[Federal Register Volume 77, Number 104 (Wednesday, May 30, 2012)]
[Notices]
[Page 31910]
[FR Doc No: 2012-13068]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. DOT-NHTSA-2012-0029]

Request for Comments of a Previously Approved Information
Collection

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

ACTION: Notice and request for comments.

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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 is being forwarded to the
Office of Management and Budget (OMB) for review and comments. A
Federal Register Notice with a 60-day comment period soliciting
comments on the following information collection was published on March
19, 2012, 77 FR 16115.

DATES: Comments must be submitted on or before June 29, 2012.

FOR FURTHER INFORMATION CONTACT: Michael Pyne, Office of Rulemaking
(NVS-123), Department of Transportation, 1200 New Jersey Avenue SE.,
Washington, DC 20590,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Title: 49 CFR 571.403, Platform lift systems for motor vehicles and
49 CFR 571.404, Platform lift installations in motor vehicles.
    OMB Control Number: 2127-0621.
    Type of Request: Renewal of a previously approved information
collection.

Abstract

    FMVSS No. 403, Platform lift systems for motor vehicles,
establishes minimum performance standards for platform lifts designed
for installation on motor vehicles. Its purpose is to prevent injuries
and fatalities to passengers and bystanders during the operation of
platform lifts that assist wheelchair users and other persons with
limited mobility in entering and leaving a vehicle. FMVSS No. 404,
Platform lift installations in motor vehicles, places specific
requirements on vehicle manufacturers or alterers who install platform
lifts in new vehicles. Under these regulations, lift manufacturers must
certify that their lifts meet the requirements of FMVSS No. 403 and
must declare the certification on the owner's manual insert, the
installation instructions and the lift operating instruction label.
Certification of compliance with FMVSS No. 404 is on the certification
label already required of vehicle manufacturers and alterers under 49
CFR part 567. Therefore, lift manufacturers must produce an insert that
is placed in the vehicle owner's manual, installation instructions and
one or two labels that are placed near the controls of the lift. The
requirements and our estimates of burden and cost to the lift
manufacturers are given below. There is no burden to the general
public.
    Respondents: Platform lift manufacturers and vehicle manufacturers/
alterers that install platform lifts in new motor vehicles before first
vehicle sale.
    Estimated Number of Respondents: 10.

Estimated Total Annual Burden

    Estimated burden to lift manufacturers to produce an insert for the
vehicle owner's manual stating the lift's platform operating volume,
maintenance schedule, and instructions regarding the lift operating
procedures:

--10 manufacturers x 24 hrs. amortized over 5 yrs. = 48 hrs. per year.

    Estimated burden to lift manufacturers to produce lift installation
instructions identifying the vehicles on which the lift is designed to
be installed:

--10 manufacturers x 24 hrs. amortized over 5 yrs. = 48 hrs. per year.

    Estimated burden to lift manufacturers to produce two labels for
operating and backup lift operation:

--10 manufacturers x 24 hrs. amortized over 5 yrs. = 48 hrs. per year.

    Estimated burden to lift manufacturers to produce two labels for
operating and backup lift operation:

--10 manufacturers x 24 hrs. amortized over 5 yrs. = 48 hrs. per year.

    Estimated cost to lift manufacturers to produce:

--Label for operating instructions--27,398 lifts x $0.13 per label =
$3,561.74.
--Label for backup operations--27,398 lifts x $0.13 per label =
$3,561.74.
--Owner's manual insert--27,398 lifts x $0.04 per page x 1 page =
$1,095.92.
--Installation instructions--27,398 lifts x $0.04 per page x 1 page =
$1,095.92.

    Note: Although lift installation instructions are considerably
more than one page, lift manufacturers already provide lift
installation instructions in the normal course of business and one
additional page should be adequate to allow the inclusion of FMVSS
specific information.

    Total estimated annual cost = $9,315.32.
    Total estimated hour burden per year = 144 hours.
    Estimated Number of Respondents: 10.

ADDRESSES: Send comments regarding the burden estimate, including
suggestions for reducing the burden, to the Office of Management and
Budget, Attention: Desk Officer for the Office of the Secretary of
Transportation, 725 17th Street NW., Washington, DC 20503.
    Comments are invited on: whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimate of the burden of the
proposed information collection; ways to enhance the quality, utility
and clarity of the information to be collected; and ways to minimize
the burden of the collection of information on respondents, including
the use of automated collection techniques or other forms of
information technology.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
chapter 35, as amended; and 49 CFR 1.48.

    Issued on: May 24, 2012.
Nathaniel Beuse,
Director, Office of Crash Avoidance Standards.
[FR Doc. 2012-13068 Filed 5-29-12; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 82, Number 123 (Wednesday, June 28, 2017)]
[Notices]
[Pages 29348-29350]
[FR Doc No: 2017-13473]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80997; File No. SR-NASDAQ-2017-060]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Rule 7014(j)

June 22, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 9, 2017, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange.\3\ The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ The Commission notes that Nasdaq initially filed this
proposal as SR-NASDAQ-2017-057 on June 1, 2017. On June 9, 2017,
Nasdaq withdrew that filing and replaced it with this filing.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend Rule 7014(j) to provide a second
credit tier under the Nasdaq Growth Program.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaq.cchwallstreet.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to amend Rule 7014(j) to
provide a second credit tier under the Nasdaq Growth Program
(``Program''). Nasdaq introduced the Program in 2016.\4\ The purpose of
the Program is to provide a credit per share executed for members that
meet certain growth criteria. The credit is designed to provide an
incentive to members that do not qualify for other credits under Rule
7018 in excess of the Program credit to increase their participation on
the Exchange. The Program provides a member a $0.0025 per share
executed credit in securities priced $1 or more per share if the member
meets certain criteria. The credit is provided in lieu of other credits
provided to the member for displayed quotes/orders (other than
Supplemental Orders or Designated Retail Orders) that provide liquidity
under Rule 7018, if the credit under the Nasdaq Growth Program is
greater than the credit attained under Rule 7018.
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    \4\ See Securities Exchange Act Release No. 78977 (September 29,
2016), 81 FR 69140 (October 5, 2016) (SR-NASDAQ-2016-132).
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    Rule 7014(j) currently provides three ways in which a member may
qualify for the Program in a given month. First, the member may qualify
for the Program by: (i) Adding greater than 750,000 shares a day on
average during the month through one or more of its Nasdaq Market
Center MPIDs; and (ii) increasing its shares of liquidity provided
through one or more of its Nasdaq Market Center MPIDs as a percent of
Consolidated Volume by 20% versus the member's Growth Baseline.\5\
Second, the member may qualify for the Program by: (i) Adding greater
than 750,000 shares a day on average during the month through one or
more of its Nasdaq Market Center MPIDs; and (ii) meeting the criteria
set forth above (increasing its shares of liquidity provided through
one or more of its Nasdaq Market Center MPIDs as a percent of
Consolidated Volume by 20% versus the member's Growth Baseline) in the
preceding month, and maintaining or increasing its shares of liquidity
provided through one or more of its Nasdaq Market Center MPIDs as a
percent of Consolidated Volume as compared to the preceding month.
Third, a member may qualify for the Program by: (i) Adding greater than
750,000 shares a day on average during the month through one or more of
its Nasdaq Market Center MPIDs in three separate months; (ii)
increasing its shares of liquidity provided through one or more of its
Nasdaq Market Center MPIDs as a percent of Consolidated Volume by 20%
versus the member's Growth Baseline in three separate months; and (iii)
maintaining or increasing its shares of liquidity provided through one
or more of its Nasdaq Market Center MPIDs as a percent of Consolidated
Volume compared to the growth baseline established when the member met
the criteria for the third month.
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    \5\ The Growth Baseline is defined as the member's shares of
liquidity provided in all securities through one or more of its
Nasdaq Market Center MPIDs as a percent of Consolidated Volume
during the last month a member qualified for the Nasdaq Growth
Program under current Rule 7014(j)(ii)(A) (increasing its
Consolidated Volume by 20% versus its Growth Baseline). If a member
has not yet qualified for a credit under this program, its August
2016 share of liquidity provided in all securities through one or
more of its Nasdaq Market Center MPIDs as a percent of Consolidated
Volume will be used to establish a baseline.
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    The Exchange is proposing to amend Rule 7014(j) to provide a second
credit tier under the Program.\6\ Specifically, the Exchange is
proposing a $0.0027 per share executed rebate in lieu of the current
$0.0025 rebate. To qualify for the new rebate, a member must: (i) Add
at least 0.04% or more [sic] of Consolidated Volume during the month
through non-displayed orders on one or more of its Nasdaq Market Center
MPIDs; and (ii) increase its shares of liquidity provided through one
or more of its Nasdaq Market Center MPIDs in all securities during the
month as a percent of Consolidated Volume by 50% versus its August 2016
share of liquidity provided in all securities through one or more of
its Nasdaq Market Center MPIDs as a percent of Consolidated Volume.
Thus, the first requirement of the new tier requires a member to
provide a significant level of Consolidated Volume through non-
displayed \7\ orders, which generally provide improvement to the size
of orders executed on the

Exchange.\8\ Moreover, the first requirement may encourage
participation on the Exchange by participants with large orders who do
not want the size of their order known. Similar to the current rebate's
Consolidated Volume requirement provided under current Rule
7014(j)(ii)(A), the Exchange is proposing to require a member to
increase their [sic] shares of liquidity provided in all securities
during the month as a percent of Consolidated Volume. Unlike the
current rebate, which requires a member to show an increase in
Consolidated Volume compared to the member's Growth Baseline with each
successive month improving upon that baseline to continue to qualify
for the rebate, the proposed new rebate requires an initial significant
increase in Consolidated Volume compared to that member's share of
liquidity provided in all securities in August 2016 with the member
maintaining that level to continue receiving the proposed new
rebate.\9\ Thus, the measure against which Consolidated Volume is
compared remains static month to month under the criteria of the new
rebate, whereas it can vary month to month under the current rebate's
qualification criteria. Members that were not members of the Exchange
in August 2016 may still qualify for the proposed new rebate. For such
``new'' members, the Exchange will consider their share of liquidity
provided in all securities in August 2016 as zero. The Exchange notes
that this is the same treatment members that were not members of the
Exchange in August 2016 receive under the current tier under the
Program.
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    \6\ The Exchange is also proposing to renumber current Rule
7014(j) to account for the new credit tier and make [sic] consistent
with the numbering convention used under Rule 7014.
    \7\ Non-displayed orders are not displayed to other
Participants, but nevertheless remain available for potential
execution against incoming Orders until executed in full or
cancelled. See Rule 4702(b)(3).
    \8\ For example, in May 2017 there was an average daily volume
of 6.7 billion shares. Applying the proposed 0.04% Consolidated
Volume qualification criteria to May 2017 would result in
approximately 2.7 million shares a day and 59 million shares for the
month.
    \9\ This measure is currently a component of the definition of
Growth Baseline, which is a measure for determining eligibility for
the existing rebate under current Rule 7014(j). See note 5 supra.
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    The Exchange believes that the new rebate tier provides members
with additional flexibility in qualifying for the Program and incentive
to provide greater Consolidated Volume, thereby furthering the
Program's goal of incentivizing participation on the Exchange.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\10\ in general, and furthers the objectives of
Sections 6(b)(4) and 6(b)(5) of the Act,\11\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility, and is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes that the proposed change to the Program is
reasonable because, although the proposed rebate is higher than the
current rebate provided under the Program, the qualification criteria
is higher than the current rebate. Moreover, the Exchange offers other
similar rebates in return for market improving behavior.\12\ For
example, the Exchange provides $0.0027 per share executed in Tape C
securities if a member has shares of liquidity provided in all
securities through one or more of its Nasdaq Market Center MPIDs that
represent more than 0.30% of Consolidated Volume during the month.\13\
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    \12\ See Rule 7018(a).
    \13\ See Rule 7018(a)(1). The Exchange notes that, although the
required level of Consolidated Volume is significantly higher for
this credit tier as compared to the proposed rebate, members
qualifying for the proposed rebate must also increase their shares
of liquidity provided substantially.
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    The Exchange believes that the proposed change is equitably
allocated among members, and is not designed to permit unfair
discrimination. The Exchange notes that participation in the Program is
voluntary, and that any member may qualify for the credit if it meets
the qualification requirements. The Exchange is adopting the new credit
tier to provide members with an incentive to increase their
participation significantly, as represented by a percent of
Consolidated Volume. The Exchange believes that the proposed rebate
will serve as a logical extension of the current rebate. Specifically,
a member that continues to qualify under the current rebate will
eventually increase its shares of liquidity to a point that is 50% or
greater than its shares of liquidity in August 2016. Thus, so long as
the member provides 0.04% or more of Consolidated Volume through one or
more of its Nasdaq Market Center MPIDs during the month through non-
displayed orders, the member would receive the higher rebate. The
Exchange is electing to use August 2016 as the benchmark for the
qualification criteria under the second requirement of the rebate tier
because the member's activity during that month was unaffected by
foreknowledge of the Program. The proposed change applies to all
members that otherwise qualify for the Program, namely members that add
at least 0.04% or more of Consolidated Volume during the month through
one or more of its [sic] Nasdaq Market Center MPIDs and has [sic]
shares of liquidity to a point that is greater that is 50% or greater
than their shares of liquidity in August 2016. The Exchange believes
that it is an equitable allocation and is not unfairly discriminatory
to use zero as the level of shares of liquidity provided in August 2016
for members that were not members in August 2016 because they are
similarly positioned as other members of the Exchange that were members
at that time yet did not have shares of liquidity provided in August
2016. The Exchange notes that all members must provide a significant
level of Consolidated Volume to qualify for the proposed new rebate
regardless of their membership status in August 2016, in addition to
meeting the proposed growth criteria. Moreover, the Exchange believes
that all members should have the opportunity to participate in the
Program and, to the extent that the proposed new rebate attracts new
members to the Exchange, all market participants will benefit from the
added liquidity new members provide. As noted above, the Exchange
currently uses zero as the level of shares of liquidity provided in
August 2016 for members that were not members in August 2016 for
purposes of qualifying for the $0.0025 per share executed credit. The
Exchange notes that participation in the Program is entirely voluntary
and proposed rebate will be provided to any member that meets the
qualification criteria.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. In terms of inter-market
competition, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive, or rebate opportunities available at other venues to be more
favorable. In such an environment, the Exchange must continually adjust
its fees to remain competitive with other exchanges and with
alternative trading systems that have been exempted from compliance
with the statutory standards applicable to exchanges. Because
competitors are free to modify their own fees in response, and because
market participants may readily adjust their

order routing practices, the Exchange believes that the degree to which
fee changes in this market may impose any burden on competition is
extremely limited.
    In this instance, the Exchange is proposing to provide a new,
higher, Program rebate, which will require a member to provide
significant Consolidated Volume together with a significant increase to
its Consolidated Volume over a baseline amount of Consolidated Volume
it had in August 2016. This proposed rebate is designed to provide
incentive to members to increase their participation on the Exchange.
Participation in the Program is completely voluntary and the criteria
will ensure that all members that qualify for the Program have both
shown a significant increase in their participation on the Exchange and
are providing significant overall participation on the Exchange.
Ultimately, if members conclude that the qualification requirements are
set too high, or the rebate too low, it is likely that the Exchange
will realize very little benefit from the incentive. If the proposed
rebate is successful in increasing participation on the Exchange, then
other trading venues may also make a similar rebate available to their
participants. Thus, the Exchange does not believe that the proposed
rule change will impose any burden on competition whatsoever, but
rather believes that the proposal is pro-competitive.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\14\
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    \14\ 15 U.S.C. 78s(b)(3)(A)(ii).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2017-060 on the subject line.

Paper Comments

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

    All submissions should refer to File Number SR-NASDAQ-2017-060.
This file number should be included on the subject line if email is
used. To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street NE., Washington, DC 20549 on official business days between the
hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NASDAQ-2017-060, and should be submitted on or before July 19, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-13473 Filed 6-27-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: April 29, 2010 (Volume 75, Number 82)]
[Notices]
[Page 22637-22638]
[DOCID:fr29ap10-123]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available from: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Form N-8F; SEC File No. 270-136; OMB Control No. 3235-0157.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (the ``Commission'') is soliciting comments on the
collection of information summarized below. The Commission plans to
submit this existing collection of information to the Office of
Management and Budget for extension and approval.
    Form N-8F (17 CFR 274.218) is the form prescribed for use by
registered investment companies in certain circumstances to request
orders of the Commission declaring that the registration of that
investment company cease to be in effect. The form requests, from
investment companies seeking a deregistration order, information about
(i) the investment company's identity, (ii) the investment company's
distributions, (iii) the investment company's assets and liabilities,
(iv) the events leading to the request to deregister, and (v) the
conclusion of the investment company's business. The information is
needed by the Commission to determine whether an order of
deregistration is appropriate.
    The Form takes approximately 3 hours on average to complete. It is
estimated that approximately 330 investment companies file Form N-8F
annually, so that the total annual burden for the form is estimated to
be 990 hours. The estimate of average burden hours is made solely for
the purposes of the Paperwork Reduction Act and is not derived from a
comprehensive or even a representative survey or study.
    The collection of information on Form N-8F is not mandatory. The
information provided on Form N-8F is not kept confidential. An agency
may not conduct or sponsor, and a person is not required to respond to
a collection of information unless it displays a currently valid
control number.
    Written comments are requested on: (a) Whether the collections of
information are necessary for the proper performance of the functions
of the Commission, including whether the information has practical
utility; (b) the accuracy of the Commission's estimate of the burdens
of the collection of information; (c) ways to enhance the quality,
utility and clarity of the information collected; and (d) ways to
minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques or other
forms of information technology. Consideration will be given to
comments and suggestions submitted in writing within 60 days of this
publication.
    Please direct your written comments to Charles Boucher, Director/
CIO, Securities and Exchange Commission, C/O Shirley Martinson, 6432
General Green Way, Alexandria, Virginia, 22312; or send an e-mail to:
<EMAIL_ADDRESS>
    Dated: April 20, 2010.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-9877 Filed 4-28-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 79 (Monday, April 25, 2011)]
[Notices]
[Pages 22905-22906]
[FR Doc No: 2011-9938]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-D-0431]

Guidance for Food and Drug Administration Staff and Tobacco
Retailers on Civil Money Penalties and No-Tobacco-Sale Orders for
Tobacco Retailers; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a guidance entitled ``Civil Money Penalties and No-
Tobacco-Sale Orders for Tobacco Retailers.'' This guidance document
describes FDA's current policies with respect to civil money penalties
and no-tobacco-sale orders for retailers who violate requirements of
the Federal Food, Drug, and Cosmetic Act (the FD&C Act) relating to
tobacco products, including the FD&C Act requirement that tobacco
products may not be sold or distributed in violation of FDA's
``Regulations Restricting the Sale and Distribution of Cigarettes and
Smokeless Tobacco to Protect Children and Adolescents.'' With the
release of this final guidance document, several provisions in the
Family Smoking Prevention and Tobacco Control Act (the Tobacco Control
Act) that relate to civil money penalties and no-tobacco-sale orders
become effective.

DATES: Submit either electronic or written comments on Agency guidances
at any time.

ADDRESSES: Submit written requests for single copies of the guidance
entitled ``Civil Money Penalties and No-Tobacco-Sale Orders for Tobacco
Retailers'' to the Center for Tobacco Products, Food and Drug
Administration, 9200 Corporate Blvd., Rockville, MD 20850-3229. Send
one self-addressed adhesive label to assist that office in processing
your request or include a fax number to which the guidance document may
be sent. See the SUPPLEMENTARY INFORMATION section for electronic
access to the guidance document.
    Submit electronic comments on the guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Gerie A. Voss, Center for Tobacco
Products, Food and Drug Administration, 9200 Corporate Blvd.,
Rockville, MD 20850, 1-877-287-1373<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance for FDA staff and
tobacco retailers entitled ``Civil Money Penalties and No-Tobacco-Sale
Orders for Tobacco Retailers.'' On June 22, 2009, President Obama
signed the Tobacco Control Act (Pub. L. 111-31) into law. The Tobacco
Control Act grants FDA important new authority to regulate the
manufacture, marketing, and distribution of tobacco products to protect
the public health generally and to reduce tobacco use by minors.
    Among its many provisions, the Tobacco Control Act authorizes FDA
to impose civil money penalties for violations of the FD&C Act
requirements that relate to tobacco products (section 303(f)(9) of the
FD&C Act (21 U.S.C. 333(f)(9)). Of special interest to retailers, one
of the FD&C Act's requirements is that tobacco products may not be sold
or distributed in a manner that violates regulations issued under
section 906(d) of the FD&C Act (21 U.S.C. 387f(d)), such as the
``Regulations Restricting the Sale and Distribution of Cigarettes and
Smokeless Tobacco to Protect Children and Adolescents'' that were
published by FDA on March 19, 2010 (75 FR 13225) (21 CFR part 1140).
The Tobacco Control Act also authorizes FDA to impose a no-tobacco-sale
order on a retail outlet for repeated violations of regulations issued
under section 906(d) of the FD&C Act, and discusses a number of
technical and procedural issues relating to civil money penalties and
no-tobacco-sale orders.
    This guidance document describes the penalty structure and FDA
policies with respect to civil money policies and no-tobacco-sale
orders. With the release of this final guidance document, several
Tobacco Control Act provisions that relate to civil money penalties and
no-tobacco-sale orders become effective (section 103(q)(3) of the
Tobacco Control Act).
    In the Federal Register of August 31, 2010 (75 FR 53316), FDA
announced the availability of the draft guidance of the same title
dated August 2010. FDA received a few comments on the draft guidance,
and those comments were considered as the guidance was finalized. In
addition, editorial changes were made to improve clarity.

II. Significance of Guidance

    This level 1 guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The guidance represents
the Agency's current thinking on ``Civil Money Penalties and No-
Tobacco-Sale Orders for Tobacco Retailers.'' It does not create or
confer any rights for or on any person and does not operate to bind FDA
or the public. An alternative approach may be used if such approach
satisfies the requirements of the applicable statute and regulations.

III. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. It is only necessary to send one set of comments. It is no
longer necessary to send two copies of mailed comments.

Identify comments with the docket number found in brackets in the
heading of this document. Received comments may be seen in the Division
of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

IV. Electronic Access

    Persons with access to the Internet may obtain the guidance at
either http://www.fda.gov/TobaccoProducts/GuidanceComplianceRegulatoryInformation/default.htm or http://www.regulations.gov.

    Dated: April 15, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-9938 Filed 4-22-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)]
[Notices]
[Pages 43885-43886]
[FR Doc No: 2018-18562]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3398-EM; Docket ID FEMA-2018-0001]

California; Emergency and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of an
emergency for the State of California (FEMA-3398-EM), dated July 28,
2018, and related determinations.

DATES: The declaration was issued July 28, 2018.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency

Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-
2833.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated July 28, 2018, the President issued an emergency declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5207 (the Stafford Act), as
follows:

    I have determined that the emergency conditions in certain areas
of the State of California resulting from a wildfire beginning on
July 23, 2018, and continuing, are of sufficient severity and
magnitude to warrant an emergency declaration under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (``the Stafford Act''). Therefore, I declare that such
an emergency exists in the State of California.
    You are authorized to provide appropriate assistance for
required emergency measures, authorized under Title V of the
Stafford Act, to save lives and to protect property and public
health and safety, and to lessen or avert the threat of a
catastrophe in the designated areas. Specifically, you are
authorized to provide assistance for emergency protective measures
(Category B), limited to direct Federal assistance, under the Public
Assistance program.
    Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs. In order to provide Federal assistance, you are
hereby authorized to allocate from funds available for these
purposes such amounts as you find necessary for Federal emergency
assistance and administrative expenses.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, Department
of Homeland Security, under Executive Order 12148, as amended, William
Roche, of FEMA is appointed to act as the Federal Coordinating Officer
for this declared emergency.
    The following areas of the State of California have been designated
as adversely affected by this declared emergency:

    Shasta County for emergency protective measures (Category B),
limited to direct Federal assistance, under the Public Assistance
program.

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

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-18562 Filed 8-27-18; 8:45 am]
BILLING CODE 9111-11-P