[Federal Register Volume 82, Number 208 (Monday, October 30, 2017)]
[Notices]
[Pages 50203-50205]
[FR Doc No: 2017-23487]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81937; File No. SR-BatsEDGX-2017-40]

Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To Make
Technical Corrections to Its Second Amended and Restated Certificate of
Incorporation

October 24, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 13, 2017, Bats EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange seeks to amend its Second Amended and Restated
Certificate of Incorporation. The text of the proposed rule change is
provided below.

(additions are italicized; deletions are [bracketed])
* * * * *
Second Amended and Restated Certificate of Incorporation of Bats EDGX
Exchange, Inc.
    The name of the corporation is Bats EDGX Exchange, Inc. The
corporation filed its original Certificate of Incorporation with the
Secretary of State of the State of Delaware on March 9, 2009 under the
name EDGX Exchange, Inc. This Second Amended and Restated Certificate
of Incorporation of the corporation, which restates and integrates and
also further amends the provisions of the corporation's Restated
Certificate of Incorporation, was duly adopted in accordance with the
provisions of Sections 242 and 245 of the General Corporation Law of
the State of Delaware and by the written consent of its sole
stockholder in accordance with Section 228 of the General Corporation
Law of the State of Delaware. The [Second Amended and] Restated
Certificate of Incorporation of the corporation is hereby amended,
integrated and restated to read in its entirety as follows:
* * * * *
    The text of the proposed rule change is available at the Exchange's
Web site at www.bats.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    EDGX recently amended its Restated Certificate of Incorporation in
connection with a corporate transaction (the ``Transaction'')
involving, among other things, the recent acquisition of EDGX, along
with Bats BYX Exchange, Inc. (``Bats BYX''), Bats BZX Exchange, Inc.
(``Bats BZX''), and Bats EDGA Exchange, Inc. (``Bats EDGA'' and,
together with Bats EDGX, Bats BYX, and Bats BZX, the ``Bats
Exchanges'') by CBOE Holdings, Inc. (``CBOE Holdings''). CBOE Holdings
is also the parent of Chicago Board Options Exchange, Incorporated
(``CBOE'') and C2 Options Exchange, Incorporated (``C2'').
Particularly, the filing proposed, among other things, to amend and
restate the certificate of incorporation of the Exchange based on
certificates of incorporation of CBOE and C2.\3\ The Exchange notes
that in conforming the Exchange's Certificate to the certificates of
CBOE and C2, it inadvertently (1) did not comply with a provision of
Delaware law and (ii) referred to an inaccurate version of the
Certificate in the introductory paragraph. The Exchange seeks to
correct those errors.
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    \3\ See Securities Exchange Act Release No. 81503 (August 30,
2017), 82 FR 42153 (September 6, 2017) (SR-BatsEDGX-2017-35).
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    Particularly, Section 245(c) of the Delaware General Corporation
Law (DGCL) requires that a restated certificate of incorporation
``shall state, either in its heading or in an introductory paragraph,
the corporation's present name, and, if it has been changed, the name
under which it was originally incorporated, and the date of filing of
its original certificate of incorporation with the secretary of
state.'' The Exchange notes that the conformed Certificate did not
reference the name under which the corporation was originally
incorporated (i.e., ``EDGX Exchange, Inc.''). In order to comply with
Section 245(c) of the DGCL, the Exchange proposes to amend its
Certificate to add a reference to its original name.

    The Exchange also notes that it inadvertently did not reference the
correct version of the Certificate in two places in the introductory
paragraph. Particularly, the Exchange notes that the third sentence of
the introductory paragraph provides that the Second Amended and
Restated Certificate of Incorporation of the corporation restated and
integrated and also further amended the provisions of the corporation's
``Certificate of Incorporation'' instead of the then current (and now
previous) version titled, ``Restated Certificate of Incorporation''.
Additionally, the last sentence of the introductory paragraph which
provides that the current certificate is ``amended, integrated and
restated to read in its entirety as follows:'' mistakenly references
the new title of the amended Certificate (i.e., ``Second Amended and
Restated Certificate of Incorporation'') instead of the title of the
then current (and now previous) Certificate (``Restated Certificate of
Incorporation''). As such, the Exchange proposes to add ``Restated'' to
the third sentence and eliminate the new title reference ``Second
Amended and'' from the last sentence to accurately reflect the correct
version of the Certificate that was amended and restated.
    The Exchange notes that the proposed changes are concerned solely
with the administration of the Exchange and do not affect the meaning,
administration, or enforcement of any rules of the Exchange or the
rights, obligations, or privileges of Exchange members or their
associated persons is [sic] any way.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\4\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \5\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, 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. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \6\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
    \6\ Id.
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    In particular, the Exchange believes correcting inadvertent non-
substantive, technical errors in its Certificate in order to comply
with Delaware law and reflect the correct and accurate version of the
Certificate that was amended will avoid potential confusion, thereby
removing impediments to, and perfecting the mechanism for a free and
open market and a national market system, and, in general, protecting
investors and the public interest of market participants. As noted
above, the proposed changes do not affect the meaning, administration,
or enforcement of any rules of the Exchange or the rights, obligations,
or privileges of Exchange members or their associated persons is any
way.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe the proposed rule change will impose
any burden on competition not necessary or appropriate in furtherance
of the purposes of the Act. Rather, the proposed rule change is merely
attempting to correct inadvertent technical errors in the Exchange's
introductory paragraph of its Certificate. The proposed rule change has
no impact on competition.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \7\ and paragraph (f) of Rule 19b-4 \8\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-BatsEDGX-2017-40 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BatsEDGX-2017-40. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-BatsEDGX-2017-40 and should
be submitted on or before November 20, 2017.
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    \9\ 17 CFR 200.30-3(a)(12).

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    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-23487 Filed 10-27-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 220 (Tuesday, November 15, 2011)]
[Notices]
[Pages 70809-70811]
[FR Doc No: 2011-29276]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Passenger Facility Charge (PFC) Approvals and
Disapprovals

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Monthly Notice of PFC Approvals and Disapprovals. In September
2011, there were four applications approved. This notice also includes
information on three applications, approved in August 2011,
inadvertently left off the August 2011 notice. Additionally, 11
approved amendments to previously approved applications are listed.

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SUMMARY: The FAA publishes a monthly notice, as appropriate, of PFC
approvals and disapprovals under the provisions of the Aviation Safety
and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget
Reconciliation Act of 1990) (Pub. L. 101-508) and Part 158 of the
Federal Aviation Regulations (14 CFR Part 158). This notice is
published pursuant to paragraph d of Sec.  158.29.

PFC Applications Approved

    Public Agency: Metropolitan Nashville Airport Authority, Nashville,
Tennessee.
    Application Number: 11-17-C-00-BNA.
    Application Type: Impose and use a PFC.
    PFC Level: $3.00.
    Total PFC Revenue Approved in this Decision: $2,500,000.
    Earliest Charge Effective Date: January 1, 2017.
    Estimated Charge Expiration Date: March 1, 2017.
    Class of Air Carriers Not Required To Collect PFC's:
    Air taxi operators that have less than one percent of passenger
boardings, enplane less than 25,000 passengers per year, and/or provide
unscheduled service at Nashville International Airport (BNA).
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the approved
class accounts for less than 1 percent of the total annual enplanements
at BNA.
    Brief Description of Projects Approved for Collection and Use:

Reconstruct taxiway Kilo.
Light emitting diode taxiway lighting upgrade 2L.
Pavement condition index airfield inspection.

    Brief Description of Withdrawn Projects:
    Safety management study.
    Date of withdrawal: May 20, 2011.
    Disparity study.
    Date of withdrawal: August 23, 2011.
    Decision Date: August 24, 2011.
    For Further Information Contact: Cynthia Wills, Memphis Airports
District Office,<PHONE_NUMBER>.

    Public Agency: Reno-Tahoe Airport Authority, Reno, Nevada.
    Application Number: 11-11-C-00-RNO.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in this Decision: $25,491,376.
    Earliest Charge Effective Date: October 1, 2013.
    Estimated Charge Expiration Date: April 1, 2017.
    Classes of Air Carriers Not Required To Collect PFC's:
    (1) Nonscheduled/on demand air carriers filing FAA Form 1800-31;
(2) commuter or small certificated air carriers filing Department of
Transportation (DOT) Form T-100; and (3) foreign air carriers filing
DOT Form T-100(f).
    Determination: Approved. Based on information contained in the
public

agency's application, the FAA has determined that each of the approved
classes accounts for less than 1 percent of the total annual
enplanements at Reno/Tahoe International Airport.
    Brief Description of Project Approved for Collection and Use at a
$4.50 PFC Level: Centralized security checkpoint.
    Brief Description of Projects Approved for Collection and Use at a
$3.00 PFC Level:

    Snow removal equipment building.
    Sand storage building.
    Central disposal facility upgrade.
    Brief Description of Projects Partially Approved for Collection and
Use at a $3.00 PFC Level: Geographical information system.
    Determination: Partially approved. Certain project components were
determined to be ineligible.
    Taxiway C extension.
    Determination: Partially approved. The public agency requested that
the project be funded only with PFC revenue in the PFC application and
later submitted an application for an Airport Improvement Program (AIP)
grant to partially fund the same project. Therefore, the approved FAA
amount was limited to that portion of the cost not included in the AIP
grant application.
    Decision Date: August 29, 2011.
    For Further Information Contact: Gretchen Kelly, San Francisco
Airports District Office,<PHONE_NUMBER>, extension 623.

    Public Agency: City of Chicago, Illinois.
    Application Number: 11-25-C-00-ORD.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in this Decision: $90,787,103.
    Earliest Charge Effective Date: February 1, 2038.
    Estimated Charge Expiration Date: December 1, 2038.
    Class of Air Carriers Not Required To Collect PFC's: Air taxi.
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the approved
class accounts for less than 1 percent of the total annual enplanements
at Chicago O'Hare International Airport.
    Brief Description of Projects Approved for Collection and Use at a
$4.50 PFC Level:
    Development of non-exclusive use gates and related terminal
facilities.
    Renovation of concourse L terminal facilities.
    Reimbursement for prior development of common use gate and related
terminal facilities in concourse E.
    Decision Date: August 31, 2011.
    For Further Information Contact: Amy Hanson, Chicago Airports
District Office,<PHONE_NUMBER>.
    Public Agency: City of Durango and County of La Plata, Durango,
Colorado.
    Application Number: 11-07-C-00-DRO.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in this Decision: $953,500.
    Earliest Charge Effective Date: November 1, 2011.
    Estimated Charge Expiration Date: August 1, 2012.
    Class of Air Carriers Not Required To Collect PFC's: None.
    Brief Description of Projects Approved for Collection and Use:
    Replace security access control system.
    Replace runway weather information system, runway 3/21.
    Rehabilitate commercial parking apron.
    Conduct wildlife hazard assessment.
    Rehabilitate taxiway A from A5 to and including A6.
    Purchase snow removal equipment carrier vehicle.
    Brief Description of Disapproved Project: Terminal seating.
    Determination: Disapproved. This project is ineligible as a stand-
alone project.
    Decision Date: September 1, 2011.
    For Further Information Contact: Chris Schaffer, Denver Airports
District Office,<PHONE_NUMBER>.

    Public Agency: Roanoke Regional Airport Commission, Roanoke,
Virginia.
    Application Number: 11-04-C-00-ROA.
    Application Type: Impose and use a PFC.
    PFC Level: $4.50.
    Total PFC Revenue Approved in this Decision: $4,279,550.
    Earliest Charge Effective Date: January 1, 2013.
    Estimated Charge Expiration Date: March 1, 2016.
    Classes of Air Carriers Not Required to Collect PFC's:
    (1) Air carriers operating under Part 135 or Part 298 on an on-
demand, nonscheduled, whole plane charter basis; and (2) air taxi/air
charter operators filing FAA Form 1800-31.
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that each approved
class accounts for less than 1 percent of the total annual enplanements
at Roanoke Regional Airport.
    Brief Description of Projects Approved for Collection and Use:
    Remove obstructions in runway protection zone, runway 6.
    Upgrade/expand terminal electrical and communication systems.
    Upgrade terminal heating, ventilation, and air conditioning system
and cooling tower.
    Replace flight information display and intercom systems.
    Replace terminal fire alarm system.
    Demolition of building no. 7 for general aviation development.
    Retrofit three jet bridges for regional jet adaptors.
    Replace terminal roof--phase 1.
    Install security improvements and barricades.
    Modify screening checkpoint for additional portal.
    Acquire land for runway protection zone, runway 6.
    Conduct wildlife hazard study.
    PEG program formulation.
    Annual PFC administrative costs.
    Decision Date: September 6, 2011.
    For Further Information Contact: Jeffery Breeden, Washington
Airports District Office,<PHONE_NUMBER>.
    Public Agency: County of Milwaukee, Milwaukee, Wisconsin.
    Application Number: 11-16-C-00-MKE.
    Application Type: Impose and use a PFC.
    PFC Level: $3.00.
    Total PEG Revenue Approved in This Decision: $28,971,429.
    Earliest Charge Effective Date: August 1, 2022.
    Estimated Charge Expiration Date: January 1, 2024.
    Class of Air Carriers Not Required To Collect PFC's: Air taxi/
commercial operators filing FAA Form 1800-31.
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the approved
class accounts for less than 1 percent of the total annual enplanements
at General Mitchell International Airport.
    Brief Description of Projects Approved for Collection and Use:
    Noise barrier study.
    Concourse E ground power and preconditioned air units.
    Perimeter and aircraft rescue and firefighting road
reconfiguration, construction.
Runways 1U19R and 7R/25L intersection repaving, construction.
Perimeter road bridge over Howell Avenue, design.
Inline baggage security, construction.
Gate D56 improvements, design and construction.
Snow removal equipment.

Redundant main electrical service feed, design.
Terminal roadway signage, design.
PFC administrative costs.

    Brief Description of Withdrawn Project:
    Ramp electrification design.
    Date of Withdrawal: May 9, 2011.
    Decision Date: September 8, 2011.
    For Further Information Contact: Sandy DePottey, Minneapolis
Airports District Office,<PHONE_NUMBER>.

    Public Agency: City of Charlotte, North Carolina.
    Application Number: 11-04-C-00-CLT.
    Application Type: Impose and use a PFC.
    PFC Level: $3.00.
    Total PFC Revenue Approved in this Decision: $164,302,133.
    Earliest Charge Effective Date: July 1, 2020.
    Estimated Charge Expiration Date: August 1, 2023.
    Class of Air Carriers Not Required To Collect PFCs:
    Air taxi/commercial operators filing FAA Form 1800-31.
    Determination: Approved. Based on information contained in the
public agency's application, the FAA has determined that the approved
class accounts for less than 1 percent of the total annual enplanements
at Charlotte Douglas International Airport.
    Brief Description of Projects Approved for Collection and Use:

Taxiway fixtures.
Rehabilitation of runway 18C/36C, design and construction.
Flight tracking system.
Access road, west aircraft rescue and firefighting building.
2008 Part 150 update.
Taxiway D extension.
Aircraft rescue and firefighting trucks.
New baggage screening system, design and construction.
Pre-conditioned air systems, concourse D.
Concourse E expansion.
Project management services.
East terminal expansion.
New upper level roadway, design and construction.
PFC application development.

    Brief Description of Disapproved Project:
    Aircraft deicing truck, replacement cab.
    Determination: Disapproved. This project is not PFC eligible.
    Decision Date: September 15, 2011.
    For Further Information Contact: John Marshall, Atlanta Airports
District Office,<PHONE_NUMBER>.

                                                               Amendments to PFC Approvals
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Original                            Original           Amended
                   Amendment No. City, State                    Amended approved  approved net PFC  Amended approved  estimated charge  estimated charge
                                                                      date             revenue       net PFC revenue   expiration date   expiration date
--------------------------------------------------------------------------------------------------------------------------------------------------------
08-08-C-02-EAT, East Wenatchee, WA............................          08/26/11          $366,393          $306,593          10/01/09          10/01/09
99-01-C-03-AGS, Augusta, GA...................................          08/30/11        31,482,000        27,636,360          07/01/30          08/01/24
98-04-C-07-SEA, Seattle, WA...................................          08/30/11       963,656,707     1,642,074,742          09/01/18          01/01/27
06-04-C-01-GTR, Columbus, MS..................................          09/01/11           125,000            79,148          10/01/09          10/01/09
06-05-C-02-CLL, College Station, TX...........................          09/06/11           755,492           787,528          04/01/09          04/01/09
00-02-C-04-MFE, McAllen, TX...................................          09/13/11         2,647,000         2,586,204          05/01/07          05/01/07
07-07-C-03-ALO, Waterloo, IA..................................          09/19/11           299,977           301,232          12/01/10          12/01/10
05-04-C-01-SAN, San Diego, CA.................................          09/20/11       110,064,569        44,822,518          04/01/09          04/01/09
06-09-C-01-RNO, Reno, NV......................................          09/20/11         3,400,000         3,066,408          12/01/07          12/01/07
98-03-C-01-RDG, Reading, PA...................................          09/23/11         1,300,000           614,622          07/01/08          07/01/08
11-17-C-01-BNA, Nashville, TN.................................          09/26/11         2,500,000         2,512,500          03/01/17          03/01/17
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Issued in Washington, DC, on November 3, 2011.
Joe Hebert,
Manager, Financial Analysis and Passenger Facility Charge Branch.
[FR Doc. 2011-29276 Filed 11-14-11; 8:45 am]
BILLING CODE 4910-13-M


[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)]
[Notices]
[Page 9732]
[FR Doc No: 2015-03691]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0595]

Environmental Protection Agency and Food and Drug Administration
Advice About Eating Fish; Closure of the Public Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; closure of the public comment period.

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SUMMARY: On June 11, 2014, the Food and Drug Administration (FDA), in
coordination with the U.S. Environmental Protection Agency (EPA), (the
Agencies), released for public comment draft fish consumption advice
entitled ``Fish: What Pregnant Women and Parents Should Know.'' The
draft advice would update the Agencies' consumption advice and
recommend that women who are pregnant (or might become pregnant) or
nursing and anyone who prepares food for young children eat certain
amounts and types of fish in order to improve health and developmental
outcomes while minimizing risk from methylmercury in fish. The draft
advice is consistent with recommendations in the Dietary Guidelines for
Americans 2010, which are issued every 5 years by the U.S. Departments
of Agriculture and Health and Human Services. FDA and EPA are now
announcing the closure of the public comment period.

DATES: The comment period will close on March 26, 2015.

ADDRESSES: Comments may continue to be submitted until March 26, 2015.
Submit electronic comments to http://www.regulations.gov. Submit
written comments to the Division of Dockets Management (HFA-305), Food
and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD
20852. FDA will share with EPA all comments submitted to the FDA
docket.

FOR FURTHER INFORMATION CONTACT: FDA: William Jones, Center for Food
Safety and Applied Nutrition, Food and Drug Administration, 5100 Paint
Branch Pkwy., College Park, MD 20740-3835,<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>EPA: Jeffrey Bigler, MS-4305T, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460,<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Federal Register of June 11, 2014 (79
FR 33559), FDA, in coordination with EPA, announced the availability of
the draft updated fish advice, entitled ``Fish: What Pregnant Women and
Parents Should Know,'' for public comment (the notice). The draft
advice is available electronically at http://www.fda.gov/Food/FoodborneIllnessContaminants/Metals/ucm393070.htm. The notice stated
that the comment period would be open until 30 days after the last
transcript became available from either the FDA Risk Communication
Advisory Committee (RCAC) meeting to be held on the draft advice or any
other public meeting that the Agencies chose to hold on the draft
advice (79 FR 33559). The notice also stated that the date for closure
of public comment will be published in a future notice in the Federal
Register (id.).
    The RCAC meeting was held on November 3 and 4, 2014, and the
transcript of the meeting became available on December 2, 2014. The
meeting addressed the draft updated fish advice in great detail and
included presentations by the Agencies on both the substance and the
presentation of the draft advice, and included presentations by invited
experts in risk communications. The meeting also provided members of
the public with an opportunity to express their views to the RCAC and
to members of the Agencies who were in attendance. A number of
organizations and private citizens availed themselves of this
opportunity. For these reasons, FDA and EPA have concluded that the
thoroughness of this public meeting, in addition to the public comments
received and still to be received, remove the need for additional
public meetings and are hereby closing the public comment period on
March 26, 2015. The transcript from the RCAC meeting is available
electronically at http://www.fda.gov/downloads/AdvisoryCommittees/CommitteesMeetingMaterials/RiskCommunicationAdvisoryCommittee/UCM425352.pdf and http://www.fda.gov/downloads/AdvisoryCommittees/CommitteesMeetingMaterials/RiskCommunicationAdvisoryCommittee/UCM425353.pdf.

     Dated: February 18, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-03691 Filed 2-23-15; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 76, Number 190 (Friday, September 30, 2011)]
[Notices]
[Page 60850]
[FR Doc No: 2011-25167]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3336-EM; Docket ID FEMA-2011-0001]

Delaware; Emergency and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of an
emergency for the State of Delaware (FEMA-3336-EM), dated August 28,
2011, and related determinations.

DATES: Effective Date: August 28, 2011.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated August 28, 2011, the President issued an emergency declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5208 (the Stafford Act), as
follows:

    I have determined that the emergency conditions in the State of
Delaware resulting from Hurricane Irene beginning on August 26,
2011, and continuing, are of sufficient severity and magnitude to
warrant an emergency declaration under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq.
(``the Stafford Act''). Therefore, I declare that such an emergency
exists in the State of Delaware.
    You are authorized to provide appropriate assistance for
required emergency measures, authorized under Title V of the
Stafford Act, to save lives and to protect property and public
health and safety, and to lessen or avert the threat of a
catastrophe in the designated areas. Specifically, you are
authorized to provide assistance for emergency protective measures
(Category B), including direct Federal assistance, under the Public
Assistance program. This assistance excludes regular time costs for
subgrantees' regular employees.
    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. In order to provide Federal assistance, you are
hereby authorized to allocate from funds available for these
purposes such amounts as you find necessary for Federal emergency
assistance and administrative expenses.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

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

    The entire State of Delaware for emergency protective measures
(Category 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.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-25167 Filed 9-29-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 79, Number 136 (Wednesday, July 16, 2014)]
[Rules and Regulations]
[Pages 41437-41439]
[FR Doc No: 2014-16556]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0072; FRL-9913-62-OAR]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Section 110(9)(2) Infrastructure Requirements for the 2008
Lead National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving two
State Implementation Plan (SIP) revisions submitted by the State of
Maryland pursuant to the Clean Air Act (CAA). Whenever new or revised
National Ambient Air Quality Standards (NAAQS) are promulgated, the CAA
requires states to submit a plan for the implementation, maintenance,
and enforcement of such NAAQS. The plan is required to address basic
program elements, including, but not limited to regulatory structure,
monitoring, modeling, legal authority, and adequate resources necessary
to assure attainment and maintenance of the standards. These elements
are referred to as infrastructure requirements. The State of Maryland
has made submittals addressing the infrastructure requirements for the
2008 lead (Pb) NAAQS.

DATES: This final rule is effective on August 15, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2013-0072. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Maryland Department of the Environment,
1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Ruth Knapp,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On October 15, 2008, EPA substantially strengthened the primary and
secondary lead NAAQS (hereafter the 2008 Pb NAAQS), revising the level
of the primary (health-based) standard from 1.5 micrograms per cubic
meter (ug/m\3\) to 0.15 ug/m\3\, measured as total suspended particles
(TSP) and not to be exceeded with an averaging time of a rolling three
month period. EPA also revised the secondary (welfare-based) standard
to be identical to the primary standard, as well as the associated
ambient air monitoring requirements. See 40 CFR 50.16.
    Section 110(a) of the CAA requires states to submit SIPs to provide
for the implementation, maintenance, and enforcement of a new or
revised NAAQS within three years following the promulgation of such
NAAQS or within such shorter period as EPA may prescribe. The contents
of that submission may vary depending upon the facts and circumstances.
In particular, the data and analytical tools available at the time the
state develops and submits the SIP for a new or revised NAAQS affect
the content of the submission. The contents of such SIP submissions may
also vary depending upon what provisions the state's existing SIP
already contains.
    Pursuant to section 110(a)(1) of the CAA, states are required to
submit SIPs meeting the applicable requirements of section 110(a)(2)
within three years after promulgation of a new or revised NAAQS or
within such shorter period as EPA may prescribe. Section 110(a)(1)
provides the procedural and timing requirements for SIPs and section
110(a)(2) requires states to address basic SIP elements such as
requirements for monitoring, basic program requirements and legal
authority that are designed to assure attainment and maintenance of the
NAAQS. More specifically, section 110(a)(2) lists specific elements
that states must meet for ``infrastructure'' SIP requirements related
to a newly established or revised NAAQS.
    For the 2008 Pb NAAQS, states typically have met many of the basic
program elements required in section 110(a)(2) of the CAA through
earlier SIP submissions in connection with previous lead NAAQS.
Nevertheless, pursuant to section 110(a)(1) of the CAA, states have to
review and revise, as appropriate, their existing lead NAAQS SIPs to
ensure that the SIPs are adequate to address the 2008 Pb NAAQS. To
assist states in meeting this statutory requirement, EPA issued
guidance on October 14, 2011, entitled, ``Guidance on Infrastructure
State Implementation Plan (SIP) Elements Required Under sections
110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National Ambient Air
Quality Standards (NAAQS),'' which lists the basic elements that states
should include in their SIPs for the 2008 Pb NAAQS.

II. Summary of SIP Revision

    On May 2, 2014 (79 FR 25059), EPA published a notice of proposed
rulemaking (NPR) for the State of Maryland proposing approval of
Maryland's January 3, 2013 and August 14, 2013 submittals to satisfy
several requirements of section 110(a)(2) of the CAA for the 2008 Pb
NAAQS. In the NPR, EPA proposed approval of the following
infrastructure elements: Sections 110(a)(2)(A), (B), (C), (D), (E),
(F), (G), (H), (J), (K), (L), and (M), or portions thereof. This action
does not include any action on section 110(a)(2)(I) of the CAA which
pertains to the nonattainment requirements of part D, Title I of the
CAA, because this element is not required to be submitted by the 3-year
submission deadline of CAA section 110(a)(1), and will be addressed in
a separate process if necessary. The rationale which supports EPA's
proposed action, including the scope of infrastructure SIPs in general,
is explained in the NPR and the technical support document (TSD)
accompanying the NPR and will not be restated here. The TSD is
available online at www.regulations.gov, Docket ID Number EPA-R03-OAR-
2013-0072. No comments were received on this rulemaking action.

III. Final Action

    EPA is approving two revisions to the Maryland SIP, Maryland's
January 3, 2013 and August 14, 2013 submittals for the 2008 Pb NAAQS,
that address the following infrastructure elements: Sections
110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and
(M). This rulemaking action does not include section 110(a)(2)(I) of
the CAA which pertains to the nonattainment requirements of part D,
Title I of the CAA, since this element is not required to be submitted
by the three year submission deadline of section 110(a)(1), and will be
addressed in a separate process.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 15, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action, addressing infrastructure requirements of section
110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M)
of the CAA for the 2008 Pb NAAQS for the State of Maryland, may not be
challenged later in proceedings to enforce its requirements. See
section 307(b)(2).

List of Subjects in 40 CFR part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Lead, Reporting and recordkeeping requirements.

    Dated: June 27, 2014.
W.C. Early,
Acting, Regional Administrator, Region III.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

     Authority: 42 U.S.C. 7401 et seq.

Subpart V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (e) is amended by adding
the entry for ``Section 110(a)(2) Infrastructure Requirements for the
2008 Lead NAAQS'' at the end of the table to read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP          Applicable            State                                Additional
            revision                 geographic area    submittal date   EPA Approval date       explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 110(a)(2) Infrastructure  Statewide...........        1/3/2013  7/16/2014 [Insert    This action
 Requirements for the 2008 Lead                              8/14/2013   page number where    addresses the
 NAAQS.                                                                  the document         following CAA
                                                                         begins].             elements:
                                                                                110(a)(2)(A), (B),
                                                                                (C), (D), (E),
                                                                                (F), (G), (H),
                                                                                (J), (K), (L) and
                                                                                (M)
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2014-16556 Filed 7-15-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Notices]
[Page 80293]
[FR Doc No: 2023-25401]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 7920-006]

Tridam Energy LLC, Madko Hydro LLC; Notice of Transfer of
Exemption

    1. On October 13, 2023, Tridam Energy LLC filed a notification of
the transfer for the 150-kilowatt Waterloom Falls Hydroelectric Project
No. 7920 from Tridam Energy LLC to Madko Hydro LLC. The exemption from
licensing was originally issued on March 11, 1985.\1\ The project is
located on the Merrimack River, Hillsboro County, New Hampshire. The
transfer of an exemption does not require Commission approval.
---------------------------------------------------------------------------

    \1\ Alden T. Greenwood (Environmental Assessment 1985).
Subsequently, on June 6, 2014, the project was transferred to Tridam
Energy LLC.
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    2. Madko Hydro LLC is now the exemptee of the Waterloom Falls
Hydroelectric Project No. 7920. All correspondence must be forwarded to
Jacob Komar, Madko Hydro LLC, 94 River Road, New Ipswich, NH 03071,
Phone:<PHONE_NUMBER>, Email: [email protected].

    Dated: November 9, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-25401 Filed 11-16-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: January 31, 2008 (Volume 73, Number 21)]
[Rules and Regulations]
[Page 5747-5749]
[DOCID:fr31ja08-11]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2007-0026; [formerly published under CGD05-07-093]]
RIN 1625-AA09

Drawbridge Operation Regulations; Corson Inlet, New Jersey
Intracoastal Waterway (NJICW), Townsend Inlet, NJ

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the drawbridge operation
regulations of four Cape May County Bridge Commission (the Commission)
bridges: The Corson Inlet Bridge, at mile 0.9, at Strathmere; the Stone
Harbor Boulevard Bridge, at NJICW mile 102.0, across Great Channel at
Stone Harbor; the Two-Mile Bridge, at NJICW mile 112.2, across Middle
Thorofare in Wildwood Crest; and the Townsend Inlet Bridge, at mile 0.3
in Avalon, NJ. This final rule allows the drawbridges to operate on an
advance notice basis for specific dates, times and holiday in December
of every year. These changes will still provide for the reasonable
needs of navigation.

DATES: This rule is effective March 3, 2008.

ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket USCG-2007-026 and are available for inspection or
copying at Commander (dpb), Fifth Coast Guard District, Federal
Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-5004
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays. The Fifth Coast Guard District maintains the public docket
for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On October 1, 2007, the new Federal Docket Management System (FDMS)
was established and FDMS numbers were assigned to all actions published
in the Federal Register. New FDMS numbers are posted and requested
comments are reviewed at www.regulations.gov. The FDMS number assigned
to this rule was USCG-2007-0026.
    On October 11, 2007, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations; Corson Inlet, New
Jersey Intracoastal Waterway (NJICW), Townsend Inlet, NJ'' in the
Federal Register (72 FR 57904). We received three comments on the
proposed rule. The previously assigned NPRM docket number was CGD05-07-
093. No public meeting was requested, and none was held.

Background and Purpose

    The owner of the drawbridges, the Cape May County Bridge Commission
(the Commission), requested changes to the operating regulations for
the four drawbridges to allow them to operate on an advance notice
basis at different times on December 24th, 25th and 26th of every year.
    A review of the bridge logs supplied by the Commission for the
Corson Inlet Bridge, at mile 0.9, at Strathmere; the Stone Harbor
Boulevard Bridge, at NJICW mile 102.0, across Great Channel at Stone
Harbor; the Two-Mile Bridge at NJICW mile 112.2, across Middle
Thorofare in Wildwood Crest; and the Townsend Inlet Bridge, at mile 0.3
in Avalon; reveals that these drawbridges have not received any
requests nor performed any bridge openings on the aforementioned dates
for at least the previous nine years.
    The Cape May County Bridge Commission Department of Public Works
currently maintains a 24-hour telephone at<PHONE_NUMBER> to request
bridge openings. Qualified personnel will be on-call and ready for
dispatch with two-hour advance notice for the following drawbridges:

Corson Inlet

    The Corson Inlet Bridge, mile 0.9, at Strathmere has a vertical
clearance of 15 feet above mean high water (MHW) and 18 feet above mean
low water (MLW) in the closed position to vessels. The existing
operating regulations are set out in 33 CFR 117.714.

New Jersey Intracoastal Waterway

    The Stone Harbor Boulevard Bridge, at NJICW mile 102.0, across
Great Channel at Stone Harbor has a vertical clearance of 11 feet above
MHW and 15 feet above MLW in the closed position to vessels. The
existing operating regulations are set out in 33 CFR Sec.  117.733(i).
    The Two-Mile Bridge, at NJICW mile 112.2, across Middle Thorofare
in Wildwood Crest has a vertical clearance of 23 feet above MHW and 27
feet above MLW. The existing regulations are set out in 33 CFR Sec.
117.733(k).

Townsend Inlet

    The Townsend Inlet Bridge, at mile 0.3, in Avalon has a vertical
clearance of 23 feet above MHW and 26 feet above MLW in the closed
position to vessels. The existing regulations are set out in 33 CFR
117.757.

Discussion of Comments and Changes

    The Coast Guard received three comments to the NPRM. One written
comment was from the U.S. Department of the Interior, Fish and Wildlife
Service (the Service). The Service has no objection to the issuance of
the NPRM.
    We received two comments from the same respondent at
www.regulations.gov under the new FDMS docket number USCG-2007-0026. In
both comments, the respondent essentially agreed with the issuance of
the NPRM.
    Based on the comments received and information provided, we will
implement a final rule with no changes to the NPRM.

Discussion of Rule

Corson Inlet

    The Coast Guard is amending 33 CFR 117.714 by revising the
operating regulations by extending the two-hour notice period in effect
during the off season to include all of December 25. The final rule
would read as follows: The draw of the Corson Inlet Bridge, mile 0.9,
at Strathmere, shall open on signal: Except, that from October 1
through May 15 from 10 p.m. to 6 a.m. and from 6 a.m. to 10 p.m. on
December 25 the draw need open only if at least two hours notice is
given.

New Jersey Intracoastal Waterway

    The Coast Guard is amending 33 CFR 117.733 by revising paragraph
(i), which details the operating regulations for the Stone Harbor
Boulevard Bridge at NJICW mile 102.0, across Great Channel at Stone
Harbor.
    A new paragraph will be added at Sec.  117.733(i)(3) to read that
the draw shall open on signal from 10 p.m. on December 24 until 6 a.m.
on December 26 if at least two hours notice is given.
    The Coast Guard is also amending 33 CFR 117.733 by revising
paragraph (k), which details the operating regulations for the Two-Mile
Bridge, at NJICW mile 112.2, across Middle Thorofare in Wildwood Crest.
    Paragraph (k) will state that the draw shall open on signal except:
(1) From 9:15 a.m. to 10:30 a.m. on the fourth Sunday in March of every
year, the draw need not open for vessels. If the fourth Sunday falls on
a religious holiday, the draw need not open for

vessels from 9:15 a.m. to 10:30 a.m. on the third Sunday of March of
every year; and (2) from 10:30 p.m. on December 24 until and including
10:30 p.m. on December 26, the draw need open only if at least two
hours notice is given.

Townsend Inlet

    The Coast Guard is amending 33 CFR 117.757 by revising the
operating regulations to read as follows: The draw of Townsend Inlet
Bridge, mile 0.3 in Avalon, shall open on signal except: (1) From 9:15
a.m. to 2:30 p.m. on the fourth Sunday in March of every year, the draw
need not open for vessels. If the fourth Sunday falls on a religious
holiday, the draw need not open from 9:15 a.m. to 2:30 p.m. on the
third Sunday of March of every year; and (2) from 11 p.m. on December
24 until 11 p.m. on December 25, the draw need open only if at least
two hours notice is given.

Regulatory Evaluation

    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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
    This conclusion is based on the fact that these changes have only a
minimal impact on maritime traffic transiting the bridges. Mariners can
plan their trips in accordance with the scheduled bridge openings to
minimize delays, and vessels that can pass under the bridges without a
bridge opening may do so at all times.

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 conclusion is based on the fact that the changes will have
only a minimal impact on maritime traffic transiting the bridge.
Mariners who plan their transits in accordance with the scheduled
bridge openings can minimize delay and vessels that can pass under the
bridges without a bridge opening may do so at all times.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could 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 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule would not affect 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 would not create an
environmental risk to health or risk to safety that might
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 would 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 Commandant Instruction M16475.lD
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction because this rule involves drawbridge regulations.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (32)(e) of the Instruction, from further environmental
documentation.

List of Subjects in 33 CFR Part 117

    Bridges.

Words of Issuance and Regulatory Text

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

0
2. Revise Sec.  117.714 to read as follows:

Sec.  117.714  Corson Inlet.

    The draw of the Corson Inlet Bridge, mile 0.9, at Strathmere, shall
open on signal; except that from October 1 through May 15 from 10 p.m.
to 6 a.m. and from 6 a.m. to 10 p.m. on December 25 the draw need open
only if at least two hours notice is given.
0
3. Sec.  117.733 is amended by adding a new paragraph (i)(3) and
revising paragraph (k) to read as follows:

Sec.  117.733  New Jersey Intracoastal Waterway.

* * * * *
    (i) * * *
    (3) From 10 p.m. on December 24 until 6 a.m. on December 26, the
draw need open only if at least two hours notice is given.
* * * * *
    (k) The draw of Two-Mile Bridge, mile 112.2, across Middle
Thorofare in Wildwood Crest, shall open on signal except:
    (1) From 9:15 a.m. to 10:30 a.m. on the fourth Sunday in March of
every year, the draw need not open for vessels. If the fourth Sunday
falls on a religious holiday, the draw need not open for vessels from
9:15 a.m. to 10:30 a.m. on the third Sunday of March of every year.
    (2) From 10:30 p.m. on December 24 until 10:30 p.m. on December 26,
the draw need open only if at least two hours notice is given.
* * * * *
0
4. Sec.  117.757 is revised to read as follows:

Sec.  117.757  Townsend Inlet.

    The draw of Townsend Inlet Bridge, mile 0.3 in Avalon, shall open
on signal except:
    (a) From 9:15 a.m. to 2:30 p.m. on the fourth Sunday in March of
every year, the draw need not open for vessels. If the fourth Sunday
falls on a religious holiday, the draw need not open from 9:15 a.m. to
2:30 p.m. on the third Sunday of March of every year.
    (b) From 11 p.m. on December 24 until 11 p.m. on December 25, the
draw need open only if at least two hours notice is given.

    Dated: January 16, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E8-1764 Filed 1-30-08; 8:45 am]

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[Federal Register Volume 76, Number 68 (Friday, April 8, 2011)]
[Notices]
[Pages 19769-19771]
[FR Doc No: 2011-8423]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2005-0530; FRL-9291-7]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Application for Reference and Equivalent Method
Determination (Renewal)

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to

submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). Before
submitting the ICR to OMB for review and approval, EPA is soliciting
comments on specific aspects of the proposed information collection as
described below.

DATES: Comments must be submitted on or before June 7, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
ORD-2005-0530, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail: Office of Research and Development (ORD) Docket,
<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: ORD Docket, Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Please include a total of 2 copies.
     Hand Delivery: Environmental Protection Agency, EPA West
Building, Room 3334, 1301 Constitution Avenue, NW., Washington, DC.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2005-0530. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Robert W. Vanderpool, U.S.
Environmental Protection Agency, Human Exposure and Atmospheric
Sciences Division, Process Modeling Research Branch, Mail Drop D205-03,
Research Triangle Park, NC 27711; telephone number:<PHONE_NUMBER>;
facsimile number:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

How can I access the docket and/or submit comments?

    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-ORD-2005-0530, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Office of
Environmental Information Docket in the EPA Docket Center (EPA/DC), EPA
West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA/
DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Reading Room is<PHONE_NUMBER>, and the telephone number for the Office
of Research and Development is<PHONE_NUMBER>.
    Use http://www.regulations.gov to obtain a copy of the draft
collection of information, submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search,'' then key in the docket ID number
identified in this document.

What information is EPA particularly interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
    (ii) evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
    (iii) enhance the quality, utility, and clarity of the information
to be collected; and
    (iv) minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

What should I consider when I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.
    Affected entities: Entities potentially affected by this action are
primarily manufacturers and vendors of ambient air quality monitoring
instruments that are used by State and local air quality monitoring
agencies in their Federally required air surveillance monitoring
networks, and agents acting for such instrument manufacturers or
vendors. Other entities potentially affected may include State or local
air monitoring agencies, other users of ambient air quality monitoring
instruments, or any other applicant for a reference or an equivalent
method determination.
    Title: Application for Reference and Equivalent Method
Determination (Renewal).
    ICR numbers: EPA ICR No. 0559.11; OMB Control No. 2080-0005.
    ICR status: This ICR is currently scheduled to expire on July 31,
2011.

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, are 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: To determine compliance with the NAAQS, State air
monitoring agencies are required to use, in their air quality
monitoring networks, air monitoring methods that have been formally
designated by the EPA as either reference or equivalent methods under
EPA regulations at 40 CFR part 53. A manufacturer or seller of an air
monitoring method (e.g. an air monitoring sampler or analyzer) that
seeks to obtain such EPA designation of one of its products must carry
out prescribed tests of the method. The test results and other
information must then be submitted to the EPA in the form of an
application for a reference or equivalent method determination in
accordance with 40 CFR part 53. The EPA uses this information, under
the provisions of part 53, to determine whether the particular method
should be designated as either a reference or equivalent method. After
a method is designated, the applicant must also maintain records of the
names and mailing addresses of all ultimate purchasers of all analyzers
or samplers sold as designated methods under the method designation. If
the method designated is a method for fine particulate matter
(PM2.5) and coarse particulate matter (PM10-2.5),
the applicant must also submit a checklist signed by an ISO-certified
auditor to indicate that the samplers or analyzers sold as part of the
designated method are manufactured in an ISO 9001-registered facility.
Also, an applicant must submit a minor application to seek approval for
any proposed modifications to previously designated methods.
    A response to this collection of information is voluntary, but it
is required to obtain the benefit of EPA designation under 40 CFR part
53. Submission of some information that is claimed by the applicant to
be confidential business information may be necessary to make a
reference or equivalent method determination. The confidentiality of
any submitted information identified as confidential business
information by the applicant will be protected in full accordance with
40 CFR part 53.15 and all applicable provisions of 40 CFR part 2.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average
approximately 341 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.
    The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
    Estimated total number of potential respondents: 22.
    Frequency of response: Annual.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual respondent burden hours: 7,492.
    Estimated total respondent annual costs: $681,625. This includes an
estimated burden labor cost of $546,248, an estimated cost of $111,894
for capital investment, and an estimated $23,483 for operational and
maintenance costs.

Are there changes in the estimates from the last approval?

    A comprehensive review of ongoing and expected NAAQS reviews
encompassing this ICR's period of performance determined that there is
no expected change in the respondent burden, either with regards to
labor hours or costs. Similarly, there is no expected change in the
Agency burden (either hours or costs) associated with any expected
changes in NAAQS regulations during this ICR's period of performance.

What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB.

Jewel F. Morris,
Acting Director, National Exposure Research Laboratory.
[FR Doc. 2011-8423 Filed 4-7-11; 8:45 am]
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