[Federal Register Volume 78, Number 64 (Wednesday, April 3, 2013)]
[Notices]
[Pages 20162-20164]
[FR Doc No: 2013-07723]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69251; File No. SR-NYSEArca-2013-14]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving a
Proposed Rule Change, as Modified by Amendment No. 1, Relating to
Listing and Trading of Shares of the Cambria Shareholder Yield ETF
Pursuant to NYSE Arca Equities Rule 8.600

March 28, 2013.

I. Introduction

    On January 31, 2013, NYSE Arca, Inc. (``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) \1\ of the Securities
Exchange Act of 1934 (``Exchange Act'') \2\ and Rule 19b-4
thereunder,\3\ a proposed rule change to list and trade shares
(``Shares'') of the Cambria Shareholder Yield ETF (``Fund'') under NYSE
Arca Equities Rule 8.600. On February 13, 2013, the Exchange filed
Amendment No. 1 to the proposed rule change.\4\ The proposed rule
change was published for comment in the Federal Register on February
21, 2013.\5\ The Commission received no comments on the proposal. This
order approves the proposed rule change, as modified by Amendment No.
1.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ In Amendment No. 1, the Exchange: (1) made technical changes
to the proposed rule change to clarify how the net asset value of
the Cambria Shareholder Yield ETF would be calculated; and (2)
stated that quotation and last-sale information for many securities
held by the Cambria Shareholder Yield ETF would be available via the
Consolidated Tape Association high speed line.
    \5\ See Securities Exchange Act Release No. 68930 (February 14,
2013), 78 FR 12110 (``Notice'').
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II. Description of the Proposed Rule Change

    The Exchange proposes to list and trade Shares of the Fund under
NYSE Arca Equities Rule 8.600, which governs the listing and trading of
Managed Fund Shares \6\ on the Exchange. The Shares of the Fund will be
offered by Cambria ETF Trust (``Trust''). The Trust will be registered
with the Commission under the 1940 Act as an open-end management
investment company.\7\ Cambria Investment Management, L.P. will serve
as the investment adviser to the Fund (``Adviser'').\8\ SEI Investments
Distribution Co. (``Distributor'') will be the principal underwriter
and distributor of the Fund's Shares. SEI Investments Global Funds
Services (``Administrator'') will serve as administrator for the Fund.
Brown Brothers Harriman & Co. will serve as the custodian and transfer
agent for the Fund (``Custodian'' and ``Transfer Agent,''
respectively). The Exchange represents that the Shares will conform to
the initial and continued listing criteria under NYSE Arca Equities
Rule 8.600 and that the Fund will be in compliance with Rule 10A-3
under the Exchange Act,\9\ as provided by NYSE Arca Equities Rule 5.3.
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    \6\ A Managed Fund Share is a security that represents an
interest in an investment company registered under the Investment
Company Act of 1940 (15 U.S.C. 80a-1) (``1940 Act'') organized as an
open-end investment company or similar entity that invests in a
portfolio of securities selected by its investment adviser
consistent with its investment objectives and policies. In contrast,
an open-end investment company that issues Investment Company Units,
listed and traded on the Exchange under NYSE Arca Equities Rule
5.2(j)(3), seeks to provide investment results that correspond
generally to the price and yield performance of a specific foreign
or domestic stock index, fixed income securities index, or
combination thereof.
    \7\ On July 6, 2012, the Trust filed an amendment to the Trust's
registration statement on Form N-1A under the Securities Act of 1933
(``1933 Act'') (15 U.S.C. 77a), and under the 1940 Act relating to
the Fund (File Nos. 333-180879 and 811-22704) (``Registration
Statement''). The Trust also filed an Amended and Restated
Application for an Order under Section 6(c) of the 1940 Act for
exemptions from various provisions of the 1940 Act and rules
thereunder (File No. 812-13959), dated November 13, 2012
(``Exemptive Application''). The Commission has issued an order
granting certain exemptive relief to the Trust under the 1940 Act.
See Investment Company Act Release No. 30340 (January 4, 2013)
(``Exemptive Order''). The Exchange states that investments made by
the Fund will comply with the conditions set forth in the Exemptive
Application and the Exemptive Order. See Notice, supra note 5, 78 FR
at 12110 n.7.
    \8\ The Exchange states that the Advisor is not affiliated with
any broker-dealer and, in the event that (a) the Adviser or any sub-
adviser becomes newly affiliated with a broker-dealer, or (b) any
new adviser or sub-adviser becomes affiliated with a broker-dealer,
it will implement a fire wall with respect to such broker-dealer
regarding access to information concerning the composition of and/or
changes to the portfolio, and will be subject to procedures designed
to prevent the use and dissemination of material non-public
information regarding the portfolio. See Notice, supra note 5, 78 FR
at 12111.
    \9\ 17 CFR 240.10A-3.
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    The Fund seeks income and capital appreciation with an emphasis on
income from investments in the U.S. equity market. The Fund will seek
to achieve its investment objective by investing primarily in equity
securities, including the common stock of U.S. companies, that exhibit
strong cash flows, as reflected by their payment of dividends to
shareholders and their return of capital to shareholders in other
forms, such as through net stock buybacks, net debt paydown, mergers,
acquisitions, and other forms of reinvestment in the business. The Fund
may obtain a limited amount of foreign and emerging markets exposure
through investments in depositary receipts, including American
Depositary Receipts (``ADRs'') and Global Depositary Receipts
(``GDRs''). The Fund will not invest in non-U.S. equity securities
other than through ADRs and GDRs. The Fund will not invest in options,
futures, or swaps. The Fund's investments will be consistent with its
respective investment objective and will not be used to enhance
leverage.
    Cambria will utilize a quantitative model to identify which
securities the Fund might purchase and sell and opportune times for
purchases and sales. While the Fund will invest in approximately 100 of
the top equity securities as determined by their shareholder yield, the
quantity of holdings in the Fund will be based on a number of factors,
including the asset size of the Fund and the number of companies that
satisfy the Adviser's quantitative measurements at any one time. The
Fund's portfolio will be rebalanced to the Adviser's internal target
allocations, developed pursuant to the Adviser's strategy described
above, at least quarterly.
    Additional information regarding the Fund; the Shares; the Fund's
investment objective, strategies, methodology, and restrictions; the
Adviser; the distributor; the administrator; the custodian; the
transfer agent; risks; fees and expenses; creations and redemptions of
Shares; availability of information; trading rules and halts; and
surveillance procedures, among other things, can be found in the
Registration Statement and in the Notice, as applicable.\10\
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    \10\ See supra notes 5 and 7.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the Exchange's
proposal to list and trade the Shares is consistent with the Exchange
Act and the rules and regulations thereunder applicable to a national
securities exchange.\11\ In particular, the Commission finds that the
proposed rule change is consistent with Section 6(b)(5) of the Exchange
Act,\12\ which requires, among other things, that the Exchange's rules
be designed 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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    \11\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition and
capital formation. See 15 U.S.C. 78c(f).
    \12\ 15 U.S.C. 78f(b)(5).
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    The Commission finds that the proposal to list and trade the Shares
on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the
Exchange Act, which sets forth Congress' finding that it is in the
public interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for and transactions in securities. Quotation and last-sale
information for the Shares and many securities held by the Fund will be
available via the Consolidated Tape Association high-speed line, and
the Exchange will disseminate the Portfolio Indicative Value (``PIV'')
at least every 15 seconds during the Core Trading Session through one
or more major market data vendors.\13\ The Fund's Web site will include
additional quantitative information updated on a daily basis,
including, for the Fund, (1) the prior business day's reported closing
price, NAV, and mid-point of the bid/ask spread at the time of
calculation of such NAV (``Bid/Ask Price''),\14\ and a calculation of
the premium and discount of the Bid/Ask Price against the NAV, and (2)
data in chart format displaying the frequency distribution of discounts
and premiums of the daily Bid/Ask Price against the NAV, within
appropriate ranges, for each of the four previous calendar
quarters.\15\ Information regarding market price and trading volume of
the Shares will be continually available on a real-time basis
throughout the day on brokers' computer screens and other electronic
services.\16\ NYSE Arca expects that information regarding the previous
day's closing price and trading volume information for the Shares will
be published daily in the financial section of newspapers.\17\
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    \13\ See Notice, supra note 5, 78 FR at 12114.
    \14\ The Bid/Ask Price of the Fund will be determined using the
mid-point of the highest bid and the lowest offer on the Exchange as
of the time of calculation of the Fund's NAV. The records relating
to Bid/Ask Prices will be retained by the Fund and its service
providers.
    \15\ See Notice, supra note 5, 78 FR at 12114.
    \16\ See id.
    \17\ See id.
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    The Commission further believes that the proposal to list and trade
the Shares is reasonably designed to promote fair disclosure of
information that may be necessary to price the Shares appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. The Fund will make available on its Web site on each business
day before commencement of the Core Trading Session the Disclosed
Portfolio that will form the basis for the Fund's calculation of NAV at
the end of the business day.\18\ The Commission notes that the Exchange
will obtain a representation from the Fund that the NAV per Share will
be calculated daily and that the NAV and the Disclosed Portfolio will
be made available to all market participants at the same time.\19\ In
addition, the basket composition file will be publicly disseminated
daily prior to the opening of the NYSE via NSCC. Further, if the PIV is
not being disseminated as required, the Exchange may halt trading
during the day in which the interruption occurs; if the interruption
persists past the day in which it occurred, the Exchange will halt
trading no later than the beginning of the trading day following the
interruption.\20\ Further, the Commission notes that the Reporting
Authority that provides the Disclosed Portfolio must implement and
maintain, or be subject to, procedures designed to prevent the use and
dissemination of material non-public information regarding the actual
components of the portfolio.\21\ Finally, the Exchange states that, on
its behalf, the Financial Industry Regulatory Authority will
communicate as needed regarding trading in the Shares with other
markets that are members of the Intermarket Surveillance Group or with
which the Exchange has in place a comprehensive surveillance sharing
agreement.\22\
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    \18\ See id. Under accounting procedures to be followed by the
Fund, trades made on the prior business day (``T'') will be booked
and reflected in NAV on the current business day (``T+1'').
Accordingly, the Fund will be able to disclose at the beginning of
the business day the portfolio that will form the basis for the NAV
calculation at the end of the business day. See id.
    \19\ See id. at 12112.
    \20\ See NYSE Arca Equities Rule 8.600(d)(2)(D). Trading in the
Shares may also be halted because of market conditions or for
reasons that, in the view of the Exchange, make trading in the
Shares inadvisable. These may include: (1) the extent to which
trading is not occurring in the securities composing the Disclosed
Portfolio and/or the financial instruments of the Fund; or (2)
whether other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present. See Notice,
supra note 5, 78 FR at 12114.
    \21\ See NYSE Arca Equities Rule 8.600(d)(2)(B)(ii).
    \22\ See Notice, supra note 5, 78 FR at 12115.
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    The Exchange has represented that the Shares are equity securities
subject to the Exchange's rules governing the trading of equity
securities.\23\ In support of this proposal, the Exchange has made
representations, including:
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    \23\ See id. at 12114.
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    (1) The Shares will conform to the initial and continuing listing
criteria under NYSE Arca Equities Rule 8.600.
    (2) The Exchange's surveillance procedures are adequate to properly
monitor Exchange trading of the Shares in all trading sessions and to
deter and detect violations of Exchange rules and applicable federal
securities laws.
    (3) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.
    (4) Prior to the commencement of trading, the Exchange will inform
its Equity Trading Permit Holders (``ETP Holders'') in an Information
Bulletin of the special characteristics and risks associated with
trading the Shares. Specifically, the Information Bulletin will discuss
the following: (a) The procedures for purchases and redemptions of
Shares and that Shares are not individually redeemable; (b) NYSE Arca
Equities Rule 9.2(a), which imposes a duty of due diligence on its ETP
Holders to learn the essential facts relating to every customer prior
to trading the Shares; (c) the risks involved in trading the Shares
during the Opening and Late Trading Sessions when an updated PIV will
not be calculated or publicly disseminated; (d) how information
regarding the PIV is disseminated; (e) the requirement that ETP Holders
deliver a prospectus to investors purchasing newly issued Shares prior
to or concurrently with the confirmation of a transaction; and (f)
trading information.
    (5) For initial and continued listing, the Fund will be in
compliance with Rule 10A-3 under the Exchange Act,\24\ as provided by
NYSE Arca Equities Rule 5.3.\25\
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    \24\ 17 CFR 240.10A-3.
    \25\ See Notice, supra note 5, 78 FR at 12112.
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    (6) The Fund will not invest in non-U.S. equity securities other
than through ADRs and GDRs.
    (7) The Fund will not invest in options, futures or swaps.
    (8) The Fund's investments will be consistent with its respective
investment objective and will not be used to enhance leverage.
    (9) The Fund may hold up to an aggregate amount of 15% of its net
assets in illiquid securities (calculated at the time of investment),
including Rule 144A securities.
    (10) The Fund will not loan its securities if, as a result, the
aggregate amount of all outstanding securities loans by the Fund
exceeds 33 \1/3\% of its total assets (including the market value of
collateral received).
    (11) A minimum of 100,000 Shares for the Fund will be outstanding
at the

commencement of trading on the Exchange.

This order is based on the Exchange's representations.

    For the forgoing reasons, the Commission believes the Exchange's
proposal to list and trade the Shares is consistent with the Exchange
Act.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Exchange Act,\26\ that the proposed rule change (SR-NYSEArca-2013-14),
as modified by Amendment No. 1, be, and it hereby is, approved.
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    \26\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
Kevin M. O'Neill,
Deputy Secretary.
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    \27\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2013-07723 Filed 4-2-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: June 12, 2008 (Volume 73, Number 114)]
[Rules and Regulations]
[Page 33311-33313]
[DOCID:fr12jn08-15]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-8027]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies communities, where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP), that are scheduled for suspension on the effective
dates listed within this rule because of noncompliance with the
floodplain management requirements of the program. If the Federal
Emergency Management Agency (FEMA) receives documentation that the
community has adopted the required floodplain management measures prior
to the effective suspension date given in this rule, the suspension
will not occur and a notice of this will be provided by publication in
the Federal Register on a subsequent date.

DATES: Effective Dates: The effective date of each community's
scheduled suspension is the third date (``Susp.'') listed in the third
column of the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact David Stearrett, Mitigation Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
flood insurance which is generally not otherwise available. In return,
communities agree to adopt and administer local floodplain management
aimed at protecting lives and new construction from future flooding.
Section 1315 of the National Flood Insurance Act of 1968, as amended,
42 U.S.C. 4022, prohibits flood insurance coverage as authorized under
the NFIP, 42 U.S.C. 4001 et seq., unless an appropriate public body
adopts adequate floodplain management measures with effective
enforcement measures. The communities listed in this document no longer
meet that statutory requirement for compliance with program
regulations, 44 CFR part 59. Accordingly, the communities will be
suspended on the effective date in the third column. As of that date,
flood insurance will no longer be available in the community. However,
some of these communities may adopt and submit the required
documentation of legally enforceable floodplain management measures
after this rule is published but prior to the actual suspension date.
These communities will not be suspended and will continue their
eligibility for the sale of insurance. A notice withdrawing the
suspension of the communities will be published in the Federal
Register.
    In addition, FEMA has identified the Special Flood Hazard Areas
(SFHAs) in these communities by publishing a Flood Insurance Rate Map
(FIRM). The date of the FIRM, if one has been published, is indicated
in the fourth column of the table. No direct Federal financial
assistance (except assistance pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act not in connection with a
flood) may legally be provided for construction or acquisition of
buildings in identified SFHAs for communities not participating in the
NFIP and identified for more than a year, on FEMA's initial flood
insurance map of the community as having flood-prone areas (section
202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a),
as amended). This prohibition against certain types of Federal
assistance becomes effective for the communities listed on the date
shown in the last column. The Administrator finds that notice and
public comment under 5 U.S.C. 553(b) are impracticable and unnecessary
because communities listed in this final rule have been adequately
notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance coverage unless an appropriate
public body adopts adequate floodplain management measures with
effective enforcement measures. The communities listed no longer comply
with the statutory requirements, and after the effective date, flood
insurance will no longer be available in the communities unless
remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

0
Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for part 64 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.

Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                 Effective date
                                                 authorization/
                                   Community    cancellation of    Current effective map   Date certain Federal
       State and location             No.        sale of flood             date            assistance no longer
                                                  insurance in                              available in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
           Region II

New York: Jewett, Town of,             361114  May 13, 1980,      May 16, 2008..........  May 16, 2008.
 Greene County                                  Emerg; April 4,
                                                1983, Reg; May
                                                16, 2008, Susp.

           Region IV

Florida: MacClenny, City of,           120590  June 20, 1980,     June 17, 2008.........  June 17, 2008.
 Baker County                                   Emerg; February
                                                1, 1987, Reg;
                                                June 17, 2008,
                                                Susp.

            Region V

Ohio:
    Bexley, City of, Franklin          390168  November 21,       ......do*.............   Do.
     County.                                    1973, Emerg;
                                                November 15,
                                                1978, Reg; June
                                                17, 2008, Susp.
    Columbus, City of, Franklin        390170  May 21, 1971,      ......do..............   Do.
     County.                                    Emerg; July 5,
                                                1983, Reg; June
                                                17, 2008, Susp.
    Dublin, City of, Franklin          390673  June 21, 1974,     ......do..............   Do.
     County.                                    Emerg; June 4,
                                                1980, Reg; June
                                                17, 2008, Susp.
    Gahanna, City of, Franklin         390171  May 17, 1973,      ......do..............   Do.
     County.                                    Emerg; August 1,
                                                1983, Reg; June
                                                17, 2008, Susp.
    Grandview Heights, City of,        390172  June 6, 1975,      ......do..............   Do.
     Franklin County.                           Emerg; August
                                                15, 1980, Reg;
                                                June 17, 2008,
                                                Susp.
    Grove City, City of,               390173  October 15, 1974,  ......do..............   Do.
     Franklin County.                           Emerg; May 1,
                                                1984, Reg; June
                                                17, 2008, Susp.
    Hilliard, City of, Franklin        390175  April 10, 1974,    ......do..............   Do.
     County.                                    Emerg; August 1,
                                                1979, Reg; June
                                                17, 2008, Susp.
    Lockbourne, Village of,            390691  September 12,      ......do..............   Do.
     Franklin County.                           1978, Emerg; May
                                                1, 1980, Reg;
                                                June 17, 2008,
                                                Susp.
    Marble Cliff, Village of,          390896  --, Emerg; August  ......do..............   Do.
     Franklin County.                           2, 1995, Reg;
                                                June 17, 2008,
                                                Susp.
    Minerva Park, Village of,          390791  March 21, 1975,    ......do..............   Do.
     Franklin County.                           Emerg; June 15,
                                                1979, Reg; June
                                                17, 2008, Susp.
    Riverlea, Village of,              390692  --, Emerg; June    ......do..............   Do.
     Franklin County.                           9, 1999, Reg;
                                                June 17, 2008,
                                                Susp.
    Upper Arlington, City of,          390178  August 8, 1973,    ......do..............   Do.
     Franklin County.                           Emerg; April 15,
                                                1980, Reg; June
                                                17, 2008, Susp.
    Valleyview, Village of,            390669  April 17, 1974,    ......do..............   Do.
     Franklin County.                           Emerg; June 15,
                                                1979, Reg; June
                                                17, 2008, Susp.
    Westerville, City of,              390179  March 30, 1973,    ......do..............   Do.
     Franklin County.                           Emerg; September
                                                29, 1978, Reg;
                                                June 17, 2008,
                                                Susp.
    Whitehall, City of,                390180  October 7, 1974,   ......do..............   Do.
     Franklin County.                           Emerg; July 18,
                                                1985, Reg; June
                                                17, 2008, Susp.
    Worthington, City of,              390181  February 2, 1973,  ......do..............   Do.
     Franklin County.                           Emerg; August 1,
                                                1980, Reg; June
                                                17, 2008, Susp.
Wisconsin:
    Adams County,                      550001  May 31, 1974,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; November
                                                16, 1990, Reg;
                                                June 17, 2008,
                                                Susp.
    Friendship, Village of,            550003  April 17, 1975,    ......do..............   Do.
     Adams County.                              Emerg; November
                                                16, 1990, Reg;
                                                June 17, 2008,
                                                Susp.

           Region VI

New Mexico:
    Espanola, City of, Santa Fe        350052  April 4, 1975,     ......do..............   Do.
     County.                                    Emerg; February
                                                19, 1986, Reg;
                                                June 17, 2008,
                                                Susp.
    Santa Fe, City of, Santa Fe        350070  February 13,       ......do..............   Do.
     County.                                    1975, Emerg;
                                                July 2, 1980,
                                                Reg; June 17,
                                                2008, Susp.
    Santa Fe County,                   350069  March 25, 1976,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; November
                                                4, 1988, Reg;
                                                June 17, 2008,
                                                Susp.

           Region VII

Nebraska: Taylor, Village of,          310325  October 8, 1976,   May 12, 2008..........  May 16, 2008.
 Loup County                                    Emerg; July 1,
                                                1987, Reg; May
                                                16, 2008, Susp.

            Region X

Oregon:
    Barlow, City of, Clackamas         410013  February 10,       June 17, 2008.........  June 17, 2008.
     County.                                    1976, Emerg; May
                                                5, 1981, Reg;
                                                June 17, 2008,
                                                Susp.
    Canby, City of, Clackamas          410014  May 27, 1975,      ......do..............   Do.
     County.                                    Emerg; June 15,
                                                1984, Reg; June
                                                17, 2008, Susp.
    Clackamas County,                  415588  April 2, 1971,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; March 1,
                                                1978, Reg; June
                                                17, 2008, Susp.
    Damascus, City of,                 410006  --, Emerg; May     ......do..............   Do.
     Clackamas County.                          10, 2007, Reg;
                                                June 17, 2008,
                                                Susp.

    Gladstone, City of,                410017  June 2, 1972,      ......do..............   Do.
     Clackamas County.                          Emerg; March 15,
                                                1977, Reg; June
                                                17, 2008, Susp.
    Happy Valley, City of,             410026  May 28, 1975,      ......do..............   Do.
     Clackamas County.                          Emerg; December
                                                4, 1979, Reg;
                                                June 17, 2008,
                                                Susp.
    Lake Oswego, City of,              410018  March 19, 1974,    ......do..............   Do.
     Clackamas County.                          Emerg; August 4,
                                                1987, Reg; June
                                                17, 2008, Susp.
    Milwaukie, City of,                410019  May 19, 1972,      ......do..............   Do.
     Clackamas County.                          Emerg; June 18,
                                                1980, Reg; June
                                                17, 2008, Susp.
    Oregon City, City of,              410021  June 13, 1974,     ......do..............   Do.
     Clackamas County.                          Emerg; February
                                                15, 1980, Reg;
                                                June 17, 2008,
                                                Susp.
    Rivergrove, City of,               410022  March 3, 1975,     ......do..............   Do.
     Clackamas County.                          Emerg; August 4,
                                                1987, Reg; June
                                                17, 2008, Susp.
    Sandy City, City of,               410023  June 25, 1974,     ......do..............   Do.
     Clackamas County.                          Emerg; December
                                                11, 1979, Reg;
                                                June 17, 2008,
                                                Susp.
    West Linn, City of,                410024  October 20, 1972,  ......do..............   Do.
     Clackamas County.                          Emerg; March 15,
                                                1977, Reg; June
                                                17, 2008, Susp.
    Wilsonville, City of,              410025  April 30, 1975,    ......do..............   Do.
     Clackamas County.                          Emerg; January
                                                6, 1982, Reg;
                                                June 17, 2008,
                                                Susp.
----------------------------------------------------------------------------------------------------------------
 *do=Ditto.
 Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

    Dated: June 6, 2008.
David I. Maurstad,
Assistant Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
 [FR Doc. E8-13192 Filed 6-11-08; 8:45 am]

BILLING CODE 9110-12-P


[Federal Register: May 30, 2006 (Volume 71, Number 103)]
[Notices]
[Page 30676-30677]
[DOCID:fr30my06-64]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2005-0041; FRL-8175-4]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NESHAP for Metal Furniture
Surface Coating (Renewal), EPA ICR Number 1952.03, OMB Control Number
2060-0518

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to renew an
existing approved collection. The ICR which is abstracted below
describes the nature of the information collection and its estimated
burden and cost.

DATES: Additional comments may be submitted on or before June 29, 2006.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2005-0041, to (1) EPA online using http://www.regulations.gov (our preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to: EPA

Docket Center (EPA/DC), Environmental Protection Agency, Enforcement
and Compliance Docket and Information Center, mail code 2201T, 1200
Pennsylvania Avenue, NW., Washington, DC 20460, and (2) OMB at: Office
of Information and Regulatory Affairs, Office of Management and Budget
(OMB), Attention: Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Leonard Lazarus, Compliance Assessment
and Media Programs Division (CAMPD), Office of Compliance, (2223A),
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On May 6, 2005 (70 FR 24020), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to EPA and OMB within 30 days
of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2005-0041, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Enforcement and

Compliance Docket and Information Center in the EPA Docket Center (EPA/
DC), EPA West, Room B102, 1301 Constitution Avenue, NW., Washington,
DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the Reading Room is<PHONE_NUMBER>, and the telephone number for
the Enforcement and Compliance Docket and Information Center Docket is
(202) 566-1514.
    Use EPA's electronic docket and comment system at http://www.regulations.gov
, to submit or view public comments, access the

index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then

key in the docket ID number identified above. Please note that EPA's
policy is that public comments, whether submitted electronically or in
paper, will be made available for public viewing at http://www.regulations.gov
 as EPA receives them and without change, unless the

comment contains copyrighted material, Confidential Business
Information (CBI), or other information whose public disclosure is
restricted by statute. For further information about the electronic
docket, go to http://www.regulations.gov.

    Title: NESHAP for Metal Furniture Surface Coating (Renewal).
    ICR numbers: EPA ICR Number 1952.03, OMB Control Number 2060-0518.
    ICR Status: This ICR is scheduled to expire on May 31, 2006. Under
OMB regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB. 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 OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, and displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: Respondents are owners or operators of metal furniture
surface coating operations. Owners or operators of the affected
facilities described must make initial reports when a source becomes
subject to the standard, conduct and report on a performance test,
demonstrate and report on continuous monitor performance, and maintain
records of the occurrence and duration of any startup, shutdown, or
malfunction in the operation of an affected facility. Semiannual
reports of excess emissions are required. These notifications, reports,
and records are essential in determining compliance; and are required,
in general, of all sources subject to National Emission Standards for
Hazardous Air Pollutants (NESHAP). Any owner or operator subject to the
provisions of this part shall maintain a file of these measurements,
and retain the file for at least five years following the date of such
measurements, maintenance reports, and records. All reports are sent to
the delegated state or local authority. In the event that there is no
such delegated authority, the reports are sent directly to the EPA
regional office.
    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 OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9 and are identified on
the form and/or instrument, if applicable.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 109
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Owners or operators of metal
furniture surface coating operations.
    Estimated Number of Respondents: 583.
    Frequency of Response: Initially, Semiannually, On Occasion.
    Estimated Total Annual Hour Burden: 190,408.
    Estimated Total Annual Cost: $16,826,797, which includes $0
annualized capital startup costs, $700,000 annualized O&M costs, and
$16,126,797 annualized labor costs.
    Changes in the Estimates: There is an increase of 144,736 hours in
the total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. The increase in burden reflects the need for
facilities to fully comply with the rule requirements. The increase in
O&M costs is due to maintenance of equipment used to verify compliance
with the rule requirements.

    Dated: May 17, 2006.
Oscar Morales,
Director, Collection Strategies Division.
 [FR Doc. E6-8304 Filed 5-26-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Notices]
[Pages 44435-44436]
[FR Doc No: 2017-20191]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3388-EM; Docket ID FEMA-2017-0001]

Seminole Tribe of Florida; Emergency and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of an
emergency for the Seminole Tribe of Florida (FEMA-3388-EM), dated
September 8, 2017, and related determinations.

DATES: The declaration was issued September 8, 2017.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated September 8, 2017, 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 the lands
associated with the Seminole Tribe of Florida resulting from
Hurricane Irma beginning on September 4, 2017, 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 for the
Seminole Tribe of Florida and associated lands.
    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 debris removal and emergency
protective measures (Categories A and B), including direct Federal
assistance, under the Public Assistance program.
    Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

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

    The Seminole Tribe of Florida and associated lands for debris
removal and emergency protective measures (Categories A and B),
including 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. 2017-20191 Filed 9-21-17; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register: September 16, 2010 (Volume 75, Number 179)]
[Rules and Regulations]
[Page 56469-56471]
[DOCID:fr16se10-2]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0723]
RIN 1625-AA00

Safety Zone; Ohio River, Wheeling, WV, Wheeling Heritage Port
Sternwheel Foundation Fireworks Display

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone from Mile Marker
90.2 to Mile Marker 90.5 on the Ohio River extending the full width of
the river. The safety zone is needed to protect spectators and marine
traffic during the Wheeling Heritage Port Sternwheel Foundation
fireworks display. Entry into the safety zone is prohibited, unless
specifically authorized by the Captain of the Port Pittsburgh or a
designated representative.

DATES: This rule is effective from September 18, 2010 through September
19, 2010.

ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket USCG-2010-0723 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0723 in the
``Keyword'' box, and then clicking ``Search.'' This material is also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail ENS Robyn Hoskins, Marine Safety Unit
Pittsburgh, Coast Guard; telephone<PHONE_NUMBER> Ext. 2140, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM).
A NPRM would be impracticable with respect to this rule because
immediate action is needed to protect spectators and marine traffic
during the Wheeling Heritage Port Sternwheel Foundation fireworks
display that will occur in the city of Wheeling, WV.
    Under 5 U.S.C. 553 (d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date would
be impracticable and contrary to public interest because immediate
action is needed to protect spectators and marine traffic during the
Wheeling Heritage Port Sternwheel Foundation fireworks display.

Basis and Purpose

    The Coast Guard is establishing a safety zone from Mile Marker 90.2
to Mile Marker 90.5 on the Ohio River extending the full width of the
river. The safety zone is needed to protect spectators and marine
traffic during the Wheeling Heritage Port Sternwheel Foundation
fireworks display.

Discussion of Rule

    Vessels shall not enter into, depart from, or move within the
safety zone without permission from the Captain of the Port Pittsburgh
or his authorized representative. Persons or vessels requiring entry
into or passage through the safety zone must request permission from
the Captain of the Port Pittsburgh, or a designated representative.
They may be contacted on VHF-FM Channel 13 or 16, or through Coast
Guard Sector Ohio Valley at 1-800-253-7465. This safety zone will be
enforced from 8:45 p.m. to 10:15 p.m. on September 18, 2010. In the
event of rain, this safety zone will be enforced from 8:45 p.m. to
10:15 p.m. on September 19, 2010. The Captain of the Port Pittsburgh
will inform the public through broadcast notices to mariners of the
enforcement period for the safety zone as well as any changes in the
planned schedule.

Regulatory Analyses

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

based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. We expect the economic impact of this
proposed rule to be so minimal that a full Regulatory Assessment is
unnecessary. This rule will only be in effect for a short period of
time and notifications to the marine community will be made through
broadcast notice to mariners. The impacts on routine navigation are
expected to be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to transit that portion of the waterways from Mile Marker
90.2 to Mile Marker 90.5 on the Ohio River extending the full width of
the, from 8:45 p.m. to 10:15 p.m. The safety zone will not have a
significant economic impact on a substantial number of small entities
for the following reasons. This safety zone would be activated, and
thus subject to enforcement, for only a short period of time and during
a time period where vessel traffic is low. Before activation of the
safety zone, we would issue maritime advisories widely available to
users of the rivers.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969

(NEPA) (42 U.S.C. 4321-4370f), and have concluded this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule is categorically
excluded, under figure 2-1, paragraph (34)(g), of the Instruction. This
rule involves establishing, disestablishing, or changing Regulated
Navigation Areas and security or safety zones.
    An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS.

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0723 to read as follows:

Sec.  165.T08-0723  Wheeling Heritage Port Sternwheel Foundation
fireworks display, Ohio River, Pittsburgh, PA.

    (a) Location. All waters of the Ohio River, from surface to bottom,
from Mile Marker 90.2 to Mile Marker 90.5 on the Ohio River, extending
the width of the river. These markings are based on the USACE's Ohio
River Navigation Charts (Chart 1, January 2000).
    (b) Effective period. This section is effective from 8:45 p.m.
through 10:15 p.m. on September 18, 2010 (rain date September 19,
2010).
    (c) Periods of Enforcement. This section will be enforced from 8:45
p.m. through 10:15 p.m. on September 18, 2010 (rain date September 19,
2010). The Captain of the Port Pittsburgh or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the safety zone as well as any
changes in the planned schedule.
    (d) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of
this part, entry into this zone is prohibited unless authorized by the
Captain of the Port Pittsburgh.
    (2) Persons or vessels requiring entry into, departure from, or
passage through a safety zone must request permission from the Captain
of the Port Pittsburgh or a designated representative. They may be
contacted on VHF-FM Channel 13 or 16, or through Coast Guard Sector
Ohio Valley at 1-800-253-7465.
    (3) All persons and vessels shall comply with the instructions of
the Captain of the Port Pittsburgh and designated on-scene U.S. Coast
Guard patrol personnel. On-scene U.S. Coast Guard patrol personnel
includes Commissioned, Warrant, and Petty Officers of the U.S. Coast
Guard.

    Dated: August 16, 2010.
S.T. Higman,
Lieutenant Commander, U.S. Coast Guard, Acting, Captain of the Port
Pittsburgh.
[FR Doc. 2010-23178 Filed 9-15-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 48 (Thursday, March 12, 2015)]
[Notices]
[Pages 13009-13011]
[FR Doc No: 2015-05591]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0253]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Postmarketing Adverse Drug Experience Reporting and
Recordkeeping Biological Products

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on the information collection
provisions of FDA's postmarketing adverse drug experience reporting and
recordkeeping requirements.

DATES: Submit either electronic or written comments on the collection
of information by May 11, 2015.

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

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal

Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Postmarketing Adverse Drug Experience Reporting (OMB Control Number
0910-0230)--(Extension)

    Sections 201, 502, 505, and 701 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321, 352, 355, and 371) require that marketed
drugs be safe and effective. In order to know whether drugs that are
not safe and effective are on the market, FDA must be promptly informed
of adverse experiences associated with the use of marketed drugs. In
order to help ensure this, FDA issued regulations at Sec. Sec.  310.305
and 314.80 (21 CFR 310.305 and 314.80) to impose reporting and
recordkeeping requirements on the drug industry that would enable FDA
to take the action necessary to protect the public health from adverse
drug experiences.
    All applicants who have received marketing approval of drug
products are required to report to FDA serious, unexpected adverse drug
experiences (``15-day Alert reports''), as well as follow up reports
(Sec.  314.80(c)(1)). This includes reports of all foreign or domestic
adverse experiences as well as those based on information from
applicable scientific literature and certain reports from postmarketing
studies. Section 314.80(c)(1)(iii) pertains to such reports submitted
by non-applicants.
    Under Sec.  314.80(c)(2), applicants must provide periodic reports
of adverse drug experiences. A periodic report includes, for the
reporting interval, reports of serious, expected adverse drug
experiences and all nonserious adverse drug experiences and an index of
these reports, a narrative summary and analysis of adverse drug
experiences, an analysis of the 15-day Alert reports submitted during
the reporting interval, and a history of actions taken because of
adverse drug experiences. Under Sec.  314.80(i), applicants must keep
for 10 years records of all adverse drug experience reports known to
the applicant.
    For marketed prescription drug products without approved new drug
applications or abbreviated new drug applications, manufacturers,
packers, and distributors are required to report to FDA serious,
unexpected adverse drug experiences as well as follow-up reports (Sec.
310.305(c)). Section 310.305(c)(5) pertains to the submission of
follow-up reports to reports forwarded to the manufacturers, packers,
and distributors by FDA. Under Sec.  310.305(f), each manufacturer,
packer, and distributor shall maintain for 10 years records of all
adverse drug experiences required to be reported.
    The primary purpose of FDA's adverse drug experience reporting
system is to enable identification of signals for potentially serious
safety problems with marketed drugs. Although premarket testing
discloses a general safety profile of a new drug's comparatively common
adverse effects, the larger and more diverse patient populations
exposed to the marketed drug provide the opportunity to collect
information on rare, latent, and long-term effects. Signals are
obtained from a variety of sources, including reports from patients,
treating physicians, foreign regulatory agencies, and clinical
investigators. Information derived from the adverse drug experience
reporting system contributes directly to increased public health
protection because the information enables FDA to make important
changes to the product's labeling (such as adding a new warning),
decisions about risk evaluation and mitigation strategies or the need
for postmarket studies or clinical trials, and when necessary, to
initiate removal of a drug from the market.
    Respondents to this collection of information are manufacturers,
packers, distributors, and applicants. The following estimates are
based on FDA's knowledge of adverse drug experience reporting,
including the time needed to prepare the reports, and the number of
reports submitted to the Agency.
    FDA estimates the burden of this collection of information as
follows:

                                                   Table 1--Estimated Annual Reporting Burden \1\ \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                      21 CFR section                           Number of        responses per       Total annual      Average burden      Total hours
                                                              respondents         respondent         responses         per response
--------------------------------------------------------------------------------------------------------------------------------------------------------
310.305(c)(5)............................................                  3                  1                  3                  1                  3
314.80(c)(1)(iii)........................................                  5                  1                  5                  1                  5
314.80(c)(2).............................................                724              19.33             13,996                 60            839,760
                                                          ----------------------------------------------------------------------------------------------
    Total................................................  .................  .................  .................  .................            839,768
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The reporting burden for Sec.   310.305(c)(1), (c)(2), and (c)(3), and Sec.   314.80(c)(1)(i) and (c)(1)(ii) is covered under OMB Control No. 0910-
  0291.
\2\ The capital costs or operating and maintenance costs associated with this collection of information are approximately $25,000 annually.

>

                                                 Table 2--Estimated Annual Recordkeeping Burden \1\ \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Number of      Number of records     Total annual      Average burden
                      21 CFR section                         recordkeepers     per recordkeeper       records       per recordkeeping     Total hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
310.305(f)...............................................                 25                  1                 25                 16                400
314.80(i)................................................                724                508            367,959                 16          5,887,344
                                                          ----------------------------------------------------------------------------------------------
    Total................................................  .................  .................  .................  .................          5,887,744
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating costs associated with this collection of information.
\2\ There are maintenance costs of approximately $22,000 annually.

    Dated: March 6, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-05591 Filed 3-11-15; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 78, Number 178 (Friday, September 13, 2013)]
[Rules and Regulations]
[Pages 56601-56603]
[FR Doc No: 2013-21672]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0270; Directorate Identifier 2011-NM-113-AD;
Amendment 39-17570; AD 2013-17-06]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all
Fokker Services B.V. Model F.27 Mark 050 airplanes, and Model F.28 Mark
0070 and 0100 airplanes. This AD was prompted by reports of loose nuts
on contactors in the electrical power center (EPC), and in some cases,
burned contactors. This AD requires inspecting and, if necessary,
adjusting, the torque values of nuts on circuit breakers, contactors,
and terminal blocks of the EPC and battery relay panel. This AD also
requires inspecting to determine if certain parts are installed, and
installing the parts if necessary. We are issuing this AD to detect and
correct loose nuts, which could result in arcing and potentially an
onboard fire, possibly resulting in damage to the airplane and injury
to occupants or maintenance personnel.

DATES: This AD becomes effective October 18, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 18,
2013.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West

Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1137; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to
amend 14 CFR part 39 to include an AD that would apply to the specified
products. The SNPRM published in the Federal Register on February 5,
2013 (78 FR 8058). We preceded the SNPRM with a notice of proposed
rulemaking (NPRM), which published in the Federal Register on March 21,
2012 (77 FR 16486). The NPRM and the SNPRM both proposed to correct an
unsafe condition for the specified products.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, issued EASA
Airworthiness Directive 2012-0050, dated March 27, 2012 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    In December 1989, Fokker issued Service Bulletin (SB) SBF50-24-
A013 and SBF100-24-A011 (both Alert Bulletins) to instruct operators
to inspect and adjust several torque values of bus bars and
contactors in the EPC. The Civil Aviation Authority of The
Netherlands (CAA-NL, formerly RLD) issued AD (BLA) 89-159 and BLA
89-157 respectively (both now at issue 2), to require operators of
the affected aeroplanes to comply with the instructions of these
SB's.
    Since those [Dutch] ADs were issued, several operators reported
finding loose nuts on contactors in the EPC of Fokker 50/60
aeroplanes in post-SBF50-24-A013 configuration and on Fokker 70/100
aeroplanes in post-SBF100-24-A011 configuration. In some cases, the
findings included damaged (burned) contactors.
    This condition, if not detected and corrected, could lead to
arcing and, in combination with other factors, to an on-board fire,
possibly resulting in damage to the aeroplane and injury to
occupants or maintenance personnel. EASA issued AD 2011-0083
[referenced in the earlier FAA NPRM (77 FR 16486, March 21, 2012)]
to address this unsafe condition.
    After that [EASA] AD was issued, it was noticed that terminal
block TB4906A, used in some Fokker 100 aeroplanes, was missing from
the list of affected terminal blocks, as specified in Fokker SBF100-
24-043. To correct this oversight, Fokker Services issued Revision 1
of SBF100-24-043, adding terminal block TB4906A.
    For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2011-0083, which is superseded, and for F28
Mark 0100 aeroplanes, adds required action for the missing terminal
block TB4906A by making reference to SBF100-24-043 Revision 1.

    The required actions include doing a general visual inspection to
determine if either the lock washer, flat washer and nut, or locking
nut and flat washer are installed; installing a new lock washer or
self-locking nut, if necessary; and applying torque inspection lacquer.
You may obtain further information by examining the MCAI in the AD
docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the SNPRM (78 FR 8058, February 5,
2013) or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed--except for
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
SNPRM (78 FR 8058, February 5, 2013) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the SNPRM (78 FR 8058, February 5, 2013).

Costs of Compliance

    We estimate that this AD will affect about 4 products of U.S.
registry. We also estimate that it will take about 5 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of this AD to the U.S. operators to be $1,700, or $425 per
product.
    In addition, we estimate that any necessary follow-on actions would
take about 4 work-hours and require parts costing $25, for a cost of
$365 per product. We have no way of determining the number of products
that may need these actions.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the MCAI, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:
2013-17-06 Fokker Services B.V.: Amendment 39-17570. Docket No. FAA-
2012-0270; Directorate Identifier 2011-NM-113-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective October 18,
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Fokker Services B.V. Model F.27 Mark 050
airplanes, and Model F.28 Mark 0070 and 0100 airplanes, certificated
in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 24, Electric
power.

(e) Reason

    This AD was prompted by reports of loose nuts on contactors in
the electrical power center (EPC), and in some cases, burned
contactors. We are issuing this AD to detect and correct loose nuts,
which could result in arcing and potentially an onboard fire,
possibly resulting in damage to the airplane and injury to occupants
or maintenance personnel.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Actions

    Within 24 months after the effective date of this AD, do the
actions specified in paragraphs (g)(1), (g)(2), and (g)(3) of this
AD.
    (1) Do a torque check of the nuts and circuit breakers,
contactors, and terminal blocks of the EPC and battery relay panel,
as applicable; and do all applicable adjustments of the torque
values; in accordance with the Accomplishment Instructions of Fokker
Service Bulletin SBF50-24-032, dated February 10, 2011 (for Model
F.27 Mark 050 airplanes); or the Accomplishment Instructions of
Fokker Service Bulletin SBF100-24-043, Revision 1, dated December
15, 2011 (for Model F.28 Mark 0070 and 0100 airplanes). Do all
applicable adjustments before further flight.
    (2) Do a general visual inspection of the contacts and nuts on
circuit breakers, contactors, and terminal blocks of the EPC and
battery relay panel to determine if either the lock washer, flat
washer and nut, or locking nut and flat washer are installed; and do
all applicable installations; in accordance with the Accomplishment
Instructions of Fokker Service Bulletin SBF50-24-032, dated February
10, 2011 (for Model F.27 Mark 050 airplanes); or the Accomplishment
Instructions of Fokker Service Bulletin SBF100-24-043, Revision 1,
dated December 15, 2011 (for Model F.28 Mark 0070 and 0100
airplanes). Do all applicable installations before further flight.
    (3) Before further flight, after accomplishing any check
required by paragraph (g)(1) of this AD or any inspection required
by paragraph (g)(2) of this AD: Apply torque inspection lacquer, in
accordance with the Accomplishment Instructions of Fokker Service
Bulletin SBF50-24-032, dated February 10, 2011 (for Model F.27 Mark
050 airplanes); or the Accomplishment Instructions of Fokker Service
Bulletin SBF100-24-043, Revision 1, dated December 15, 2011 (for
Model F.28 Mark 0070 and 0100 airplanes).

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be emailed to:
<EMAIL_ADDRESS>Before using any approved AMOC,
notify your appropriate principal inspector, or lacking a principal
inspector, the manager of the local flight standards district
office/certificate holding district office. The AMOC approval letter
must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(i) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
European Aviation Safety Agency Airworthiness Directive 2012-0050,
dated March 27, 2012, for related information, which can be found in
the AD docket on the Internet at http://www.regulations.gov.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Fokker Service Bulletin SBF50-24-032, dated February 10,
2011.
    (ii) Fokker Service Bulletin SBF100-24-043, Revision 1, dated
December 15, 2011.
    (3) For service information identified in this AD, contact
Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150
AE Nieuw-Vennep, the Netherlands; telephone +31 (0)252-627-350; fax
+31 (0)252-627-211; email
<EMAIL_ADDRESS>Internet http://www.myfokkerfleet.com.
    (4) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 16, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-21672 Filed 9-12-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 51 (Friday, March 15, 2013)]
[Notices]
[Page 16495]
[FR Doc No: 2013-06062]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR13-39-000]

Bay Gas Storage, LLC; Notice of Filing

    Take notice that on February 28, 2013, Bay Gas Storage, LLC filed
pursuant to Section 12.2.4 of its Statement of Operating Conditions to
revise its Company Use Percentage as more fully described in the
filing.
    Any person desiring to participate in this rate filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    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 7 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line 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 email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on Monday, March 18, 2013.

    Dated: March 11, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-06062 Filed 3-14-13; 8:45 am]
BILLING CODE 6717-01-P