[Federal Register Volume 79, Number 137 (Thursday, July 17, 2014)]
[Notices]
[Pages 41717-41719]
[FR Doc No: 2014-16787]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72600; File No. SR-MIAX-2014-38]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Change Its Procedure for Processing
Fingerprints Under Existing Rule 807

July 11, 2014.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on July 1, 2014, Miami International Securities
Exchange LLC (``MIAX'' or ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'') a proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the Exchange. 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.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange is filing a proposal to change its procedure for
processing fingerprints under its existing Rule 807.
    The text of the proposed rule change is available on the Exchange's
Web site

at http://www.miaxoptions.com/filter/wotitle/rule_filing, at MIAX's
principal office, and at the Commission's Public Reference Room.\3\
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    \3\ The Commission notes that there is no text for this proposed
rule change. Rather, MIAX is changing its procedure for processing
fingerprints.
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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 Exchange proposes to change the procedure under its existing
Rule 807 (Fingerprint-Based Background Checks of Exchange Employees and
Independent Contractors) regarding its current practice of conducting
fingerprint-based criminal records checks of (i) all prospective and
current employees of the Exchange (ii) all prospective and current
independent contractors who have or are anticipated to have access to
the facilities of the Exchange for ten (10) business days or longer
(``contractors'') and (iii) all prospective and current temporary
employees who have or are anticipated to have access to facilities of
the Exchange for ten (10) business days or longer (``temporary
employees'').\4\ A number of securities markets have filed rules and
procedures with the Securities and Exchange Commission (``Commission''
or ``SEC'') to obtain fingerprints from certain enumerate [sic]
parties.\5\ MIAX's proposal to change its procedure under its Rule 807
is consistent with these rules. Specifically, the Exchange is proposing
to: (1) Discontinue the current method of manual fingerprinting via
fingerprint cards and (2) utilize a Live-Scan \6\ electronic system for
the taking of fingerprints. All of the proposed changes are consistent
with the requirements of other options exchanges.\7\
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    \4\ See Rule 807.
    \5\ See Securities Exchange Act Release No. 69496 (May 2, 2013),
78 FR 26671 (May 7, 2013), (Notice of filing and immediate
effectiveness of a proposed Chicago Board Options Exchange
(``CBOE'') rule change relating to fingerprint-based background
checks (SR-CBOE-2013-044)); Rule 28 of the New York Stock Exchange
(``NYSE''); Rule 0140 of the Nasdaq Stock Market, Inc. (``Nasdaq'');
71066 (December 12, 2013) 78 FR 76667 (December 18, 2013) (SR-ISE-
2013-66); and Securities Exchange Act Release No. 50157 (August 5,
2004), 69 FR 49924 (August 12, 2004) (policy adopted by the
Financial Industry Regulatory Authority (``FINRA''), formerly known
as National Association of Securities Dealers, Inc. (``NASD''), to
conduct fingerprint-based background checks of NASD employees and
independent contractors).
    \6\ Live-Scan refers to the process of capturing fingerprints
directly into a digitized format as opposed to traditional ink and
paper methods. Using Live-Scan technology, images are captured and
transmitted to a central location and/or interface for
identification processing. Certified Live-Scan systems produce
consistent high quality fingerprint images, thereby reducing
rejection rates and lowering turnaround times. Live-Scan systems are
used by law enforcement agencies for processing criminal fingerprint
records and in government and commercial markets for applicant
employment background checks.
    \7\ See supra note 5.
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    Access to the Federal Bureau of Investigation's (``FBI'') (the
fingerprint processing arm of the Office of the Attorney General of the
United States) database of fingerprint-based records is permitted only
when authorized by law. Section 17(f)(2) of the Act explicitly directs
the Attorney General of the United States (i.e., the FBI) to provide
SROs designated by the Commission with access to criminal history
record information. The Exchange has conducted its fingerprint-based
record checks of (i) employees of the Exchange, (ii) contractors, and
(iii) temporary employees since Rule 807 was adopted on December 3,
2012. Under the current fingerprinting procedure, the Exchange staff
manually rolls the fingerprints and submits the fingerprint cards to
the FBI.\8\ The Exchange understands that the FBI is no longer
accepting card stocks of fingerprints due to the high costs associated
with processing these submissions, thereby requiring that all
fingerprints be submitted in an electronic format for processing. The
FBI requires a minimum of 3,000 submissions per year in order to
maintain a direct FBI connection for electronic fingerprint processing.
However, the Exchange's annual volume of fingerprint submissions is
approximately 100 per year. Because this is a mere fraction of the
minimum requirement set forth by the FBI, it is necessary that MIAX
engage an FBI-authorized Channel Partner for these services in order to
comply with applicable federal law.\9\ Accordingly, the Exchange is now
proposing to utilize a Live-Scan electronic fingerprinting system, as
mentioned above. Any Live-Scan system utilized by the Exchange will
have been certified by the FBI for compliance with the FBI's Integrated
Automated Fingerprint Identification System (``IAFIS'') \10\ image
quality specifications. The Live-Scan system will electronically
capture and transmit fingerprints to the FBI for processing and
transmit fingerprint reports back to the MIAX.\11\ The Live-Scan system
will be maintained by an FBI-approved Channel Partner \12\ and operated
by a qualified Channel Partner representative. The Exchange notes that
at least two other exchanges employ the same method for processing
fingerprints electronically.\13\
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    \8\ The Exchange notes that one to two weeks generally elapses
between the time when MIAX submits fingerprint cards and when MIAX
received [sic] fingerprint reports.
    \9\ 15 U.S.C. 78q(f)(2); 17 CFR 240.17f-2(c).
    \10\ The IAFIS, which was launched in July 1999, was developed
to offer rapid suspect identification to law enforcement agencies
and organizations where criminal background histories are a critical
factor in consideration for employment. Because fingerprint cards
must be physically transported and processes [sic], substantial
delays can be experienced in the identification cycle. To improve
the speed and accuracy of the fingerprint identification process and
eliminate the need for contributing agencies to create and mail
paper fingerprint cards to the FBI for processing, the FBI Criminal
Justice Information Services Division developed the IAFIS to support
the paperless submission of fingerprint records. IAFIS provides
Federal, state and local criminal justice agencies the ability to
electronically transmit fingerprint information, vastly improving
response time.
    \11\ The Exchange estimates that under this proposed change
approximately two days will elapse between when MIAX submits
electronic fingerprints and when the FBI returns fingerprint reports
to the MIAX.
    \12\ FBI-approved Channel Partners receive the fingerprint
submission and relevant data, collect the associated fee(s),
electronically forward the fingerprint submission with the necessary
information to the FBI Criminal Justice Information Services
Division (``CJIS'') for a national Criminal History Summary check,
and receive the electronic summary check result for dissemination to
the individual. An FBI-approved Channel Partner simply helps
expedite the delivery of Criminal History Summary information on
behalf of the FBI. The process for making a request through an FBI-
approved Channel Partner is consistent with FBI submission
procedures.
    \13\ See Securities Exchange Act Release Nos. 46467 (September
6, 2002), 67 FR 58088 (September 13, 2002), (Approval of CBOE using
electronic system for submitting fingerprints under its
fingerprinting plan), as corrected by 46467A (December 19, 2002), 67
FR 79195 (December 27, 2002). See also Securities Exchange Act
Release No. 71066 (December 12, 2013) 78 FR 76667 (December 18,
2013) (SR-ISE-2013-66).
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    The procedural change that MIAX is proposing under its existing
Rule is concerned with the constitution [sic] of a stated policy,
practice, or interpretation with respect to the meaning,
administration, or enforcement of an existing Rule of MIAX and MIAX
believes that it is therefore eligible to be filed pursuant to

section 19(b)(3)(A)(i) of the Act \14\ and Rule 19b-4(f)(1) \15\
thereunder. The Exchange believes that this proposed procedural change
under the existing rule is necessary in order to ensure the Exchange's
continued compliance with its Rules and applicable federal law.\16\
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    \14\ 15 U.S.C. 78s(b)(3)(A)(i).
    \15\ 17 CFR 240.19b-4(f)(1).
    \16\ See supra note 9.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with the
Securities Exchange Act of 1934 (the ``Act'') \17\ and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act. Specifically, the Exchange
believes the proposed procedural change under Rule 807 is consistent
with the Section 6(b)(5) \18\ requirements that the rules of an
exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest.
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    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(5).
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    In particular, the Exchange believes that fingerprint-based
background checks via a Live-Scan system of employees, contractors, and
temporary employees is consistent with the foregoing requirements of
Section 6(b)(5) in that it will allow MIAX to remain compliant with the
requirements of its Rule 807 and applicable federal law.\19\ Continuing
to run fingerprint-based background checks is imperative for the
Exchange as they help MIAX identify and exclude persons with felony or
misdemeanor conviction records that may pose a threat to the safety of
Exchange personnel or the security of facilities and records, thereby
enhancing business continuity, workplace safety and the security of the
Exchange's operations and helping to protect investors and the public
interest. Additionally, the proposed procedural change will allow MIAX
to employ the same fingerprinting method currently employed by at least
two other SR0s [sic].\20\
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    \19\ See supra note 9.
    \20\ See supra note 13.
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    For the foregoing reasons, the Exchange believes that the proposed
procedural change under the existing rule is appropriate in order to
ensure continued compliance with applicable state and federal laws.\21\
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    \21\ See supra note 9.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    MIAX does not believe that the proposed procedural change under the
rule will impose any burden on competition that is not necessary or
appropriate in the furtherance of the purposes of the Act. The proposed
procedural change under the rule would enhance the security of the
Exchange's facilities and records without adding any burden on market
participants and allow the Exchange continued compliance with its
fingerprinting rules and with Section 17(f)(2) of the Act as amended by
the Dodd-Frank Act.\22\
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    \22\ See Section 929S of the Dodd-Frank Act.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

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

    The foregoing proposed rule change is filed for immediate
effectiveness pursuant to Section 19(b)(3)(A) of the Act \23\ and Rule
19b-4(f)(1) \24\ thereunder, because it constitutes a stated policy,
practice, or interpretation with respect to the meaning,
administration, or enforcement of an existing rule.
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    \23\ 15 U.S.C. 78s(b)(3)(A).
    \24\ 17 CFR 240.19b-4(f)(1).
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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 necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-MIAX-2014-38 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-MIAX-2014-38. 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 such filing also will be available
for inspection and copying at the principal offices 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-MIAX-2014-38,
and should be submitted on or before August 7, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
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    \25\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-16787 Filed 7-16-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: May 11, 2006 (Volume 71, Number 91)]
[Notices]
[Page 27479-27480]
[DOCID:fr11my06-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL06-66-000]

Cincinnati Gas and Electric Company; Notice of Declaratory Order

May 1, 2006.
    Take notice that on April 18, 2006, Cincinnati Gas and Electric
Company d/b/a/ Duke Energy Ohio, et al. submitted a request that the
Commission issue a declaratory order finding that the payment of
dividends described in this petition does not violate section 305(a) of
the Federal Power Act.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is 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 docket(s). For
assistance with any FERC

Online service, please e-mail<EMAIL_ADDRESS>or call (866)
208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. eastern time on May 11, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-7189 Filed 5-10-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: October 9, 2007 (Volume 72, Number 194)]
[Rules and Regulations]
[Page 57235-57241]
[DOCID:fr09oc07-12]

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ENVIRONMENTAL PROTECTION AGENCY

 40 CFR Parts 750 and 761

[EPA-HQ-OPPT-2007-0425; FRL-8150-6]

Transfer of Polychlorinated Biphenyl Cleanup and Disposal Program
from the Office of Prevention, Pesticides and Toxic Substances to the
Office of Solid Waste and Emergency Response

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is transferring the management of the polychlorinated
biphenyl (PCB) cleanup program and most of the PCB disposal program
from the Office of Prevention, Pesticides and Toxic Substances (OPPTS)
to the Office of Solid Waste and Emergency Response (OSWER). This final
rule is a rule of agency organization, procedure, or practice. It makes
minor amendments to 40 CFR parts 750 and 761, to update certain titles,
organization references, and mailing and website addresses so that
required procedures for providing information and seeking approvals
will be consistent with EPA's new internal organization for managing
the PCB program. OPPTS currently manages the PCB program under the
Toxic Substances Control Act (TSCA) and its regulations. OSWER is the
office within EPA that manages most cleanup and disposal activities
under the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1976 (RCRA) and the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA). After
the administrative transfer is completed, OSWER will oversee most
issues pertaining to PCB cleanup and disposal under TSCA, RCRA, and
CERCLA, as appropriate; OPPTS will continue to oversee other issues
pertaining to PCBs (e.g., issues pertaining to PCB use) under TSCA. The
transfer of the management of the PCB cleanup and disposal program from
OPPTS to OSWER will consolidate administration of cleanup and disposal
activities within one office. The transfer will not make any
substantive changes to the regulatory requirements or standards for PCB
cleanup and disposal under TSCA.

DATES:  This final rule is effective October 9, 2007.

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPPT-2007-0425. All documents in the
docket are listed in the docket index available in regulations.gov. To
access the electronic docket, go to http://www.regulations.gov, select

``Advanced Search,'' then ``Docket Search.'' Insert the docket ID
number where indicated and select the ``Submit'' button. Follow the
instructions on the regulations.gov website to view the docket index or
access available documents. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, will
be publicly available only in hard copy. Publicly available docket
materials are available electronically at http://www.regulations.gov,

or, if only available in hard copy, at the OPPT Docket. The OPPT Docket
is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West
Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public
Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding Federal holidays. The telephone number of the
EPA/DC Public Reading Room is<PHONE_NUMBER>, and the telephone number
for the OPPT Docket is<PHONE_NUMBER>. Docket visitors are required to
show photographic identification, pass through a metal detector, and
sign the EPA visitor log. All visitor bags are processed through an X-
ray machine and subject to search. Visitors will be provided an EPA/DC
badge that must be visible at all times in the building and returned
upon departure.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
    For technical information contact: Sara McGurk, National Program
Chemicals Division (7404T), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>    Vernon Myers, Permits and State Programs Division, Office of Solid
Waste (5303P), Environmental Protection Agency, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

    You may be potentially affected by this action if you manufacture,
process, distribute in commerce, use, cleanup, transport, store, or
dispose of PCBs or materials containing PCBs. Potentially affected
entities may include, but are not limited to:
     Oil and gas extraction (NAICS code 21111), e.g., operating
or closed facilities that use, contain, or dispose of PCBs or PCB
wastes.
     Electric power generation, transmission, and distribution
(NAICS code 2211), e.g., operating or closed facilities that use,
contain, or dispose of PCBs or PCB wastes.
     Construction (NAICS code 23), e.g., operating or closed
facilities that use, contain, or dispose of PCBs or PCB wastes.
     Food manufacturing (NAICS code 311), e.g., operating or
closed facilities that use, contain, or dispose of PCBs or PCB wastes.
     Paper manufacturing (NAICS code 322), e.g., operating or
closed facilities that use, contain, or dispose of PCBs or PCB wastes.
     Petroleum and coal products manufacturing (NAICS code
324), e.g., operating or closed facilities that use, contain, or
dispose of PCBs or PCB wastes.
     Chemical manufacturing (NAICS code 325), e.g., operating
or closed facilities that use, contain, or dispose of PCBs or PCB
wastes.
     Plastics and rubber manufacturing (NAICS code 326), e.g.,
operating or closed facilities that use, contain, or dispose of PCBs or
PCB wastes.
     Primary metal manufacturing (NAICS code 331), e.g.,
operating or closed facilities that use, contain, or dispose of PCBs or
PCB wastes.
     Machinery manufacturing (NAICS code 333), e.g., operating
or closed facilities that use, contain, or dispose of PCBs or PCB
wastes.
     Computer and electronics product manufacturing (NAICS code
334), e.g., operating or closed facilities that use, contain, or
dispose of PCBs or PCB wastes.
     Electrical equipment, appliance, and component
manufacturing (NAICS code 335), e.g., operating or closed facilities
that use, contain, or dispose of PCBs or PCB wastes.
     Transportation equipment manufacturing (NAICS code 336),
e.g., operating or closed facilities that use, contain, or dispose of
PCBs or PCB wastes.
     Rail transportation (NAICS code 48211), e.g., operating or
closed facilities that use, contain, or dispose of PCBs or PCB wastes.
     Lessors of real estate (NAICS code 5311), e.g., operating
or closed facilities that use, contain, or dispose of PCBs or PCB
wastes.
     Waste collection (NAICS code 5621), e.g., operating or
closed facilities that use, contain, or dispose of PCBs or PCB wastes.
     Waste treatment and disposal (NAICS code 5622), e.g.,
operating or closed facilities that use, contain, or dispose of PCBs or
PCB wastes.
     Remediation and other waste management services (NAICS
code 5629), e.g., operating or closed facilities

that use, contain, or dispose of PCBs or PCB wastes.
     Repair and maintenance (NAICS code 811), e.g., operating
or closed facilities that use, contain, or dispose of PCBs or PCB
wastes.
     Public administration (NAICS code 92), e.g., operating or
closed facilities that use, contain, or dispose of PCBs or PCB wastes.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in 40 CFR parts 750 and
761. If you have any questions regarding the applicability of this
action to a particular entity, consult the technical persons listed
under FOR FURTHER INFORMATION CONTACT.

II. Background

A. What Action is the Agency Taking?

    This final rule is an agency organization, procedure, or practice
rule which amends 40 CFR parts 750 and 761 to replace certain OPPTS
contact information with OSWER contact information. This final rule
will not make substantive changes to the PCB regulations under TSCA.
Rather it will amend the regulations to provide the appropriate contact
information so that required procedures for providing information and
seeking approvals will be consistent with EPA's new internal
organization for managing the PCB program. In the regulatory text,
``EPA'' is identified as the entity with decisionmaking authority for
certain approvals or determinations. Specific EPA officials will be
authorized to exercise these authorities on behalf of the Agency
pursuant to internal delegations. Instructions for the submission of
materials required for approvals and determinations are specifically
set forth in the regulatory text.
    This rule is necessary because EPA is transferring the management
of the PCB cleanup program and most of the PCB disposal program from
OPPTS to OSWER. Given OSWER's role in ensuring environmentally sound
waste storage, treatment, cleanup, and disposal, the administrative
transfer will consolidate the administration and implementation of
cleanup and disposal programs within that office, which will maximize
the use of the Agency's limited resources. EPA believes that the
transfer of the PCB cleanup and disposal program from OPPTS to OSWER is
a natural fit. Further, the transfer is consistent with EPA's goals
pursuant to the One Cleanup Program, which operates to improve the
coordination, speed, and effectiveness of cleanups at the nation's
contaminated sites, as well as the Agency's overall goal to protect
human health and the environment.
    After the administrative transfer is completed, OSWER will oversee
issues pertaining to PCB cleanup and disposal, storage for disposal,
processing related to disposal, distribution in commerce related to
disposal or processing for disposal, and decontamination under TSCA,
RCRA, and CERCLA, as appropriate. OPPTS will continue to oversee issues
pertaining to PCB use, storage for use or reuse, manufacture,
processing related to manufacture and use, and distribution in commerce
related to use or processing for use under TSCA. OSWER will implement
PCB cleanup and disposal under TSCA and its regulations as they
currently exist. Thus, PCB cleanup and disposal under TSCA will
continue to be a federally implemented program. Where cleanup and
disposal approvals and renewals are concerned, current approvals will
continue as currently written and renewals will be processed as
scheduled. OSWER will receive any new applications for cleanup and
disposal approvals, renewals, or approval modifications beginning
October 9, 2007.
    OSWER and OPPTS have formed a transition team to facilitate the
administrative transfer. OSWER will identify staff to take over
specific PCB issues and sections of the regulations. Once identified,
OSWER will post contact information on the PCB website, available at
http://www.epa.gov/pcb.

    In addition to facilitating the administrative transfer of the PCB
cleanup and disposal program, this final rule makes minor amendments to
40 CFR part 761, to correct certain typographical errors and outdated
information in OPPTS mailing addresses.

B. What is the Agency's Authority for Taking this Action?

    This final rule is issued by OPPTS under its general rulemaking
authority and TSCA, 15 U.S.C. 2601-2692. This final rule is not subject
to the notice and comment requirements of the Administrative Procedure
Act (APA) because this action falls under ``rules of agency
organization, procedure, or practice,'' and the exception provided by 5
U.S.C. 553(b)(3)(A).

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This final rule implements an administrative transfer of a portion
of the PCB program from OPPTS to OSWER and amends 40 CFR parts 750 and
761. For those portions of the program remaining in OPPTS, this final
rule also corrects certain OPPTS mailing addresses. This final rule
does not otherwise impose or amend any requirements. As such, the
Office of Management and Budget (OMB) has determined that this final
rule is not a ``significant regulatory action'' subject to review by
OMB under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993).

B. Paperwork Reduction Act

    This final rule does not contain any information collection
requirements that require review and approval by OMB pursuant to the
Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.).

C. Regulatory Flexibility Act

    Since this action falls under ``rules of agency organization,
procedure, or practice,'' and the exception provided by 5 U.S.C.
553(b)(3)(A), it is not subject to notice and comment requirements
under the APA or any other statute (see Unit II.B.) and is not subject
to provisions of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.).

D. Unfunded Mandates Reform Act

    This final rule is not subject to sections 202 and 205 of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4) and does
not significantly or uniquely affect small governments or impose a
significant intergovernmental mandate, as described in sections 203 and
204 of UMRA.

E. Executive Order 13132: Federalism

    This final rule will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132,
entitled Federalism (64 FR 43255, August 10, 1999).

F. Executive Order 13175: Consultation and Coordination with Indian
Tribal Governments

    This action does not significantly or uniquely affect the
communities of tribal governments as specified by Executive Order
13175, entitled Consultation and Coordination with Indian Tribal
Governments (65 FR 67249, November 6, 2000).

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

    Because this action is not economically significant as defined by
section 3(f) of Executive Order 12866, this action is not subject to
Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997).

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

    This final rule is not subject to Executive Order 13211, entitled
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001), because this action
is not expected to affect energy supply, distribution, or use.

I. National Technology Transfer and Advancement Act

    This action does not involve any technical standards that require
the Agency's consideration of voluntary consensus standards pursuant to
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).

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

    This action will not result in environmental justice related issues
and does not, therefore, require special consideration under Executive
Order 12898, entitled Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations (59 FR 7629,
February 16, 1994).

IV. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801-808, generally provides
that before a rule may take effect, the agency promulgating the rule
must submit a rule report to each House of the Congress and the
Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the rule in the Federal Register.
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects

40 CFR Part 750
    Environmental protection, Administrative practice and procedure,
Chemicals, Hazardous substances.
40 CFR Part 761
    Environmental protection, Hazardous substances, Labeling,
Polychlorinated biphenyls (PCBs), Reporting and recordkeeping
requirements.

    Dated: September 28, 2007.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 750--[AMENDED]

0
1. The authority citation for part 750 continues to read as follows:

    Authority: 15 U.S.C. 2605.

0
2. In Sec.  750.11, revise paragraph (b) to read as follows:

Sec.  750.11  Filing of petitions for exemption.

* * * * *
    (b) Where to file. All petitions pertaining to:
    (1) PCB use, which includes storage for use or reuse, manufacture,
processing related to manufacture and use, and distribution in commerce
related to use or processing for use, must be submitted to: OPPT
Document Control Officer (7407T), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
    (2) PCB disposal, which includes cleanup, storage for disposal,
processing related to disposal, distribution in commerce related to
disposal or processing for disposal, and decontamination, must be
submitted to: Document Control Officer, Office of Solid Waste (5305P),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001.
* * * * *

0
3. In Sec.  750.21, revise paragraph (b) to read as follows:

Sec.  750.21  Final rule.

* * * * *
    (b) EPA will grant or deny petitions under section 6(e)(3)(B) of
TSCA submitted pursuant to Sec.  750.11. EPA will act on such petitions
subsequent to opportunity for an informal hearing pursuant to this
rule.
* * * * *

0
4. In Sec.  750.31, revise paragraph (b) to read as follows:

Sec.  750.31  Filing of petitions for exemption.

* * * * *
    (b) Where to file. All petitions pertaining to:
    (1) PCB use, which includes storage for use or reuse, manufacture,
processing related to manufacture and use, and distribution in commerce
related to use or processing for use, must be submitted to: OPPT
Document Control Officer (7407T), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
    (2) PCB disposal, which includes cleanup, storage for disposal,
processing related to disposal, distribution in commerce related to
disposal or processing for disposal, and decontamination, must be
submitted to: Document Control Officer, Office of Solid Waste (5305P),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001.
* * * * *

0
5. In Sec.  750.34, revise paragraph (a)(5) to read as follows:

Sec.  750.34  Record.

    (a) * * *
    (5) Any other information that EPA considers to be relevant to such
rule and that EPA identified, on or before the date of the promulgation
of the rule, in a notice published in the Federal Register.
* * * * *

0
6. In Sec.  750.41, revise paragraph (b) to read as follows:

Sec.  750.41  Final rule.

* * * * *
    (b) EPA will grant or deny petitions under section 6(e)(3)(B) of
TSCA submitted pursuant to Sec.  750.31. EPA will act on such petitions
subsequent to opportunity for an informal hearing pursuant to this
rule.
* * * * *

PART 761--[AMENDED]

0
7. The authority citation for part 761 continues to read as follows:

    Authority: 15 U.S.C. 2605, 2607, 2611, 2614, and 2616.

Sec.  761.19  [Amended]

0
8. By removing the phrase ``TSCA Nonconfidential Information Center
(7407), Rm. B607, Northeast Mall, Office of Pollution Prevention and
Toxics, Environmental Protection Agency, 401 M St., SW., Washington, DC
20460'' and adding in its place ``EPA Docket Center (EPA/DC), Rm. 3334,
EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC 20460-
0001'' in Sec.  761.19(b), introductory text.

Sec.  761.60  [Amended]

0
9. By removing the phrase ``the Assistant Administrator for Prevention,
Pesticides and Toxic Substances'' and adding in its place ``EPA'' in
Sec.  761.60(b)(2)(v), first sentence of the introductory text.
0
10. By removing the phrase ``the Assistant Administrator'' and adding
in its place ``EPA'' in Sec.  761.60(b)(2)(v), second sentence of the
introductory text.
0
11. By removing the phrase ``The Assistant Administrator may permit
disposal of PCB capacitors in EPA approved chemical waste landfills
after March 1, 1981, if in his'' and adding in its place ``EPA may
permit disposal of PCB capacitors in EPA-approved chemical waste
landfills after March 1, 1981, if in its'' in Sec.  761.60(b)(2)(v),
last sentence of the introductory text.
0
12. By removing the phrase ``must submit a written request to either
the EPA Regional Administrator or the Director, National Program
Chemicals Division'' and adding in its place ``must submit a written
request to either the Regional Administrator or the Director, Office of
Solid Waste'' in Sec.  761.60(e), first sentence.
0
13. By removing the phrase ``Requests for approval of alternate methods
that will be operated in more than one Region must be submitted to the
Director, National Program Chemicals Division'' and adding in its place
``Requests for approval of alternate methods that will be operated in
more than one Region must submitted to the Director, Office of Solid
Waste,'' in Sec.  761.60(e), second sentence.
0
14. By removing the phrase ``On the basis of such information and any
available information, the EPA Regional Administrator or the Director,
National Program Chemicals Division may, in his or her discretion,
approve the use of the alternate method if he or she'' and adding in
its place ``On the basis of such information and any available
information, EPA may, in its discretion, approve the use of the
alternate method if it'' in Sec.  761.60(e), fifth sentence.
0
15. By removing the phrase ``Any approval must be stated in writing and
may include such conditions and provisions as the EPA Regional
Administrator or Director, National Program Chemicals Division'' and
adding in its place ``Any approval must be stated in writing and may
include such conditions and provisions as EPA'' in Sec.  761.60(e),
sixth sentence.
0
16. By removing the phrase ``(the Director, National Programs Chemical
Division and the Regional Administrators)'' in Sec.  761.60(i)(1).
0
17. By removing the phrase ``Notwithstanding, the Director, National
Programs Chemical Division may, at his/her'' and adding in its place
``Notwithstanding, EPA may, at its'' in Sec.  761.60(i)(1).
0
18. By removing the phrase ``Office of Prevention, Pesticides and Toxic
Substances'' and adding in its place ``Office of Solid Waste and
Emergency Response'' in Sec.  761.60(i)(1).
0
19. By removing the phrase ``the Director, National Program Chemicals
Division'' and adding in its place ``EPA'' in Sec.  761.60(i)(2).

Sec.  761.61  [Amended]

0
20. By removing the phrase ``must apply in writing to the EPA Regional
Administrator in the Region where the sampling, cleanup, disposal or
storage site is located, for sampling, cleanup, disposal or storage
occurring in a single EPA Region; or to the Director of the National
Program Chemicals Division'' and adding in its place ``must apply in
writing to the Regional Administrator in the Region where the sampling,
cleanup, disposal, or storage site is located, for sampling, cleanup,
disposal, or storage occurring in a single EPA Region; or to the
Director, Office of Solid Waste'' in Sec.  761.61(c)(1).

Sec.  761.62  [Amended]

0
21. By removing the phrase ``must apply in writing to: the EPA Regional
Administrator in the Region where the sampling, disposal, or storage
site is located, for sampling, disposal, or storage occurring in a
single EPA Region; or to the Director of the National Program Chemicals
Division'' and adding in its place ``must apply in writing to the
Regional Administrator in the Region where the sampling, disposal, or
storage site is located, for sampling, disposal, or storage occurring
in a single EPA Region; or to the Director, Office of Solid Waste'' in
Sec.  761.62(c)(1).

Sec.  761.65  [Amended]

0
22. By removing the phrase ``Director, National Program Chemicals
Division,'' and adding in its place ``appropriate official at EPA
Headquarters'' in Sec.  761.65(a)(3), first sentence.
0
23. By removing the phrase ``Director, National Program Chemicals
Division'' and adding in its place ``appropriate official at EPA
Headquarters'' in Sec. Sec.  761.65(a)(3), last sentence; 761.65(a)(4);
and 761.65(j), introductory text.
0
24. By removing the phrase ``the Regional Administrator (or the
Director of the Chemical Management Division (Director, National
Programs Chemical Division) in cases involving commercial storage
ancillary to a facility approved for disposal by the Director, National
Programs Chemical Division)'' and adding in its place ``EPA'' in Sec.
761.65(d)(1).
0
25. By removing the phrase ``(or the Director, National Programs
Chemical Division, if the commercial storage area is ancillary to a
facility approved for disposal by the Director, National Programs
Chemical Division)'' and adding in its place ``(or the appropriate
official at EPA Headquarters, if the commercial storage area is
ancillary to a disposal facility for which an official at EPA
Headquarters has approval authority)'' in Sec.  761.65(d)(2),
introductory text.
0
26. By removing the phrase ``by the Regional Administrator or the
Director, National Programs Chemical Division,'' in Sec.  761.65(d)(2),
introductory text.
0
27. By removing the phrase ``(or the Director, National Programs
Chemical Division, if the commercial storage is ancillary to a disposal
facility permitted by the Director, National Programs Chemical
Division)'' and adding in its place ``(or the appropriate official at
EPA Headquarters, if the commercial storage area is ancillary to a
disposal facility permitted by an official at EPA Headquarters)'' in
Sec.  761.65(d)(2)(iv).
0
28. By removing the phrase ``Regional Administrator (or Director,
National Programs Chemical Division)'' and adding in its place
``appropriate EPA official'' in Sec.  761.65(d)(2)(vii).
0
29. By removing the phrase ``the Regional Administrator (or the
Director, National Programs Chemical Division, if the commercial
storage area is ancillary to a disposal facility approved by the
Director, National Programs Chemical Division)'' and adding in its
place ``EPA'' in Sec. Sec.  761.65(d)(4), introductory text;
761.65(d)(4)(ii); 761.65(d)(4)(iv); and 761.65(e)(2).
0
30. By removing the phrase ``shall be called in by the Regional
Administrator or the Director, National Programs Chemical Division, if
it was the Director, National Programs Chemical Division who issued
it'' and adding in its place ``shall be called in by the Regional
Administrator (or the

appropriate official at EPA Headquarters, if approval was granted by an
official at EPA Headquarters)'' in Sec.  761.65(d)(8).
0
31. By removing the phrase ``may be submitted to the Regional
Administrator or the Director, National Programs Chemical Division, in
the cases where the Director, National Programs Chemical Division
issued the approval'' and adding in its place ``may be submitted to the
Regional Administrator or the Director, Office of Solid Waste, in the
cases where an official at EPA Headquarters issued the approval'' in
Sec.  761.65(d)(8).
0
32. By removing the phrase ``(or the Director, National Programs
Chemical Division, if the commercial storage area is ancillary to a
disposal facility approved by the Director, National Programs Chemical
Division)'' and adding in its place ``(or the appropriate official at
EPA Headquarters, if the commercial storage area is ancillary to a
disposal facility for which an official at EPA Headquarters has
approval authority)'' in Sec. Sec.  761.65(e)(3) and 761.65(g)(4)(ii).
0
33. By removing the phrase ``Director, National Programs Chemical
Division, if he'' and adding in its place ``Director, Office of Solid
Waste, if an official at EPA Headquarters'' in Sec.  761.65(e)(4),
introductory text.
0
34. By removing the phrase ``Director, National Programs Chemical
Division, if he'' and adding in its place ``appropriate official at EPA
Headquarters, if an official at EPA Headquarters'' in Sec.
761.65(e)(5).
0
35. By removing the phrase ``Director, National Programs Chemical
Division if he approved the closure plan'' and adding in its place
``Director, Office of Solid Waste, if an official at EPA Headquarters
approved the closure plan'' in Sec.  761.65(e)(6)(i).
0
36. By removing the phrase ``the Regional Administrator or the
Director, National Programs Chemical Division if he approved the
closure plan,'' and adding in its place ``EPA'' in Sec. Sec.
761.65(e)(6)(ii) and 761.65(e)(6)(iii).
0
37. By removing the phrase ``the Regional Administrator or Director,
National Programs Chemical Division if he approved the closure plan,''
and adding in its place ``EPA'' in Sec.  761.65(e)(6)(iv).
0
38. By removing the phrase ``Director, National Programs Chemical
Division if he'' and adding in its place ``Director, Office of Solid
Waste and Disposal, if an official at EPA Headquarters'' in Sec.
761.65(e)(8).
0
39. By removing the phrase ``the Regional Administrator (or the
Director, National Programs Chemical Division, if he approved the
closure plan)'' and adding in its place ``EPA'' in Sec.  761.65(f)(3).
0
40. By removing the phrase ``(or the Director, National Programs
Chemical Division, if the commercial storage area is ancillary to a
disposal facility approved by the Director CMD)'' and adding in its
place ``(or the Director, Office of Solid Waste, if the commercial
storage area is ancillary to a disposal facility approved by an
official at EPA Headquarters)'' in Sec.  761.65(g)(1)(ii).
0
41. By removing the phrase ``the Regional Administrator or the
Director, National Programs Chemical Division, if he approved the
closure plan,'' and adding in its place ``EPA'' in Sec.  761.65(h),
everywhere it appears.
0
42. By removing the phrase ``The Regional Administrator or the
Director, National Programs Chemical Division, if he approved the
closure plan, shall provide the owner or operator with a detailed
written statement stating the reasons why he'' and adding in its place
``EPA shall provide the owner or operator with a detailed written
statement stating the reasons why EPA'' in Sec.  761.65(h).

Sec.  761.70  [Amended]

0
43. By removing the phrase ``shall be approved by an EPA Regional
Administrator or the Director, National Programs Chemical Division''
and adding in its place ``shall be approved by EPA'' in Sec.
761.70(a), introductory text.
0
44. By removing the phrase ``more than one region must be submitted to
the Director, National Programs Chemical Division'' and adding in its
place ``more than one region must be submitted to the Director, Office
of Solid Waste'' in Sec. Sec.  761.70(a), introductory text and
761.70(b), introductory text.
0
45. By removing the phrase ``Director, National Programs Chemical
Division'' and adding in its place ``appropriate official at EPA
Headquarters'' in Sec. Sec.  761.70(a)(7), last sentence and
761.70(a)(8), introductory text.
0
46. By removing the phrase ``the appropriate EPA Regional Administrator
or the Director, National Programs Chemical Division'' and adding in
its place ``EPA'' in Sec.  761.70(a)(9).
0
47. By removing the phrase ``the Regional Administrator or the
Director, National Programs Chemical Division'' and adding in its place
``EPA'' in Sec. Sec.  761.70(a)(9), 761.70(d)(2)(i), everywhere it
appears; 761.70(d)(2)(iii), everywhere it appears; and
761.70(d)(4)(ii), everywhere it appears.
0
48. By removing the phrase ``The Regional Administrator or the
Director, National Programs Chemical Division'' and adding in its place
``EPA'' in Sec.  761.70(d)(2)(i).
0
49. By removing the phrase ``shall be approved by the appropriate EPA
Regional Administrator or the Director, National Programs Chemical
Division'' and adding in its place ``shall be approved by EPA'' in
Sec.  761.70(b), introductory text.
0
50. By removing the phrase ``Director, National Programs Chemical
Division'' and adding in its place ``appropriate official at EPA
Headquarters'' in Sec. Sec.  761.70(d), introductory text, everywhere
it appears and 761.70(d)(4)(i).
0
51. By removing the phrase ``Director, National Programs Chemical
Division'' and adding in its place ``Director, Office of Solid Waste''
in Sec.  761.70(d)(1), introductory text.
0
52. By removing the phrase ``If the Regional Administrator or the
Director, National Programs Chemical Division determines'' and adding
in its place ``If EPA determines'' in Sec.  761.70(d)(2)(ii),
introductory text.
0
53. By removing the phrase ``shall submit to the Regional Administrator
or the Director, National Programs Chemical Division'' and adding in
its place ``shall submit to the Regional Administrator or the Director,
Office of Solid Waste'' in Sec.  761.70(d)(2)(ii), introductory text.
0
54. By removing the phrase ``the Regional Administrator or the
Assistant Administrator for Prevention, Pesticides and Toxic
Substances'' and adding in its place ``EPA'' in Sec.  761.70(d)(3),
everywhere it appears .
0
55. By removing the phrase ``may submit evidence to the Regional
Administrator or the Director, National Programs Chemical Division''
and adding in its place ``may submit evidence to the Regional
Administrator or the Director, Office of Solid Waste'' in Sec.
761.70(d)(5), first sentence.
0
56. By removing the phrase ``the Regional Administrator or the
Director, National Programs Chemical Division may in his/her
discretion'' and adding in its place ``EPA may, in its discretion,'' in
Sec.  761.70(d)(5), second sentence.
0
57. By removing the phrase ``Regional Administrator or the Director,
National Programs Chemical Division'' and adding in its place
``appropriate EPA official'' in Sec.  761.70(d)(7).

Sec.  761.79  [Amended]

0
58. By removing the phrase ``must apply in writing to the EPA Regional
Administrator in the Region where the activity would take place, for
decontamination activity occurring in a single EPA Region; or the
Director of the

National Program Chemicals Division'' and adding in its place ``must
apply in writing to the Regional Administrator in the Region where the
activity would take place, for decontamination activity occurring in a
single EPA Region; or to the Director, Office of Solid Waste'' in
Sec. Sec.  761.79(h)(1), 761.79(h)(2), and 761.79(h)(3).

Sec.  761.120  [Amended]

0
59. By removing the phrase ``Director, Office of Pollution Prevention
and Toxics at Headquarters'' and adding in its place ``Director, Office
of Solid Waste'' in Sec.  761.120(a)(3).
0
60. By removing the phrase ``Director, Office of Pollution Prevention
and Toxics'' and adding in its place ``Director, Office of Solid
Waste'' in Sec.  761.120(b), introductory text.
0
61. By removing the phrase ``Director of the Office of Pollution
Prevention and Toxics'' and adding in its place ``Director, Office of
Solid Waste'' in Sec.  761.120(b)(2).
0
62. By removing the phrase ``Director of OPPT'' and adding in its place
``Director, Office of Solid Waste'' in Sec.  761.120(c), everywhere it
appears.

Sec.  761.125  [Amended]

0
63. By removing the phrase ``(the Office of Prevention, Pesticides and
Toxic Substances Branch)'' in Sec. Sec.  761.125(a)(1)(i) and
761.125(a)(1)(ii).
0
64. By removing the phrase ``(Pesticides and Toxic Substances Branch)''
in Sec.  761.125(a)(1)(iii).

Sec.  761.130  [Amended]

0
65. By removing the phrase ``from the Director, Environmental
Assistance Division (7408), Office of Pollution Prevention and Toxics,
U.S. Environmental Protection Agency, Room E-543B, 1200 Pennsylvania
Ave., NW., Washington, DC 20460, Telephone:<PHONE_NUMBER>, TDD (202)
544-0551'' and adding in its place ``on EPA's PCB Web site at http://www.epa.gov/pcb
, or from the Communications, Information and Resource

Management Division, Office of Solid Waste (5305P), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001'' in Sec.  761.130(e).

Sec.  761.205  [Amended]

0
66. By removing the phrase ``from the Operation Branch (7404), Office
of Pollution Prevention and Toxics, Environmental Protection Agency,
401 M St. SW., Washington, DC 20460'' and adding in its place ``on
EPA's PCB Web site at http://www.epa.gov/pcb, or from the

Communications, Information and Resource Management Division, Office of
Solid Waste (5305P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001'' in Sec.  761.205(a)(3).
0
67. By removing the phrase ``Chief, Operation Branch (7404), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460'' and adding in its place
``Document Control Officer, Office of Solid Waste (5305P),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001'' in Sec.  761.205(d).

Sec. Sec.  761.243 and 761.386  [Amended]

0
68. By removing the phrase ``from the TSCA Assistance Information
Service, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460'' and adding in its place ``on EPA's PCB Web site
at http://www.epa.gov/pcb, or from the Communications, Information and

Resource Management Division, Office of Solid Waste (5305P),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001'' in Sec. Sec.  761.243(a) and 761.386(e).

Sec.  761.398  [Amended]

0
69. By removing the phrase ``Director, National Program Chemicals
Division (NPCD), (7404), Office of Pollution Prevention and Toxics,
1200 Pennsylvania Ave., NW., Washington, DC'' and adding in its place
``Director, Office of Solid Waste (5301P), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001'' in
Sec.  761.398(a).
0
70. By removing the phrase ``the Director of NPCD'' and adding in its
place ``EPA'' in Sec.  761.398(a).
[FR Doc. E7-19841 Filed 10-5-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 76, Number 181 (Monday, September 19, 2011)]
[Notices]
[Page 58027]
[FR Doc No: 2011-23914]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3338-EM; Docket ID FEMA-2011-0001]

Vermont; Amendment No. 1 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for
the State of Vermont (FEMA-3338-EM), dated August 29, 2011, and related
determinations.

DATES: Effective Date: September 2, 2011.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this emergency is closed effective September 2, 2011.

    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.

    September 12, 2011.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-23914 Filed 9-16-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: September 21, 2009 (Volume 74, Number 181)]
[Notices]
[Page 48117-48118]
[DOCID:fr21se09-90]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60659; File No. SR-FINRA-2009-044]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Order Approving Proposed Rule Change, as Modified by
Amendment No. 1, To Adopt FINRA Rules 2262 (Disclosure of Control
Relationship With Issuer), 2269 (Disclosure of Participation or
Interest in Primary or Secondary Distribution) and 5260 (Prohibition on
Transactions, Publication of Quotations, or Publication of Indications
of Interest During Trading Halts) in the Consolidated FINRA Rulebook

September 11, 2009.
    On June 29, 2009, Financial Industry Regulatory Authority, Inc.
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc.
(``NASD'')) 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 to adopt without material change NASD Rules 2240
(Disclosure of Control Relationship with Issuer), 2250 (Disclosure of
Participation or Interest in Primary or Secondary Distribution) and
3340 (Prohibition on Transactions, Publication of Quotations, or
Publication of Indications of Interest During Trading Halts) as FINRA
rules in the Consolidated FINRA Rulebook and to delete NYSE Rules
312(f)(1) through 312(f)(3) and 321.24. The proposed rule change would
renumber NASD Rules 2240, 2250 and 3340 as FINRA Rules 2262, 2269 and
5260, respectively, in the Consolidated FINRA Rulebook.
---------------------------------------------------------------------------

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

    The proposed rule change was published for comment in the Federal
Register on July 24, 2009.\3\ FINRA filed Amendment No. 1 to the
proposed rule change on September 11, 2009.\4\ The Commission received
no comment letters on the proposed rule change. This order approves the
proposed rule change, as modified by Amendment No. 1.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 60330 (July 17,
2009), 74 FR 36787.
    \4\ Amendment No. 1 is a technical amendment that clarifies that
the proposed rule change would not change Incorporated NYSE Rule
312(h); therefore, Amendment No. 1 does not require notice and
comment.
---------------------------------------------------------------------------

    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.\5\ In particular, the Commission finds that the proposed
rule change is consistent with the provisions of Section 15A(b)(6) of
the Act,\6\ which requires, among other things, that FINRA 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.
---------------------------------------------------------------------------

    \5\ In approving this proposal, the Commission has considered
the proposed rule's impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \6\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

    The Commission believes that transferring NASD Rules 2240 and 2250
into the Consolidated FINRA Rulebook as FINRA Rules 2262 and 2269 will
ensure that disclosures or notifications that member firms must provide
to customers in connection with certain securities transactions will
continue to be made. These rules are intended to provide disclosure to
a customer about certain relationships involving the member that may
present a conflict of interest. The Commission believes that repealing
NYSE Rules 312(f) and 321.24

is appropriate because the purposes they serve are addressed by
proposed FINRA Rules 2262 and 2269, other FINRA rules or Commission
Rules. The Commission believes that transferring NASD Rule 3340 into
the Consolidated FINRA Rulebook as FINRA Rule 5260 will ensure that
members are aware that the trading and quoting conduct prohibited by
this rule when a trading halt is in effect will continue to be
prohibited under the new FINRA rules. The proposed rule change makes
non-material changes to NASD rules that have been useful in protecting
investors.
    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\7\ that the proposed rule change, as modified by Amendment No. 1
(SR-FINRA-2009-044) be, and hereby is, approved.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
Florence E. Harmon,
Deputy Secretary.
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. E9-22514 Filed 9-18-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: February 3, 2010 (Volume 75, Number 22)]
[Notices]
[Page 5638-5639]
[DOCID:fr03fe10-99]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Application for Approval of Discontinuance or
Modification of a Railroad Signal System or Relief From the
Requirements of Title 49 Code of Federal Regulations Part 236

    Pursuant to Title 49 Code of Federal Regulations (CFR) Part 235 and
49 U.S.C. 20502(a), the following railroad has petitioned the Federal
Railroad Administration (FRA) seeking approval for the discontinuance
or modification of the signal system or relief from the requirements of
49 CFR part 236, as detailed below.

Grenada Railway, LLC

[Docket Number FRA-2009-0122]

    The Grenada Railway, LCC (GRYR) seeks approval of the proposed
discontinuance and removal of the Automatic Block Signal System (ABS)
on the entire railroad line between, but not including, the point of
ownership at the Tennessee State Line, milepost (MP) 403.3 (Canadian
National connection) to, but not including, the point of ownership at
MP 703.8, near Davis, Mississippi (Canadian National connection). A
northbound operative approach signal will be installed at MP 404.0 and
a southbound operative approach signal will be installed at MP 702.8.
    The reason given for the proposed changes is that the ABS is no
longer needed in the current or foreseeable future operations of GRYR.
There are substantial costs in maintaining the ABS. GRYR will operate
under Rule 520, Other Than Main Track.
    Any interested party desiring to protest the granting of an
application shall set forth specifically the grounds upon which the
protest is made, and include a concise statement of the interest of the
party in the proceeding. Additionally, one copy of the protest shall be
furnished to the applicant at the address listed above.
    FRA expects to be able to determine these matters without an oral
hearing. However, if a specific request for an oral hearing is
accompanied by a showing that the party is unable to adequately present
his or her position by written

statements, an application may be set for public hearing.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2009-0122) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that date will be considered as far as practicable. All
written communications concerning these proceedings are available for
examination during regular business hours (9 a.m.--5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) or at
http://www.dot.gov/privacy.html.

    Issued in Washington, DC on January 28, 2010.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program
Development.
[FR Doc. 2010-2247 Filed 2-2-10; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Notices]
[Pages 17023-17025]
[FR Doc No: 2017-06671]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2012-0012]

National Flood Insurance Program Nationwide Programmatic
Environmental Impact Statement

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of availability of a draft nationwide programmatic
environmental impact statement and notice of public meetings.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) has prepared a
draft nationwide programmatic environmental impact statement (NPEIS)
evaluating the environmental impacts of proposed modifications to the
National Flood Insurance Program (NFIP). This Draft NPEIS includes an
evaluation of the potential impacts to the natural and human
environment associated with the NFIP at a nationwide programmatic
level, as well as an evaluation of impacts of alternative proposals to
modify the NFIP. Public meetings and public outreach opportunities will
be held during the comment period on the Draft NPEIS. The Draft NPEIS
is available for download at www.regulations.gov under Docket ID FEMA-
2012-0012.

DATES: FEMA will conduct public meetings and webinars on the Draft
NPEIS. For information on the dates, times, and locations for the
public meetings or to register for an online webinar, visit https://www.fema.gov/programmatic-environmental-impact-statement.
    The public comment period on the Draft NPEIS starts with a
concurrent publication through the U.S. Environmental Protection Agency
of a notice in the Federal Register and will continue until June 6,
2017. FEMA will consider all comments recorded at the public meetings
and all electronic and written comments on the Draft NPEIS received or
postmarked by June 6, 2017. Agencies, interested parties, and the
public are invited to submit comments on this Draft NPEIS at any time
during the public comment period.

ADDRESSES: FEMA will hold public meetings to allow the public an
opportunity to learn more about the project and to provide comments on
the Draft NPEIS. In addition to the public meetings, FEMA has organized
a series of online webinars. Similar to the in-person public meetings,
during the webinars, FEMA will present information about the Draft
NPEIS and accept comments on the Draft NPEIS. For information on the
dates, times, and locations for the public meetings or to register for
an online webinar, visit https://www.fema.gov/programmatic-environmental-impact-statement. You may submit comments, identified by
Docket ID FEMA-2012-0012, using one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Search for
Docket ID FEMA-2012-0012 and follow the instructions for submitting
comments.
    Mail/Hand Delivery/Courier: Regulatory Affairs Division, Office of
Chief Counsel, Federal Emergency Management Agency, 8NE, 500 C St. SW.,
Washington, DC 20472.
    Instructions: All submissions received must include the FEMA Docket
ID. Regardless of the method used for submitting comments or materials,
all submissions will be publically available, become part of the public
record, and may be printed in the Final NPEIS. Therefore, submitting
this information makes it public. All personally identifiable
information, such as name or address, voluntarily submitted by the
commenter may be publicly accessible.

FOR FURTHER INFORMATION CONTACT: For more information on the NPEIS,
contact Bret Gates, FEMA, Federal Insurance and Mitigation
Administration, Floodplain Management Division, 400 C Street SW.,
Washington, DC 20472, or via email at<EMAIL_ADDRESS>or by
phone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Flooding has been, and continues to be, a
serious risk in the United States. To address the need, in 1968,
Congress established the NFIP as a Federal program to provide access to
federally backed flood insurance protection. The NFIP is a voluntary
Federal program through which property owners in participating
communities can purchase Federal flood insurance as a protection
against flood losses. In exchange, communities must enact local
floodplain management regulations to reduce flood risk and flood-
related damages. However, the power to regulate floodplain development,
including requiring and approving permits, establishing permitting
requirements, inspecting property, and citing violations, requires land
use authority. The regulation of land use falls under the State's
police powers, which the Constitution reserves to the States, and the
States delegate this power down to their respective political
subdivisions. FEMA has no direct

involvement in the administration of local floodplain management
ordinances or in the permitting process for development in the
floodplain.
    In addition to providing flood insurance and reducing flood damages
through floodplain management, the NFIP identifies and maps the
nation's floodplains. Maps depicting flood hazard information are used
to promote broad-based awareness of flood hazards, provide data for
rating flood insurance policies, and determine the appropriate minimum
floodplain management criteria for flood hazard areas.
    On average, flooding continues to be the single greatest source of
damage from natural hazards in the United States, causing about 82
deaths and $8 billion in property damage annually. Today, more than
22,000 communities participate in the NFIP, with more than 5.1 million
flood insurance policies in effect, providing over $1.2 trillion in
insurance coverage. The NFIP serves as the foundation for national
efforts to reduce the loss of life and property from flood disaster. In
2011, former FEMA Administrator Craig Fugate reported to the Senate
Committee on Banking, Housing, and Urban Affairs that implementation of
the NFIP minimum floodplain management requirements is estimated to
save the nation about $1.7B annually through avoided flood losses.
    The proposed modifications to the NFIP are needed to (a) implement
the legislative requirements of the Biggert-Waters Flood Insurance
Reform Act of 2012 (BW-12) and the Homeowner Flood Insurance
Affordability Act of 2014 (HFIAA); and (b) to demonstrate compliance
with the Endangered Species Act (ESA). As stated in the draft NPEIS the
need to implement the legislative requirements of BW-12 and HFIAA
arises from the recent concerns over the fiscal soundness of the NFIP.
    This Draft NPEIS considers four alternatives and describes the
potential environmental effects of each alternative. The four
alternatives include:
     Alternative 1 (No Action)
     The No Action Alternative refers to the current
implementation of the NFIP. The No Action Alternative is prescribed by
Council on Environmental Quality regulations (40 CFR 1502.14(d)) and
serves as a benchmark against which impacts of the alternatives can be
evaluated.
     Alternative 2 (Legislatively Required Changes, Floodplain
Management Criteria Guidance, and Letter of Map Change [LOMC]
Clarification) (Preferred Alternative)
     Phase out of subsidies on certain pre-FIRM properties
(non-primary residences, business properties, severe repetitive loss
properties, substantially damaged or improved properties, and
properties for which the cumulative claims payments exceed the fair
market value of the property) at a rate of 25 percent premium increases
per year.
     Phase out of subsidies on all other pre-FIRM properties
through annual premium rate increases of an average rate of at least 5
percent, but no more than 15 percent, per risk classification, with no
individual policy exceeding an 18 percent premium rate increase.
     Implement a monthly installment plan payment option for
non-escrowed flood insurance policies.
    [cir] Clarify that pursuant to 44 CFR 60.3(a)(2), a community must
obtain and maintain documentation of compliance with the appropriate
Federal or State laws, including the ESA, as a condition of issuing
floodplain development permits.
    [cir] Clarify that the issuing of certain LOMC requests (i.e., map
revisions) is contingent on the community, or the project proponent on
the community's behalf, submitting documentation of compliance with the
ESA.
    [cir] Alternative 3 (Legislatively Required Changes, Proposed ESA
Regulatory Changes, and LOMC Clarification)
    [cir] Phase out of subsidies on certain pre-FIRM properties (non-
primary residences, business properties, severe repetitive loss
properties, substantially damaged or improved properties, and
properties for which the cumulative claims payments exceed the fair
market value of the property) at a rate of 25 percent premium increases
per year.
    [cir] Phase out of subsidies on all other pre-FIRM properties
through annual premium rate increases of an average rate of at least 5
percent, but no more than 15 percent, per risk classification, with no
individual policy exceeding an 18 percent premium rate increase.
    [cir] Implement a monthly installment plan payment option for non-
escrowed flood insurance policies.
    [cir] Establish a new ESA-related performance standard in the
minimum floodplain management criteria at 44 CFR 60.3 that would
require communities to obtain and maintain documentation that any
adverse impacts caused by proposed development, including fill, to ESA-
listed species and designated critical habitat will be mitigated to the
maximum extent possible.
    [cir] Clarify that the exception to the no-rise performance
standard in the floodway applies only to projects that serve a public
purpose or result in the restoration of the natural and beneficial
functions of floodplains.
    [cir] Increase the probation surcharge applicable to NFIP
communities placed on probation from $50 to $100.
    [cir] Clarify that the issuance of certain LOMC requests (i.e., map
revisions) is contingent on the community, or the project proponent on
the community's behalf, submitting documentation of compliance with the
ESA.
    [cir] Alternative 4 (Legislatively Required Changes, ESA Guidance,
and LOMC Clarification)
    [cir] Phase out of subsidies on certain pre-FIRM properties (non-
primary residences, business properties, severe repetitive loss
properties, substantially damaged or improved properties, and
properties for which the cumulative claims payments exceed the fair
market value of the property) at a rate of 25 percent premium increases
per year.
    [cir] Phase out of subsidies on all other pre-FIRM properties
through annual premium rate increases of an average rate of at least 5
percent, but no more than 15 percent, per risk classification, with no
individual policy exceeding an 18 percent premium rate increase.
    [cir] Implement a monthly installment plan payment option for non-
escrowed flood insurance policies.
    [cir] Utilize the existing performance standard in 44 CFR
60.3(a)(2) to implement a new policy/procedure requiring communities to
ensure that, for any floodplain development for which a floodplain
development permit is sought, the impacts to ESA-listed species and
designated critical habitat are identified and assessed and, if there
are any potential adverse impacts to such species and habitat as a
result of such development, that the community obtain and maintain
documentation that the proposed floodplain development will be
undertaken in compliance with the ESA.
     Clarify that the issuance of certain LOMC requests (i.e.,
map revisions) is contingent on the community, or the project proponent
on the community's behalf, submitting documentation of compliance with
the ESA.

Public Involvement and Comments

    During the public comment period, FEMA will host several in-person
public meetings and online webinars to receive comments on the Draft
NPEIS. Public meetings will include an overview presentation and an
opportunity for the public to present oral comments or submit written
comments on the Draft NPEIS. Meeting locations and times are listed
under the project Web site https://www.fema.gov/programmatic-environmental-impact-statement.

    Speakers will be asked to provide brief comments to allow adequate
time to hear all comments. Should any speaker desire to provide further
information for the record that cannot be presented within the
designated time, such additional information may be submitted at the
meeting, electronically, or by letter at the address provided on this
notice by June 6, 2017. Speakers are encouraged to provide a written
version of their oral comments at the in person meetings to ensure that
their comments are completely and accurately recorded.
    FEMA requests that reviewers provide specific information and
comments on factual errors, missing information, or additional
considerations that should be corrected or included in the Final NPEIS.
Comments on the Draft NPEIS should be as specific as possible and
address the adequacy of the NPEIS or the merits of the alternatives
discussed (40 CFR 1503.3).
    Individual respondents may request confidentiality. The names,
street addresses, and city or town information of those providing
comments will be part of the administrative record, and will be subject
to public disclosure unless confidentiality is requested. Such a
request must be stated prominently at the beginning of the comment. We
will honor requests to the extent allowed by law. All submissions from
organizations or businesses, and from individuals identifying
themselves as representatives or officials of organizations or
businesses, will be available for public inspection in their entirety,
consistent with applicable law.
    Comments submitted during this public comment period will be
considered in preparation of a Final NPEIS and used by FEMA in its
decision-making process for the Federal action. After gathering public
comments, FEMA will review and provide responses in the Final NPEIS
according to 40 CFR 1503.4. A Record of Decision addressing the Federal
action will be issued by FEMA no sooner than 30 days following the
distribution of the Final NPEIS.

    Authority:  42 U.S.C. 4331 et seq,; 40 CFR part 1500; FEMA
Instruction 108-1-1.

    Dated: March 29, 2017.
Robert Fenton,
Senior Official Performing the Duties of the Administrator, Federal
Emergency Management Agency.
[FR Doc. 2017-06671 Filed 4-6-17; 8:45 am]
 BILLING CODE 9111-A6-P


[Federal Register: December 4, 2008 (Volume 73, Number 234)]
[Notices]
[Page 73949-73950]
[DOCID:fr04de08-53]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

Agency Information Collection Activities: Proposed Collection;
Comment Request

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice; 60-day notice and request for comments; Revision of a
currently approved collection, OMB Number: 1660-0070, FEMA Form 75-100.

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SUMMARY: The Federal Emergency Management Agency, as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public and other Federal agencies to take this opportunity
to comment on a revised information collection. In accordance with the
Paperwork Reduction Act of 1995, this notice seeks comments concerning
the use of a form to collect data for the development and continuation
of the National Fire Department Census database.

SUPPLEMENTARY INFORMATION: Public Law 93-498 provides for the gathering
and analyzing of data as deemed useful and applicable for fire
departments. The U.S. Fire Administration (USFA) receives many requests
from fire service organizations and the general public for information
related to fire departments, including total number of departments,
number of stations per department, population protected, and number of
firefighters. The USFA also has a need for this information to guide
programmatic decisions, and produce mailing lists for USFA
publications. Recommendations for the creation of the fire department
database came out of a Blue Ribbon Panel's review of the USFA. The
report included a review of the structure, mission and funding of the
USFA, future policies, programmatic needs, course development and
delivery, and the role of the USFA to reflect changes in the fire
service. As a result of those recommendations, the USFA is working to
identify all fire departments in the United States to develop a
database that will include information related to demographics,
capabilities, and activities of fire departments Nationwide. In the
first year of this effort, information was collected from 16,000 fire
departments. Since the first year of the collection, an additional
10,000 departments have registered.

Collection of Information

    Title: National Fire Department Census.
    Type of Information Collection: Revision of a currently approved
collection.
    OMB Number: 1660-0070.
    Form Numbers: FEMA Form 75-100, National Fire Department Census.
    Abstract: This collection seeks to identify fire departments in the
U.S. to compile a database related to demographics, capabilities, and
activities. The database will be used to guide programmatic decisions
and provide information to the public.
    Affected Public: Federal Government, State, Local or Tribal
Government.
    Estimated Total Annual Burden Hours: 1,667 burden hours.

Annual Hour Burden

                                                 Table A.12--Estimated Annualized Burden Hours and Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Number of                                Total                     Total
                                                                Number of    responses   Avg. burden per response     annual    Avg. hourly     annual
          Type of respondent            Form name/form number  respondents      per             (in hours)          burden (in   wage rate    respondent
                                                                             respondent                               hours)                     cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
State, Local, or Tribal..............  FF 75-100.............          528            1  25 minutes (.4167 hours)       220.02       $21.22    $4,668.82
State, Local, or Tribal (volunteers).  FF 75-100.............         3472            1  25 minutes (.4167 hours)     1,446.78            0            0
                                                              ------------------------------------------------------------------------------------------
    Total............................  ......................        4,000  ...........  ........................        1,667  ...........    $4,668.82
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated Cost: The estimated annualized cost to respondents based
on wage rate categories is $4,668.82. The estimated annual cost to the
Federal Government is $65,550.00.
    Comments: Written comments are solicited to (a) evaluate whether
the proposed data collection is necessary for the proper performance of
the agency, including whether the information shall have practical
utility; (b) evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used; (c) enhance the
quality, utility, and clarity of the information to be collected; and
(d) minimize the burden of the collection of information on those who
are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. Comments must be submitted on or before
February 2, 2009.

ADDRESSES: Interested persons should submit written comments to Office
of Management, Records Management Division, Federal Emergency
Management Agency, 500 C Street, SW., Washington, DC 20472.

FOR FURTHER INFORMATION CONTACT: Contact Gayle Kelch, Statistician,
United States Fire Administration, National Fire Data Center, (301)
447-1154 for additional information. You may contact the Records
Management Branch for copies of the proposed collection of information
at facsimile number<PHONE_NUMBER> or e-mail address: FEMA-Information-
<EMAIL_ADDRESS>
Lawann B. Johnson,
Acting Director, Records Management Division, Office of Management,
Federal Emergency Management Agency, Department of Homeland Security.
[FR Doc. E8-28689 Filed 12-3-08; 8:45 am]

BILLING CODE 9110-17-P