant the petition for
reconsideration. Respondents to this collection of information are
individuals of households, State or local governments, not-for-profit
institutions, and businesses or other for-profit institutions who are
requesting from the Commissioner of FDA a reconsideration of a matter.
    Section 10.35 (21 CFR 10.35), issued under section 701(a) of the
act, sets forth the format and procedures by which an interested person
may request, in accordance with Sec.  10.20 (submission of documents to
Division of Dockets Management), the Commissioner to stay the effective
date of any administrative action.
    Such a petition must do the following: (1) Identify the decision
involved; (2) state the action requested, including the length of time
for which a stay is requested; and (3) include a statement of the
factual and legal grounds on which the interested person relies in
seeking the stay. FDA uses the information provided in the request to
determine whether to grant the petition for stay of action.
    Respondents to this information collection are interested persons
who choose to file a petition for an administrative stay of action.
    Section 10.85 (21 CFR 10.85), issued under section 701(a) of the
act, sets forth the format and procedures by which an interested person
may request, in accordance with Sec.  10.20 (submission of documents to
Division of Dockets Management), an advisory opinion from the
Commissioner on a matter of general applicability. An advisory opinion
represents the formal position of FDA on a matter of general
applicability. When making a request, the petitioner must provide a
concise statement of the issues and questions on which an opinion is
requested, and a full statement of the facts and legal points relevant
to the request. Respondents to this collection of information are
interested persons seeking an advisory opinion from the Commissioner on
the agency's formal position for matters of general applicability.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1.--Estimated Annual Reporting Burden\1\
----------------------------------------------------------------------------------------------------------------
                      No. of         Annual Frequency       Total Annual        Hours per
21 CFR Section     Respondents         per Response          Responses           Response         Total Hours
----------------------------------------------------------------------------------------------------------------
10.30                         162                     3                486                 12              5,832
----------------------------------------------------------------------------------------------------------------
10.33                           4                     2                  8                 10                 80
----------------------------------------------------------------------------------------------------------------
10.35                           7                     2                 14                 10                140
----------------------------------------------------------------------------------------------------------------
10.85                           2                     1                  2                 16                 32
----------------------------------------------------------------------------------------------------------------
Total                                                                                6,084
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    The burden estimates for this collection of information are based
on agency records and experience over the past 3 years. In 2007, FDA
received approximately 162 citizen petitions (Sec.  10.30), 4
administrative reconsiderations of action (Sec.  10.33), 7
administrative stays of action (Sec.  10.35), and 2 advisory opinions
(Sec.  10.85).
    Please note that on January 15, 2008, the FDA Division of Dockets
Management Web site transitioned to the Federal Dockets Management
System (FDMS). FDMS is a

Government-wide, electronic docket management system. Electronic
comments or submissions will be accepted by FDA only through FDMS at
http://www.regulations.gov.

    Dated: December 22, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E8-31058 Filed 12-29-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 79, Number 161 (Wednesday, August 20, 2014)]
[Rules and Regulations]
[Pages 49229-49232]
[FR Doc No: 2014-19795]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2014-0643]
RIN 1625-AA08

Special Local Regulation, U.S. Hydro-Drag Nationals, Lake Dora;
Tavares, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of Lake Dora in Tavares, Florida, during the Hydro-Drag
Nationals, a series of high-speed personal watercraft races. The event
is scheduled for August 30 and 31, 2014. Approximately 65 vessels are
anticipated to participate in the races. This special local regulation
is necessary to ensure the safety of life during the races.

DATES: This rule is effective and will be enforced from 9:00 a.m. until
4 p.m. on August 30 and 31, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0643. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Allan Storm, Sector Jacksonville Office of
Waterways Management, U.S. Coast Guard; telephone<PHONE_NUMBER>,
extension 7721, email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Cheryl Collins,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
Coast Guard did not receive the necessary information about the event
until July 3, 2014. As a result, the Coast Guard did not have
sufficient time to publish a NPRM and to receive public comments prior
to the event. Any delay in the effective date of this rule would be
contrary to the public interest because immediate action is needed to
minimize potential danger to the race participants, participant
vessels, spectators, and the general public.
    Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the
preceding paragraph, the Coast Guard finds that

good cause exists for making this rule effective less than 30 days
after publication in the Federal Register.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to ensure safety of life on navigable waters of the United
States during the Hydro-Drag Nationals.

C. Discussion of the Final Rule

    On August 30 and 31, 2014, H2X Racing Promotions will host the U.S.
Hydro-Drag Nationals, a series of high-speed personal watercraft races.
The U.S. Hydro-Drag Nationals will be held on Lake Dora in Tavares,
Florida. Approximately 65 vessels are anticipated to participate in the
races. No spectator vessels are expected to attend the Hydro-Drag Tour.
    The rule will establish a special local regulation that encompasses
certain waters of Lake Dora in Tavares, Florida. The special local
regulation will be enforced from 9 a.m. until 4 p.m. on August 30 and
31, 2014. This special local regulation is necessary to ensure the
safety of life on navigable waters of the United States during the
races. The special local regulation will consist of the following two
areas: (1) A race area, where all persons and vessels, except those
persons and vessels participating in the high-speed personal watercraft
races, are prohibited from entering, transiting, anchoring, or
remaining; and (2) a buffer zone around the race area, where all
persons and vessels, except those persons and vessels enforcing the
buffer zone, or authorized participants transiting to and from the race
area, are prohibited from entering, transiting, anchoring, or remaining
unless authorized by the Captain of the Port Jacksonville or a
designated representative.
    Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the race area or buffer zone by
contacting the Captain of the Port Jacksonville by telephone at (904)
564-7513, or a designated representative via VHF radio on channel 16.
If authorization to enter, transit through, anchor in, or remain within
the race area or buffer zone is granted by the Captain of the Port
Jacksonville or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
Captain of the Port Jacksonville or a designated representative. The
Coast Guard will provide notice of the special local regulations by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The economic impact of this rule is not significant for the
following reasons: (1) The special local regulation will be enforced
for only 14 hours; (2) although persons and vessels will not be able to
enter, transit through, anchor in, or remain within the race area or
buffer zone without being an authorized participant or enforcing the
buffer zone, or receiving authorization from the Captain of the Port
Jacksonville or a designated representative, they may operate in the
surrounding area during the enforcement periods; (3) nonparticipant
persons and vessels may still enter, transit through, anchor in, or
remain within the race area or buffer zone if authorized by the Captain
of the Port Jacksonville or a designated representative; and (4) the
Coast Guard will provide advance notification of the special local
regulation to the local maritime community by Local Notice to Mariners
and Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter,
transit through, anchor in, or remain within that portion of Lake Dora
encompassed within the special local regulation from 9 a.m. until 4
p.m. on August 30 and 31, 2014. For the reasons discussed in the
Executive Order 12866 and Executive Order 13563 section above, this
rule will not have a significant economic impact on a substantial
number of small entities.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a special local regulation issued in
conjunction with a regatta or marine parade. This rule is categorically
excluded from further review under paragraph 34(h) of Figure 2-1 of the
Commandant Instruction. This rule involves establishing a temporary
special local regulation to ensure the safety of life during the Hydro-
Drag Nationals, which will be held over a two day period for 8 hours
each day. An environmental analysis was performed during the marine
event permit process for the event and a checklist and a categorical
exclusion determination are not required for this special local
regulation.

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233.

0
2. Add a temporary Sec.  100.35T07-0643 to read as follows:

Sec.  100.35T07-0643  Special Local Regulations; Hydro-Drag Tour, Lake
Dora; Tavares, FL.

    (a) Regulated Areas. The following regulated areas are established
as a special local regulation. All coordinates are North American Datum
1983.
    (1) Race Area. All waters of Lake Dora encompassed within the
following points: Starting at Point 1 in position 28[deg]47'57'' N,
81[deg]43'39'' W; thence south to Point 2 in position 28[deg]47'55'' N,
81[deg]43'39'' W; thence east to Point 3 in position 28[deg]47'55'' N,
81[deg]43'22'' W; thence north to Point 4 in position 28[deg]47'58'' N,
81[deg]43'22'' W; thence west back to origin. All persons and vessels,
except those persons and vessels participating in the high-speed
personal watercraft races, are prohibited from entering, transiting
through, anchoring in, or remaining within the race area.
    (2) Buffer Zone. All waters of Lake Dora, excluding the race area,
encompassed within the following points: Starting at Point 1 in
position 28[deg]47'59'' N, 81[deg]43'40'' W; thence south to Point 2 in
position 28[deg]47'53'' N, 81[deg]43'41'' W; thence east to Point 3 in
position 28[deg]47'53'' N, 81[deg]43'19'' W; thence north to Point 4 in
position 28[deg]47'59'' N, 81[deg]43'19'' W; thence west back to
origin. All persons and vessels except those persons and vessels
enforcing the buffer zone, or authorized participants transiting to or
from the race area, are prohibited from entering, transiting through,
anchoring in, or remaining within the buffer zone.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Jacksonville in the enforcement of the regulated
areas.
    (c) Regulations. (1) Non-participant persons and vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the race area and/or buffer zone unless authorized by
Captain of the Port Jacksonville or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated areas may contact the Captain of the
Port Jacksonville by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization is granted by the Captain of the Port Jacksonville or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Jacksonville or a designated representative.
    (3) The Coast Guard will provide notice of the regulated areas to
the public by Local Notice to Mariners, Broadcast Notice to Mariners,
and on-scene designated representatives.
    (d) Enforcement Period. This rule will be enforced daily from 9
a.m. until 4 p.m. on August 30 and 31, 2014.

    Dated: July 29, 2014.
T.G. Allan, Jr.,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2014-19795 Filed 8-19-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: September 28, 2009 (Volume 74, Number 186)]
[Notices]
[Page 49425-49426]
[DOCID:fr28se09-113]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60701; File No. SR-FINRA-2009-014]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Order Approving Proposed Rule Change To Adopt FINRA
Rule 2150 (Improper Use of Customers' Securities or Funds; Prohibition
Against Guarantees and Sharing in Accounts) in the Consolidated FINRA
Rulebook

September 21, 2009.

I. Introduction

    On March 24, 2009, the Financial Industry Regulatory Authority,
Inc. (``FINRA'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change as part of the process of
developing a new consolidated rulebook (the ``Consolidated FINRA
Rulebook'').\3\ FINRA proposed to adopt NASD Rules 2330(a), 2330(e) and
2330(f) as FINRA Rules 2150(a), 2150(b) and 2150(c), respectively, in
the Consolidated FINRA Rulebook, with certain changes as described
below.\4\ Proposed FINRA Rule 2150 also would take into account certain
provisions of NYSE Rule 352. In addition, proposed FINRA Rule 2150
includes a ``Supplementary Material'' section that contains certain
clarifications and codifications of existing staff guidance. FINRA
further proposed to delete NYSE Rule 352 (with the exception of
paragraphs (e), (f) and (g)) \5\ from the Transitional Rulebook. The
proposed rule change was published for public comment in the Federal
Register on June 24, 2009.\6\ The Commission received no comment
letters regarding proposed rule change. This order approves the
proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ The current FINRA rulebook consists of (1) FINRA Rules; (2)
NASD Rules; and (3) rules incorporated from NYSE (``Incorporated
NYSE Rules'') (together, the NASD Rules and Incorporated NYSE Rules
are referred to as the ``Transitional Rulebook''). While the NASD
Rules generally apply to all FINRA members, the Incorporated NYSE
Rules apply only to those members of FINRA that are also members of
the NYSE (``Dual Members''). The FINRA Rules apply to all FINRA
members, unless such rules have a more limited application by their
terms. For more information about the rulebook consolidation
process, see FINRA Information Notice, March 12, 2008 (Rulebook
Consolidation Process).
    \4\ Other provisions that set forth certain financial and
operational requirements, including, NASD Rules 2330(b) (General
Provisions), 2330(c) (Authorization to Lend), 2330(d) (Segregation
and Identification of Securities) and Interpretive Material 2330
(Segregation of Customers' Securities) would remain in the
Transitional Rulebook to be addressed as part of a later phase of
the consolidation process.
    \5\ NYSE Rules 352(e), 352(f) and 352(g) govern borrowing from
or lending to customers. These provisions generally are equivalent
to the provisions of NASD Rule 2370 (Borrowing From or Lending to
Customers). NASD Rule 2370 and the corresponding NYSE provisions
would remain in the Transitional Rulebook to be addressed as part of
a later phase of the rulebook consolidation process.
    \6\ Securities Exchange Act Release No. 60135 (June 18, 2009),
74 FR 30198 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposal

    FINRA proposed to adopt certain paragraphs, as specified below, of
NASD Rule 2330 (Customers' Securities or Funds) as FINRA Rule 2150
(Improper Use of Customers' Securities or Funds; Prohibition Against
Guarantees and Sharing in Accounts) in the Consolidated FINRA Rulebook
taking into account certain provisions of Incorporated NYSE Rule 352
(Guarantees, Sharing in Accounts, and Loan Arrangements) \7\ and to
delete NYSE Rule 352, with the exception of NYSE Rules 352(e)
(Limitations on Borrowing From or Lending to Customers), 352(f) (Loan
Procedures) and 352(g).
---------------------------------------------------------------------------

    \7\ For convenience, Incorporated NYSE Rule 352 is hereinafter
referred to as ``NYSE Rule 352.''
---------------------------------------------------------------------------

    The proposed rule change would renumber NASD Rule 2330(a) (Improper
Use) as FINRA Rule 2150(a) (Improper Use), NASD Rule 2330(e)
(Prohibition Against Guarantees) as FINRA Rule 2150(b) (Prohibition
Against Guarantees) and NASD Rule 2330(f) (Sharing in Accounts; Extent
Permissible) as FINRA Rule 2150(c) (Sharing in Accounts; Extent
Permissible) in the consolidated FINRA rulebook. The proposed rule
change also would add a ``Supplementary Material'' section to proposed
FINRA Rule 2150 that contains certain clarifications and codifications
of existing staff guidance.

A. Improper Use of Customers' Securities or Funds (Proposed FINRA Rule
2150(a))

    NASD Rule 2330(a) prohibits members and associated persons from
making improper use of a customer's securities or funds. The improper
use of customer securities or funds threatens the fundamental
relationship between a broker and a customer and undermines the
integrity of the securities industry. FINRA proposed to adopt NASD Rule
2330(a) as FINRA Rule 2150(a) in the Consolidated FINRA Rulebook
without changes.

B. Prohibition Against Guarantees (Proposed FINRA Rule 2150(b))

    NASD Rule 2330(e) prohibits members and their associated persons
from guaranteeing a customer against loss in connection with any
securities transaction or in any securities account of the customer.
The reason for the prohibition is that such guarantees create the
expectation that the customer is insulated from market risk intrinsic
in securities ownership and may induce the customer to engage in a
securities transaction that is not otherwise appropriate for the
customer.
    FINRA proposed to adopt NASD Rule 2330(e) as FINRA Rule 2150(b) in
the Consolidated FINRA Rulebook without changes and delete NYSE Rule
352(a) (Prohibitions Against Guarantees) because its provisions are
substantially similar to proposed FINRA Rule 2150(b).

C. Sharing in Accounts (Proposed FINRA Rule 2150(c))

    NASD Rule 2330(f) prohibits members and associated persons from
sharing in the profits or losses in a customer's account except under
certain limited conditions specified in the Rule.
    FINRA proposed to adopt NASD Rule 2330(f) as FINRA Rule 2150(c) in
the Consolidated FINRA Rulebook, with only minor changes.
    FINRA proposed to delete NYSE Rules 352(b), (c) and (d) as they are
substantially similar to proposed FINRA Rule 2150(c) or are otherwise
incorporated as part of the supplementary material to proposed FINRA
Rule 2150.

D. Proposed Supplementary Material

    In addition, FINRA proposed to add a ``Supplementary Material''
section to proposed FINRA Rule 2150 that would:
     Codify existing staff guidance clarifying that a
``guarantee'' extended to all holders of a particular security by an
issuer as part of that security generally would not be subject to the
prohibition against guarantees and that a permissible sharing
arrangement remains subject to other applicable FINRA rules;
     Clarify that the rule does not preclude a member from
determining on an after-the-fact basis, to reimburse a customer for
transaction losses, provided however that the member shall comply with
all reporting requirements that may be applicable to such payment; \8\
---------------------------------------------------------------------------

    \8\ Associated persons would not similarly be permitted to
reimburse their customers for losses under the rule given the
concern that such payments may conceal individual misconduct.
---------------------------------------------------------------------------

     Consistent with NYSE Rule 352(c), clarify that the rule
does not preclude a member from correcting a bona fide error; and
     Clarify that the required written authorization(s) shall
be preserved for a period of at least six years after the date the
account is closed, which is consistent with the retention period under
the SEA for similar records.
    FINRA stated in its proposal that it intends to announce the
implementation date of the proposed rule change in a Regulatory Notice
to be published no later than 90 days following Commission approval.

III. Discussion

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
association.\9\ In particular, the Commission believes the proposal is
consistent with the requirements of Section 15A(b)(6) of the Act,\10\
which requires, among other things, that the Association's rules 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. Further, the Commission
believes it is appropriate to transfer these NASD Rules into the FINRA
Consolidated Rulebook, with the changes specified, and to delete the
noted NYSE Rules as proposed because the proposal will protect
investors against potential misconduct.
---------------------------------------------------------------------------

    \9\ In approving this rule proposal, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
    \10\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\11\ that the proposed rule change (SR-FINRA-2009-014) is approved.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-23307 Filed 9-25-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: September 7, 2007 (Volume 72, Number 173)]
[Notices]
[Page 51429-51430]
[DOCID:fr07se07-57]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

Friday, August 31, 2007.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP07-623-000.
    Applicants: Williston Basin Interstate Pipeline Co.
    Description: Williston Basin Interstate Pipeline Co submits its
Annual Report of Penalty Revenue Credits for the twelve month reporting
period ended 6/30/07.
    Filed Date: 08/29/2007.
    Accession Number: 20070830-0016.
    Comment Date: 5 p.m. Eastern Time on Monday, September 10, 2007.

    Docket Numbers: RP07-624-000.

    Applicants: Carolina Gas Transmission Corporation.
    Description: Carolina Gas Transmission Corp submits First Revised
Sheet 10 et al to FERC Gas Tariff, Volume 1, to be effective 10/1/07.
    Filed Date: 08/29/2007.
    Accession Number: 20070830-0017.
    Comment Date: 5 p.m. Eastern Time on Monday, September 10, 2007.

    Docket Numbers: RP07-625-000.
    Applicants: Carolina Gas Transmission Corporation.
    Description: Carolina Gas Transmission Corp submits its Annual
Report of Penalty Revenue Credits for the reporting period 11/1/06-5/
31/04.
    Filed Date: 08/29/2007.
    Accession Number: 20070830-0018.
    Comment Date: 5 p.m. Eastern Time on Monday, September 10, 2007.

    Docket Numbers: RP07-626-000.
    Applicants: Northern Natural Gas Company.
    Description: Petition of Northern Natural Gas Co for a limited
waiver of tariff provisions.
    Filed Date: 08/29/2007.
    Accession Number: 20070830-0019.
    Comment Date: 5 p.m. Eastern Time on Monday, September 10, 2007.

    Docket Numbers: RP07-627-000.
    Applicants: Gulfstream Natural Gas System, LLC.
    Description: Gulfstream Natural Gas System, LLC submits Seventh
Revised Sheet 7 to FERC Gas Tariff, Volume 1, to be effective 10/1/07.
    Filed Date: 08/29/2007.
    Accession Number: 20070830-0020.
    Comment Date: 5 p.m. Eastern Time on Monday, September 10, 2007.

    Docket Numbers: RP07-628-000.
    Applicants: Maritimes & Northeast Pipeline, LLC.
    Description: Maritimes & Northeast Pipeline, LLC submits Eighth
Revised Sheet 7 et al to FERC Gas Tariff, First Revised Volume 1, to be
effective 10/1/07.
    Filed Date: 08/29/2007.
    Accession Number: 20070830-0021.
    Comment Date: 5 p.m. Eastern Time on Monday, September 10, 2007.

    Docket Numbers: RP07-629-000.
    Applicants: Texas Eastern Transmission LP.
    Description: Texas Easterm Transmission, LP submits Thirty Four
Revised Sheet 26 et al to FERC Gas Tariff, Seventh Revised Volume 1 et
al, to be effective 10/1/07.
    Filed Date: 08/29/2007.
    Accession Number: 20070830-0022.
    Comment Date: 5 p.m. Eastern Time on Monday, September 10, 2007.

    Docket Numbers: RP07-630-000.
    Applicants: East Tennessee Natural Gas, LLC.
    Description: East Tennessee Natural Gas, LLC submits Seventh
Revised Sheet 20 et al to FERC Gas Tariff, Third Revised Volume 1, to
be effective 10/1/07.
    Filed Date: 08/29/2007.
    Accession Number: 20070830-0023.
    Comment Date: 5 p.m. Eastern Time on Monday, September 10, 2007.

    Docket Numbers: RP07-631-000.
    Applicants: Algonquin Gas Transmission Company.
    Description: Algonquin Gas Transmission, LLC submits Seventh
Revised Sheet 22 et al to FERC Gas Tariff, Fifth Revised Volume 1 et
al, to be effective 10/1/07.
    Filed Date: 08/29/2007.
    Accession Number: 20070830-0024.
    Comment Date: 5 p.m. Eastern Time on Monday, September 10, 2007.

    Docket Numbers: RP07-632-000.
    Applicants: Transwestern Pipeline Company, LLC.
    Description: Transwestern Pipeline Co, LLC submits Second Revised
Sheet 6 et al to FERC Gas Tariff, Third Revised Volume 1, to be
effective 10/1/07.
    Filed Date: 08/29/2007.
    Accession Number: 20070830-0025.
    Comment Date: 5 p.m. Eastern Time on Monday, September 10, 2007.

    Docket Numbers: RP07-633-000.
    Applicants: Alliance Pipeline L.P.
    Description: Alliance Pipeline, LP submits Fifth Revised Sheet 10
to FERC Gas Tariff, Original Volume 1, to be effective 10/1/07.
    Filed Date: 08/29/2007.
    Accession Number: 20070830-0145.
    Comment Date: 5 p.m. Eastern Time on Monday, September 10, 2007.

    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.,
Acting Deputy Secretary.
[FR Doc. E7-17693 Filed 9-6-07; 8:45 am]

BILLING CODE 6717-01-P