[Federal Register Volume 78, Number 23 (Monday, February 4, 2013)]
[Notices]
[Pages 7828-7831]
[FR Doc No: 2013-02300]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68758; File No. SR-NYSEArca-2013-04]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending the NYSE
Arca Options Fee Schedule To Revise Qualification Thresholds for Tiered
Customer Posting Credits

January 29, 2013.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on January 15, 2013, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend the NYSE Arca Options Fee Schedule
(``Fee Schedule'') to revise the qualification thresholds for tiered
Customer posting credits for electronic executions in Penny Pilot
issues. The Exchange proposes to make the fee change operative on
February 1, 2013. The text of the proposed rule change is available on
the Exchange's Web site at www.nyse.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 self-regulatory organization
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 those 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
    The Exchange proposes to amend the Fee Schedule to revise the
qualification thresholds for tiered Customer \4\ posting credits for
electronic executions in Penny Pilot issues.\5\ The Exchange proposes
to make the fee change operative on February 1, 2013.
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    \4\ Under NYSE Arca Options Rule 6.1(b)(29), the term
``Customer'' has the same definition as Rule 15c3-1(c)(6) under the
Act, which excludes certain broker-dealers.
    \5\ As provided under NYSE Arca Options Rule 6.72, options on
certain issues have been approved to trade with a minimum price
variation of $0.01 as part of a pilot program that is currently
scheduled to expire on March 31, 2013. See Securities Exchange Act
Release No. 68426, (December 13, 2012) 77 FR 75224 (December 19,
2012) (SR-NYSEArca-2012-135).
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    Currently, the Exchange provides credits for posted electronic
Customer executions in Penny Pilot issues for OTP Holders and OTP Firms
that meet the following execution thresholds:

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

----------------------------------------------------------------------------------------------------------------
Tier                            Qualification basis (average electronic executions      Credit applied to posted
                                                     per day)                                electronic customer
                                                                                executions in Penny Pilot
                                                                                issues
----------------------------------------------------------------------------------------------------------------
Base.........................  ................  ................  ...............                       ($0.25)
Tier 1.......................  15,000 Contracts  ................  ...............                       ($0.38)
                                from Customer
                                Posted Orders
                                in Penny Pilot
                                Issues.
Tier 2.......................  25,000 Contracts  75,000 Contracts  ...............                       ($0.40)
                                from Customer     from Posted
                                Posted Orders     Orders in Penny
                                in Penny Pilot    Pilot Issues,
                                Issues, or        all account
                                                  types.*
Tier 3.......................  50,000 Contracts  ................  ...............                       ($0.43)
                                from Customer
                                Posted Orders
                                in Penny Pilot
                                Issues.
Tier 4.......................  65,000 Contracts  100,000           100,000                               ($0.44)
                                from Customer     Contracts from    Contracts from
                                Posted Orders     Posted Orders     Customer
                                in Penny Pilot    in Penny Pilot    Posted and
                                Issues Plus       Issues, all       Removing
                                0.3% of U.S.      account types,*   Orders in
                                Equity Market     or                Penny Pilot
                                Share Posted                        Issues.
                                and Executed on
                                NYSE Arca
                                Equity Market,*
                                or
----------------------------------------------------------------------------------------------------------------
* Includes transaction volume from the OTP Holder's or OTP Firm's affiliates.

    The Exchange proposes to revise the qualification thresholds for
tiered Customer posting credits for electronic executions in Penny
Pilot issues so that the qualification thresholds for tiered Customer
posting credits will be based not on a fixed number of contracts but
instead on a percentage of average daily volume (``ADV'') of Customer
electronic equity and ETF option contracts executed by an OTP Holder or
OTP Firm on the Exchange relative to the overall Total Industry
Customer equity and ETF option ADV.\6\ The Exchange

proposes the following qualification thresholds for tiered Customer
posting credits for electronic executions in Penny Pilot issues:
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    \6\ The OCC provides volume information in two product
categories: Equity and ETF volume and index volume, and the
information can be filtered to show only Customer, firm, or market
maker account type. Equity and ETF Customer volume numbers are
available directly from the OCC each morning, or may be transmitted,
upon request, free of charge from the Exchange. Equity and ETF
Customer volume is a widely followed benchmark of industry volume
and is indicative of industry market share. Total Industry Customer
equity and ETF option ADV is comprised of those equity and ETF
option contracts that clear in the customer account type at OCC,
including Exchange-Traded Fund Shares, Trust Issued Receipts,
Partnership Units, and Index-Linked Securities such as Exchange-
Traded Notes (see NYSE Arca Options Rule 5.3(g)-(j)), and does not
include contracts that clear in either the firm or market maker
account type at OCC or contracts overlying a security other than an
equity or ETF security. The Exchange notes that there is one Penny
Pilot issue, Mini NDX 100 Stock Index, that does not overlie an
equity or ETF security that is eligible for the Customer posing
[sic] credit. This Penny Pilot issue is not included in equity and
ETF option ADV; however, the Exchange expects that the effect on the
calculations for the qualification thresholds for tiered Customer
posting credits to be negligible. Under the proposed rule change,
Total Industry Customer equity and ETF option ADV will be that which
is reported for the month by OCC in the month in which the credits
may apply. For example, February 2013 Total Industry Customer equity
and ETF option ADV will be used in determining what, if any, credit
an OTP Holder or OTP Firm may be eligible for based on the Customer
electronic equity and ETF option ADV it transacts on the Exchange in
February 2013.

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

----------------------------------------------------------------------------------------------------------------
Tier                            Qualification basis (average electronic executions      Credit applied to posted
                                                     per day)                                electronic customer
                                                                                executions in Penny Pilot
                                                                                issues
----------------------------------------------------------------------------------------------------------------
Base.........................  ................  ................  ...............                       ($0.25)
Tier 1.......................  At least 0.15%    ................  ...............                       ($0.38)
                                of Total
                                Industry
                                Customer equity
                                and ETF option
                                ADV from
                                Customer Posted
                                Orders in Penny
                                Pilot Issues.
Tier 2.......................  At least 0.25%    At least 0.70%    ...............                       ($0.40)
                                of Total          of Total
                                Industry          Industry
                                Customer equity   Customer equity
                                and ETF option    and ETF option
                                ADV from          ADV from Posted
                                Customer Posted   Orders in Penny
                                Orders in Penny   Pilot Issues,
                                Pilot Issues,     all account
                                or                types.*
Tier 3.......................  At least 0.50%    ................  ...............                       ($0.43)
                                of Total
                                Industry
                                Customer equity
                                and ETF option
                                ADV from
                                Customer Posted
                                Orders in Penny
                                Pilot Issues.
Tier 4.......................  At least 0.65%    At least 0.95%    At least 0.95%                        ($0.44)
                                of Total          of Total          of Total
                                Industry          Industry          Industry
                                Customer equity   Customer equity   Customer
                                and ETF option    and ETF option    equity and ETF
                                ADV from          ADV from Posted   option ADV
                                Customer Posted   Orders in Penny   from Customer
                                Orders in Penny   Pilot Issues,     Posted and
                                Pilot Issues      all account       Removing
                                Plus 0.3% of      types,* or        Orders in
                                U.S. Equity                         Penny Pilot
                                Market Share                        Issues.
                                Posted and
                                Executed on
                                NYSE Arca
                                Equity Market,*
                                or
----------------------------------------------------------------------------------------------------------------
* Includes transaction volume from the OTP Holder's or OTP Firm's affiliates.

    The Exchange notes that the calculations for the qualification
thresholds for tiered Customer posting credits only include electronic
executions. Qualified Contingent Cross (``QCC'') orders are neither
posted nor taken; thus QCC transactions are not included in the
calculation of posted or taken execution volumes. Orders routed to
another market for execution are not included in the calculation of
taking volume. In addition, Customer equity and ETF option ADV will not
include executions from Electronic Complex Order Executions.\7\
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    \7\ The Exchange previously amended its Fee Schedule to exclude
Electronic Complex Order volume from counting toward the
qualification thresholds for tiered Customer posting credits for
electronic executions in Penny Pilot issues. See Securities Exchange
Act Release No. 68405, (December 11, 2012) 77 FR 74719 (December 17,
2012) (SR-NYSEArca-2012-137). The Exchange proposes to amend endnote
8 to explicitly exclude Electronic Complex Order Executions from the
qualification thresholds for tiered Customer posting credits.
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    The Exchange notes that the proposed percentages are generally
equivalent to the current fixed thresholds at current volume levels,
but will have the advantage of fluctuating with industry volume. The
Exchange does not propose to amend the credits associated with these
tiers or other requirements for the tiers.
    The Exchange notes that the proposed changes are not otherwise
intended to address any other issues, and the Exchange is not aware of
any problems that OTP Holders and OTP Firms would have in complying
with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\8\ in general, and furthers the
objectives of Section 6(b)(4) of the Act,\9\ in particular, because it
provides for the equitable allocation of reasonable dues, fees, and
other charges among its members, issuers and other persons using its
facilities. The Exchange also believes that the proposed rule change is
consistent with Section 6(b)(5) of the Act,\10\ in particular, because
it is 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 mechanisms of, a free and open market and a national market
system and, in general, to protect investors and the public interest
and because it is not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposal to revise the qualification thresholds for tiered
Customer posting credits for electronic executions in Penny Pilot
issues so that they are based on the ADV of Total Industry Customer
electronic equity and ETF option contracts on the Exchange is

reasonable because it is designed to attract additional Customer
electronic equity and ETF option volume to the Exchange, which would
benefit all participants by offering greater price discovery, increased
transparency and an increased opportunity to trade on the Exchange.
Additionally, the Exchange believes that the proposed credits are
reasonable because they would incentivize OTP Holders and OTP Firms to
submit Customer electronic equity and ETF option orders to the Exchange
and would result in credits that are reasonably related to the
Exchange's market quality that is associated with higher volumes.
    The Exchange also believes that the proposed qualification
thresholds for tiered Customer posting credits are reasonable because
the Exchange has continued to provide more than one method of
qualifying for certain of the tiers. For example, in addition to
posting Customer orders in Penny Pilot issues, the Tier 2 credit can
alternatively be reached by posting a certain volume of orders in all
account types, and the Tier 4 credit can be reached by posting a
certain volume of orders on the NYSE Arca Equity Market, posting a
certain volume of orders in all account types, or posting or removing a
certain volume of orders in Penny Pilot issues. The Exchange believes
that the aspect of the proposed change related to the activity of an
affiliated ETP Holder on NYSE Arca Equities is reasonable because it
would encourage increased trading activity on both the NYSE Arca equity
and option markets.
    The Exchange believes that using a percentage based threshold
rather than a fixed threshold is reasonable because it would allow the
threshold to account for fluctuating industry volume. The Exchange also
believes that the proposed qualification thresholds for tiered Customer
posting credits are reasonable because they will reward OTP Holders and
OTP Firms with a greater credit for posted electronic Customer
executions in Penny Pilot issues when they bring a larger number of
orders to the Exchange.
    The Exchange believes that the proposed credits are equitable and
not unfairly discriminatory because they will be available to all OTP
Holders and OTP Firms that execute posted electronic Customer orders on
the Exchange on an equal and non-discriminatory basis, in particular
because they would be based on a variable rather than a fixed
threshold. The Exchange believes that providing methods for achieving
the credits not based solely on posted electronic Customer Executions
in Penny Pilot issues is equitable and not unfairly discriminatory
because it would continue to result in more OTP Holders and OTP Firms
qualifying for the credits and therefore reducing their overall
transaction costs on the Exchange. The Exchange also believes that the
proposed credits are not new or novel because at least one other
exchange has a customer tier based on Total Industry Customer equity
and ETF option volume.\11\ The Exchange believes that the aspect of the
proposed change related to the activity of an affiliated ETP Holder on
NYSE Arca Equities is equitable and not unfairly discriminatory because
it is designed to continue to bring additional posted order flow to
NYSE Arca Equities, so as to provide additional opportunities for all
ETP Holders to trade on NYSE Arca Equities.\12\
---------------------------------------------------------------------------

    \11\ See NYSE Amex Options Fee Schedule, dated December 1, 2012,
available at https://globalderivatives.nyx.com/sites/globalderivatives.nyx.com/files/nyse_amex_options_fee_schedule_12_01_12__.pdf. See also Securities Exchange Act Release No.
68036 (October 11, 2012), 77 FR 63900 (October 17, 2012) (SR-
NYSEMKT-2012-50).
    \12\ The Exchange notes that this aspect of the proposed change
related to the activity of an affiliated ETP Holder on NYSE Arca
Equities has been previously included in an immediately effective
filing. See Securities Exchange Act Release No. 67020, (May 18,
2012) 77 FR 31050 (May 24, 2012) (SR-NYSEArca-2012-41).
---------------------------------------------------------------------------

    The Exchange believes that the proposed changes are designed to
incent all market participants, thereby removing impediments to and
perfecting the mechanism of a free and open market system. In addition,
for the reasons stated above, the proposed changes are not designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act because it is designed to
attracted [sic] additional volume, in particular posted electronic
Customer executions, to the Exchange, which would promote price
discovery and transparency in the securities markets thereby
benefitting competition in the industry. As stated above, the Exchange
believes that the proposed change would impact all similarly situated
OTP Holders and OTP Firms that post electronic Customer executions on
the Exchange equally, and as such, the proposed change would not impose
a disparate burden on competition either among or between classes of
market participants. In addition, providing an alternative
qualification basis for certain tiers by including volume from
affiliates allows a firm with a diverse business structure, but not a
concentration on Customers orders only, to earn a higher credit for
their Customers by posting order flow that improves the overall market
quality, and encourages posting competitive prices, which result in
better available markets for Customer orders.\13\ The Exchange notes
that it operates in a highly competitive market in which market
participants can readily favor competing venues. In such an
environment, the Exchange must continually review, and consider
adjusting, its fees and credits to remain competitive with other
exchanges. For the reasons described above, the Exchange believes that
the proposed rule change promotes a competitive environment.
---------------------------------------------------------------------------

    \13\ The Exchange notes that the Commission has not previously
determined that this aspect of the proposed change related to the
activity of an affiliated ETP Holder on NYSE Arca Equities would
impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. See id.
---------------------------------------------------------------------------

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \14\ of the Act and subparagraph (f)(2) of Rule
19b-4 \15\ thereunder, because it establishes a due, fee, or other
charge imposed by the NYSE Arca.
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \16\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(2)(B).

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2013-04 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2013-04. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2013-04, and should
be submitted on or before February 25, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-02300 Filed 2-1-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 20 (Tuesday, January 30, 2018)]
[Notices]
[Page 4195]
[FR Doc No: 2018-01787]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Projects Nos. 1940-029 and 1966-054]

Wisconsin Public Service Corporation; Notice of Availability of
Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission (Commission or FERC)
regulations, 18 CFR part 380 (Order No. 486, 52 FR 47897), the Office
of Energy Projects has reviewed the applications for new licenses for
the 2.6-megawatt (MW) Tomahawk Hydroelectric Project (FERC Project No.
1940-029) and the 17.24-MW Grandfather Falls Hydroelectric Project
(FERC Project No. 1966-054) and has prepared a single environmental
assessment (EA) that includes both projects. Both projects are located
on the Wisconsin River in Lincoln County, Wisconsin.
    The EA contains the staff's analysis of the potential environmental
impacts of the projects and concludes that licensing the projects, with
appropriate environmental protective measures, would not constitute a
major federal action that would significantly affect the quality of the
human environment.
    A copy of the EA is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's website at
www.ferc.gov using the eLibrary link. For each project, enter the
docket number, excluding the last three digits, in the docket number
field to access the document. For assistance, contact FERC Online
Support at [email protected]; toll-free at 1-866-208-3676; or
for TTY,<PHONE_NUMBER>.
    You may also register online at www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    Any comments should be filed within 30 days from the date of this
notice. The Commission strongly encourages electronic filing. Please
file comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support. In lieu
of electronic filing, please send a paper copy to: Secretary, Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426. The first page of any filing should include docket numbers P-
1940-029 or P-1966-054, as appropriate.
    For further information, contact Lee Emery at<PHONE_NUMBER> or by
email at [email protected].

    Dated: January 24, 2018.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2018-01787 Filed 1-29-18; 8:45 am]
 BILLING CODE 6717-01-P


TITLE:  Standards of Training, Certification and Watchkeeping for
Seafarers (STCW), 1995, 1997 and 2010 Amendments to the International
Convention

OMB CONTROL NUMBER:  1625-0079.

SUMMARY:  This information is necessary to ensure compliance with the
international requirements of the STCW Convention, and to maintain an
acceptable level of quality in activities associated with training and
assessment of merchant mariners.

NEED:  Chapter 71 of 46 U.S.C. authorizes the Coast Guard to issue
regulations related to licensing of merchant mariners.  These
regulations are contained in 46 CFR chapter I, subchapter B.

FORMS:  None.

RESPONDENTS:  Owners and operators of vessels, training institutions,
and mariners.

FREQUENCY:  On occasion.

BURDEN:  The estimated burden has decreased from 31,730 hours to 29,366
hours a year due to a decrease in the estimated annual number of
responses.

CG-REG

28 Jul 2016


[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76272-76275]
[FR Doc No: 2023-24422]

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DEPARTMENT OF TRANSPORTATION

[Docket No. DOT-OST-2023-0166]

Transportation Services for Individuals With Disabilities: ADA
Standards for Transportation Facilities

AGENCY: Department of Transportation (DOT).

ACTION: Request for information on accessibility improvements for
transportation facilities.

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SUMMARY: The U.S. Department of Transportation (DOT, or Department) is
considering whether to amend the accessibility requirements for
transportation facilities under the Americans with Disabilities Act of
1990 (ADA) currently contained in Appendix A to DOT's regulations
governing transportation services for individuals with disabilities.
The Department may consider whether to improve access beyond the
minimum standards established by the U.S. Access Board

and Appendix A. The Department seeks suggestions from all
transportation stakeholders--including transportation agencies,
transportation riders (particularly those with disabilities), community
members, advocacy groups, planning officials, States, cities,
researchers and technology companies, and the private sector--on
enhancements that the Department could consider with regard to the ADA
standards for transportation buildings and facilities. The Department
specifically seeks feedback on areas including, but not limited to
vertical access, communications, and wayfinding. The Department also
invites comment on any other aspects of the current accessibility
requirements for transportation facilities under the ADA contained in
DOT's regulations governing transportation services for individuals
with disabilities.

DATES: Comments should be submitted on or before January 5, 2024. DOT
will consider comments filed after this date to the extent practicable.

ADDRESSES: You may file comments identified by docket number DOT-OST-
2023-0166 by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for submitting
comments.
     Mail: Docket Operations, U.S. Department of
Transportation, 1200 New Jersey Ave. SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Ave. SE, between 9:00 a.m. and 5:00 p.m. ET,
Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    All submissions received must include the agency name and docket
number DOT-OST-2023-0166. All comments received will be posted without
change to www.regulations.gov, including any personal information
provided. For information on DOT's compliance with the Privacy Act,
please visit https://www.transportation.gov/privacy.
    For access to the docket to read background documents or comments
received, go to www.regulations.gov at any time and search for docket
number DOT-OST-2023-0166.

FOR FURTHER INFORMATION CONTACT: For general questions, Holly Ceasar-
Fox, DOT Office of General Counsel,<PHONE_NUMBER> or
[email protected]. For program questions related to transit, John
Day, FTA Office of Civil Rights,<PHONE_NUMBER> or [email protected].
For legal questions related to transit, Bonnie Graves, FTA Office of
Chief Counsel,<PHONE_NUMBER> or [email protected]. For questions
related to intercity or high-speed rail, Alana Kuhn, FRA Office of
Chief Counsel,<PHONE_NUMBER> or [email protected].

SUPPLEMENTARY INFORMATION:

Background

    42 U.S.C. 12204 requires the Architectural and Transportation
Barriers Compliance Board (Access Board) to issue minimum guidelines
for accessibility under Titles II & III of the ADA. The ADA statute at
42 U.S.C. 12149 requires the Secretary of Transportation to develop and
implement regulations for certain public transportation facilities,
vehicles, and services consistent with the Access Board's guidelines.
The Secretary may issue regulations that result in greater
accessibility than the minimum guidelines established by the Access
Board.
    The current guidelines were developed nearly a quarter century ago
and adopted as regulatory standards by the Department in 2006.\1\ The
Department's experience administering these minimum standards for the
past two decades suggests that they have resulted in greater
accessibility than the standards \2\ that preceded them, but in many
cases extra efforts may still be required on the part of people with
disabilities to enter and use a facility. For example, accessible
entrances may be located in isolated locations away from entrances used
by members of the general public who do not require an accessible
entrance, and persons with sensory disabilities may need to rely on
information on a message board at station entrances while other members
of the general public are informed via public address systems. In other
cases, persons unable to navigate staircases may be faced with lengthy
ramps to cross from one rail platform to another. Such continuing
barriers may mean that many wheelchair users and persons with sensory,
cognitive, or processing disabilities remain dependent on paratransit
or private transportation rather than being able to use integrated
fixed route service.
---------------------------------------------------------------------------

    \1\ The Access Board published a Notice of Proposed Rulemaking
in the Federal Register on November 16, 1999, and issued the Final
Rule on July 23, 2004. The Department of Justice adopted the
standards on September 15, 2010.
    \2\ The standards adopted by the Department on September 6,
1991, were in effect until 2006.
---------------------------------------------------------------------------

    There have also been many developments such as advances in
technology since the standards were last updated, and the Department is
considering both physical access to and usability of facilities by
persons with sensory, cognitive, and other disabilities. The Department
strives to provide for equitable access to persons with disabilities
similar to that available to people without disabilities, including the
usability of the facility, so that persons with disabilities are able
to access and navigate public transit with the same ease, reliability,
and independence as any other user.
    Complaints filed by the public, feedback from the disability
community, observations of and information gathered by Departmental
employees (with and without disabilities), media articles, and the
results of the Department's oversight activities have led the
Department to solicit feedback on the current standards. For some
disabilities, such as those affecting hearing, vision, or cognitive
function, the Department is aware of technological advancements (for
example, induction loops and mobile device applications), that would
help persons with those disabilities navigate the transportation system
with ease and independence. The Department is interested in learning
more about these technologies. For other disabilities, such as those
affecting mobility, the Department seeks feedback regarding, for
example, minimum standards that rely on a single point of access that
creates a situation where a single point of failure renders an entire
facility inaccessible and unusable by persons with disabilities, while
access to nondisabled persons is unaffected. The Department is
interested in learning how transportation facilities can be designed
and constructed such that accessibility features are resilient and
always available. The Department also seeks input to assist it in
understanding the magnitude of potential access issues that may exist
in transportation facilities and therefore requests any available
information and comments stakeholders may have on the number of all
end-users, not limited to users with disabilities, who would benefit
from specific standards in 49 CFR part 37 that may be improved or
implemented.
    In addition to learning about specific standards in 49 CFR part 37
that may be improved or implemented, the Department is interested in
the end-user experience generally. These include experiences in
transportation facilities related to vertical access, communication,
wayfinding, or any other aspects of transportation facilities that
represent barriers for people with disabilities. The Department will
consider the extent to which the

Department has authority under the ADA to remove such barriers.
    Through this request for information (RFI), the Department seeks
input as it considers whether to revise the existing DOT ADA
requirements for transportation buildings and facilities including
public transportation and intercity rail transportation (including
Amtrak). The Department poses seven questions below and looks forward
to feedback from all interested parties.

Vertical Access

    1. It has become increasingly apparent that elevator maintenance
and reliability are a critical component of ensuring the accessibility
of a multi-level transportation facility such as subway and rail
stations. While the existing DOT ADA regulations require accessibility
features to be maintained in working order, repairs can be complex and
many entities do not have employees with the skillset necessary to
repair an elevator or the necessary components readily available, which
can add a level of difficulty to the repair process.\3\ Thus,
unreliable elevators create operational and administrative burdens for
entities covered by DOT's ADA regulations and can render transportation
facilities inaccessible for users for extended durations. The
Department is interested in learning about standards that would ensure
elevator reliability in transportation facilities.
---------------------------------------------------------------------------

    \3\ The Department recognizes that many elevator manufacturers
require that only their employees work on the elevator, and that
there are examples of arrangements where the third-party repair
person is available 7 days a week, 24 hours per day, but the
Department is also aware of arrangements where same-day, after
hours, weekend, or holiday service is not guaranteed (or is charged
at a premium).
---------------------------------------------------------------------------

    2. Elevators that are frequently out of service significantly
impact the ability of persons who cannot negotiate stairs to use such
transportation services. As a result, the Department understands that
many agencies involved in the construction or alteration of stations
initially plan for two or more elevators per bank instead of just one,
so that the station is not rendered inaccessible when one elevator
requires maintenance or repair. Despite planners' intentions, budgetary
considerations often result in the minimum legally required (not just
for accessibility), which means only a single elevator is provided. The
Department seeks public input on the impacts of the installation, for
future construction and alterations, of at least two elevators in
transportation facilities, or a combination of ramps and elevators,
where currently one elevator is required.
    3. Many commuter and intercity rail stations rely on long switch-
back ramps to provide an accessible route between platforms on either
side of the tracks, or to multiple platforms within a station. These
ramps, which can be hundreds of feet long, often present a barrier to
persons who cannot negotiate steps, but also cannot travel the
distances required to traverse the ramp. However, the simplicity of a
non-mechanical ramp means that maintenance costs are relatively low and
repairs are few and far between, unlike more complex elevators. The
Department is seeking comment on the use of elevators in lieu of ramps
in transportation facilities, or a single elevator in addition to the
ramp, if the vertical distance or ramp length exceeds a certain
threshold, including information on an appropriate threshold.

Communications

    4. The Department of Justice's current ADA standards for buildings
and facilities contain provisions requiring assistive listening systems
in assembly areas. See 28 CFR 35.151(c)(3); 36 CFR pt. 1191, app. B at
344. The Department seeks comment on the feasibility of extending such
requirements to transportation facilities such as rail stations to
enable real-time announcements for persons who are deaf or hard of
hearing or because of their disability rely on text-based
communications to access information. Current requirements for
transportation facilities stipulate only that the same information
provided audibly must be provided visually. This often takes the form
of messages written on a dry-erase board in the station entrance by
personnel or information relayed directly to the passenger by
personnel, which prevents the transmission of real-time announcements
that often relate to service changes or safety/security matters, forces
passengers who are deaf or hard of hearing to identify themselves, is
not reliable at larger stations with multiple entrances, and is not
possible at unstaffed stations. The Department is aware that induction
loop technology is in use in some stations, enabling those with a T-
coil in their hearing aids to receive messages directly, but seeks
comment on how widespread this technology is used among deaf and hard
of hearing persons. The Department also seeks comment on other
technologies that may provide the same benefit to the same or a larger
audience at transportation facilities, such as real-time text-
messaging.
    5. The Department also seeks comment on other means by which the
content of audible announcements of the type typically relayed by
public address systems at transportation facilities can be provided in
real-time in a visual format, such as changeable electronic message
boards, as well as information pertaining to the number and placement
of necessary displays throughout a station environment, including
spacing, scale, and frequency.
    6. In addition, the Department seeks comment on technologies that
can provide an audible component to information currently displayed in
visual format at transportation facilities. For example, many transit
systems and intercity stations use changeable electronic message
displays to communicate information about the next train scheduled to
arrive at a station, such as the line, number of cars, and estimated
time of arrival. Most such systems lack an audible component to make
this information accessible to individuals who are blind or have low
vision. What commercially available technologies might be appropriate
for deployment in a transit, Amtrak, or commuter rail station
environment to convey information provided visually in an audible
format? How should such information be broadcast? Would an interface
with a smart device be appropriate or sufficient, or should an audible
component be provided directly on the station's display device?

Wayfinding

    7. The Department seeks comment on technologies to enable effective
wayfinding within the transit station, intercity and commuter rail
station environments for persons who are blind or have low vision, and
to accommodate neurodiversity (e.g., autism, intellectual disability,
etc.). The Department is aware of technologies capable of real-time
transcription of speech and those involving the use of Bluetooth
beacons that interface with smart devices and seeks comment on the
usability of such systems from the end-user perspective. The Department
is also interested in alternative technologies that may be available,
potentially without the use of handheld devices, and the acceptance of
technologies that do rely on such devices within the general community
of persons who are blind, have low-vision, and/or are neurodiverse.

General

    In addition, the Department invites comment on all other areas of
the current DOT ADA standards, found in Appendix A to 49 CFR part 37,
which govern rail stations and stops of all types, bus stops and
transfer stations, landside facilities, office buildings housing
transit agency personnel,

conference facilities of the type often employed for board meetings and
public hearings, businesses housed in transit facilities, and
individual elements such as track crossings, ramps, parking lots and
structures, fare vending machines and collection equipment, and
accessible paths of travel. If the public has information on how these
standards do or do not currently support equitable access, please
submit comments to the docket for this rulemaking activity.
    All interested parties are encouraged to respond to this RFI.
Submissions are strictly voluntary. Individuals or entities responding
to this RFI should state their role as well as knowledge of and
experience with the ADA in a transportation environment. DOT may
request additional clarifying information from any or all respondents.
If a respondent does not wish to be contacted by DOT for additional
information, a statement to that effect should be included in the
response. All information submitted should be unclassified and should
not contain proprietary information, as it will be posted to
www.regulations.gov without changes.
    DOT is not obligated to officially respond to the information
received, but the responses will assist DOT in its consideration of
whether to revise the ADA standards for transportation buildings and
facilities.
    Comments may be submitted and viewed at Docket No. DOT-OST-2023-
0166 at https://www.regulations.gov.

    Signed pursuant to authority delegated at 49 CFR 1.27(a) on
October 31, 2023.
Subash S. Iyer,
Acting General Counsel, Department of Transportation.
[FR Doc. 2023-24422 Filed 11-3-23; 8:45 am]
BILLING CODE 4910-57-P


[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Notices]
[Page 45876]
[FR Doc No: 2017-21086]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4334-DR; Docket ID FEMA-2017-0001]

Iowa; Amendment No. 2 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Iowa (FEMA-4334-DR), dated August 27, 2017, and
related determinations.

DATES: This amendment was issued September 25, 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: The notice of a major disaster declaration
for the State of Iowa is hereby amended to include the following areas
among those areas determined to have been adversely affected by the
event declared a major disaster by the President in his declaration of
August 27, 2017.

    Dubuque and Winneshiek Counties for Public Assistance.

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. 2017-21086 Filed 9-29-17; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register: April 22, 2008 (Volume 73, Number 78)]
[Notices]
[Page 21685-21686]
[DOCID:fr22ap08-96]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0038]

Agency Information Collection Activities; New Information
Collection: Survey of Over-the-Road Bus Companies About Accessible
Transportation for Individuals With Disabilities

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: The FMCSA invites comments about our intention to request the
Office of Management and Budget (OMB) to approve a new Information
Collection Request (ICR). The new ICR is associated with a review of
the Americans with Disabilities Act of 1990 (ADA) implementing
regulations for over-the-road bus companies, contained in 49 CFR part
37 subpart H. The regulatory review is required by section 37.215. The
collected information would assist DOT with the decision to modify or
retain the requirements contained in the ADA regulations. This notice
is required by the Paperwork Reduction Act of 1995.

DATES: Comments must be submitted on or before June 23, 2008.

ADDRESSES: You may submit comments bearing the Department of
Transportation (DOT) Docket Management System (DMS) Docket Number FMCSA
Docket Number FMCSA-2008-0038 using any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590-0001 between 9 a.m.
and 5 p.m., e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this Notice. Note that DOT posts all comments received without
change to http://www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below:

    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The DMS is available 24 hours each day, 365
days each year. If you want acknowledgement that we received your
comments, please include a self-addressed, stamped envelope or post
card or print the acknowledgement page that appears after submitting
on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register on April 11, 2000 (65 FR 19477-78; Apr. 11, 2000). This
information is also available at http://Docketinfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Peter Chandler, Federal Motor
Carrier Safety Administration, Office of Enforcement and Compliance,
Commercial Passenger Carrier Safety Division, 1200 New Jersey Avenue,
SE., Washington, DC 20590. Telephone:<PHONE_NUMBER>, or e-mail
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Background: On September 28, 1998, DOT issued final regulations, in
response to the ADA, which required operators of over-the-road buses to
provide service accessible (OTRBs) to persons with disabilities and to
ensure that all new OTRBs were accessible to such persons, including
those who use wheelchairs. DOT is required by 49 CFR 37.215 to review
the various requirements within the ADA regulations for OTRB companies.
As part of this review, DOT is required to consider certain factors,
including the percentage of accessible ORTBs in the fleets of OTRB
companies, the success of such companies at meeting the requests of
passengers with disabilities for accessible OTRBs in a timely manner,
ridership of OTRBs by passengers with disabilities, volume of
complaints by passengers with disabilities, and the cost and service
impacts of these requirements. After the review, DOT is required to
decide whether it is appropriate to revise the ADA regulations for OTRB
companies (i.e. whether certain provisions of the ADA regulations
should be removed, modified, or made more stringent). DOT has a
currently approved information collection under control number 2100-
0019 to provide the Agency with data for use in its review of the ADA-
related requirements and to monitor compliance by OTRB companies. Such
data are reported to FMCSA. For the section 37.215 review, FMCSA is
providing data and analytical support to the DOT's Office of the
Secretary. Additional data collection from OTRB companies is necessary
in order for DOT to conduct an effective review and make an informed
regulatory policy decision. Specifically, data about bus fleet
accessibility, fulfillment of accessible bus requests, and ridership
and volume of complaints by passengers with disabilities, are needed
from OTRB companies. FMCSA would send letters to approximately 3,800
registered OTRB companies that will be requested to complete and submit
an enclosed form.
    Title: Survey of Over-the-Road Bus Companies about Accessible
Transportation for Individuals with Disabilities.
    Type of Information Collection Request: New information collection.
    Respondents: Private entities that operate OTRBs, are primarily in
the business of transporting people, and whose operations affect
commerce.
    Estimated Number of Respondents: 3,800.
    Estimated Time per Response: The estimated average burden per
response is 15 minutes.
    Estimated Total Annual Burden: 950 hours [3,800 responses x 15
minutes/60 minutes per response = 950 hours].
    Frequency of Response: This proposed information collection is
planned to be conducted only once in a year. FMCSA may request the
information be reported a second time 12 months after the initial
request for a second 12-month period of data. A decision to request the
information for a second time will be based upon the number of
responses and the content of such responses to the initial request.
    Public Comments Invited: Interested parties are invited to send
comments regarding any aspect of this information collection, including
but not limited to: (1) Whether the proposed collection is necessary
for the performance of DOT's functions; (2) the accuracy of the
estimated burden; (3) ways to enhance the quality, usefulness, and
clarity of the collected information; and (4) ways to minimize the
collection burden without reducing the quality of the collected
information. Comments submitted in response to this notice will be
summarized and/or included in the request for OMB's clearance for this
information collection.

    Issued on: April 14, 2008.
Michael S. Griffith,
Acting Associate Administrator, Research and Information Technology.
[FR Doc. E8-8670 Filed 4-21-08; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register Volume 87, Number 90 (Tuesday, May 10, 2022)]
[Rules and Regulations]
[Page 27943]
[FR Doc No: 2022-10007]

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

Coast Guard

33 CFR Part 100

[Docket No. USCG-2022-0271]

Special Local Regulations; Annual Les Cheneaux Islands Antique
Wooden Boat Show; Hessel, MI

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notification of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the Annual Les Cheneaux Islands
Antique Wooden Boat Show special local regulation on Marquette Bay,
Hessel, MI, to protect the safety of life and property on navigable
waters prior to, during, and immediately after this event. During the
enforcement period, entry into, transiting, or anchoring within the
regulated area is prohibited unless authorized by the Captain of the
Port Sault Sainte Marie or a designated representative.

DATES: The regulations in 33 CFR 100.922 will be enforced from 6 a.m.
through 8 p.m. on August 13, 2022.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email LT Deaven Palenzuela, Chief
of Waterways Management Division, U.S. Coast Guard; telephone 906-635-
3223, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special
local regulations in 33 CFR 100.922 for the Annual Les Cheneaux Islands
Antique Wooden Boat Show in Hessel, MI, from 6 a.m. through 8 p.m. on
August 13, 2022. This action is being taken to protect the safety of
life and property on navigable waters prior to, during, and immediately
after the event. Our special local regulations for the annual Les
Cheneaux Islands Antique Wooden Boat Show Sec.  100.922, specifies the
location of the regulated area which encompasses portions of Marquette
Bay, Hessel, MI. During the enforcement period, all vessels while in
the regulated area will operate at a no wake speed and follow the
directions of the on-scene patrol commander. The Coast Guard may be
assisted by other Federal, State, or local law enforcement agencies in
enforcing this regulation.
    In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via the Local Notice to Mariners and/or marine
information broadcasts.

    Dated: May 3, 2022.
A.R. Jones,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2022-10007 Filed 5-9-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Notices]
[Pages 42817-42818]
[FR Doc No: 2021-16600]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ21-11-000]

Orlando Utilities Commission; Notice of Filing

    Take notice that on July 29, 2021, Orlando Utilities Commission
submitted its tariff filing: Revised Non-Jurisdictional Rate Sheets
Open Access Transmission Tariff (Schedules 7, 8, and Attachment H)
2021, to be effective 10/1/2021.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    In addition to publishing the full text of this document in the
Federal

Register, the Commission provides all interested persons an opportunity
to view and/or print the contents of this document via the internet
through the Commission's Home Page (http://www.ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Comment Date: 5:00 p.m. Eastern Time on August 19, 2021.

    Dated: July 29, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-16600 Filed 8-4-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 52 (Monday, March 18, 2019)]
[Notices]
[Pages 9795-9796]
[FR Doc No: 2019-05009]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2014-0086; FRL-9990-10-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Flexible Polyurethane Foam
Fabrication (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), NESHAP for Flexible Polyurethane
Foam Fabrication (EPA ICR No. 2027.07, OMB Control No. 2060-0516), to
the Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act. This is a proposed
extension of the ICR, which is currently approved through March 31,
2019. Public comments were previously requested, via the Federal
Register, on May 30, 2018 during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An agency may neither conduct nor sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before April 17,
2019.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2014-0086, to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov, or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Integrated Iron and Steel Manufacturing
Facilities (40 CFR part 63, subpart FFFFF) apply to new and existing
sinter plants, blast furnaces, and basic oxygen process furnace shops
at integrated iron and steel manufacturing facilities that are major
sources of hazardous air pollutants (HAPs) or are co-located at major
sources. New facilities include those that commenced either
construction or reconstruction after the date of proposal. In general,
all NESHAP standards require initial notifications, performance tests,
and periodic reports by the owners/operators of the affected
facilities. They are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. These notifications, reports, and
records are essential in determining compliance, and are required of
all affected facilities subject to NESHAP. This information is being
collected to assure compliance with 40 CFR part 63, subpart FFFFF.
    Form Numbers: None.
    Respondents/affected entities: Flexible polyurethane foam
fabrication facilities.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart MMMMM).
    Estimated number of respondents: 20 (total).
    Frequency of response: Initially, occasionally, semiannually, and
annually.
    Total estimated burden: 22,200 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $2,560,000 (per year), which includes $34,500
in annualized capital/startup and/or operation & maintenance costs.

    Changes in the Estimates: There is an increase in the total
estimated respondent burden compared with the ICR currently approved by
OMB. The increase in burden is not due to any program changes, but is
due to an adjustment. The adjustment increase in burden from the most-
recently approved ICR is due to an increase in the number of new or
modified sources due to continued industry growth. In addition, the
burden estimate for reading and understanding the rule requirements was
adjusted to reflect the time it would take existing respondents to
review the rule each year. The overall result is an increase in burden
and costs.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2019-05009 Filed 3-15-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Rules and Regulations]
[Pages 63923-63926]
[FR Doc No: 2015-26958]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0893]
RIN 1625-AA00

Safety Zone; Mississippi River Between Mile 467.0 and 472.0;
Transylvania, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing an emergency temporary safety
zone for all waters of the Lower Mississippi River between mile 467.0
and 472.0. Transit into and through this area is prohibited beginning
at 11:32 p.m. on September 10, 2015 and will continue through October
31, 2015 or until the width and depth of the navigational channel
improves. This safety zone is needed to protect persons, property and
infrastructure from the safety hazards associated with the navigational
channel being reduced in width and depth due to shallow water and
shifting shoals. This has created an especially hazardous situation
that does not allow for normal transit through this reach of the river.
Deviation from the safety zone is prohibited unless specifically
authorized by the Captain of the Port (COTP) Lower Mississippi River or
a designated representative.

DATES: This rule is effective without actual notice from October 22,
2015 until 11:59 p.m. on October 31, 2015. For purposes of enforcement,
actual notice will be used from 11:32 p.m. on September 10, 2015 until
October 22, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0893]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Tyrone L. Conner, U.S. Coast Guard; telephone 901-521-
4825, email<EMAIL_ADDRESS>If you have questions on viewing
or submitting material to the docket, call Cheryl F. Collins, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

APA Administrative Procedures Act
BNM Broadcast Notice to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
MM Mile Marker
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule.
    On September 10, 2015 the Coast Guard was notified that shallow
water and shifting shoals have reduced the width and depth of the
navigational channel, creating an especially hazardous situation that
does not to allow for normal transit through this reach of the river.
This safety zone may include waterways closures, navigation
restrictions, and/or other requirements that are vital to maintaining
safe navigation. Accordingly, the Coast Guard has determined that
immediate and emergency action is necessary to restrict navigation on
this stretch of the river.
    Therefore, it is impracticable to publish an NPRM because we must
establish this safety zone by September 10, 2015. Broadcast Notices to
Mariners (BNM) and information sharing with the waterway users will
update mariners of the restrictions, requirements, and enforcement
times during this emergency situation.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this emergency rule effective
less than 30 days after publication in the Federal Register. Delaying
the effect date of this rule would be contrary to public interest
because immediate action is needed to protect life and property from
the hazards associated with and resulting from the navigational channel
being reduced in width and depth due to shallow water and shifting
shoals. This situation has created an especially hazardous situation
that does not to allow for normal transit through this reach of the
river. Accordingly, the Coast Guard has determined that immediate and
emergency action is necessary to restrict navigation on this stretch of
the river.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1; 6.04-1, 6.04-6, and 160.5;
Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define safety
zones.
    The purpose of this emergency safety zone is to protect life and
property from safety hazards associated with the navigational channel
being reduced in width and depth due to shallow water and shifting
shoals. This situation poses significant safety hazards to vessels and
mariners operating in the area. Establishing a safety zone that may
include waterways closures, navigation restrictions, and/or other
requirements that extends from mile 467.0 to mile 472.0 on Mississippi
River is necessary for the Coast Guard to maintain navigational safety.

C. Discussion of the Temporary Final Rule

    The Coast Guard is establishing a temporary emergency safety zone
for all vessel traffic on the Mississippi River between mile 467.0 and
mile 472.0, extending the entire width of the Mississippi River.
Transit into and through this area is prohibited beginning at 11:32
p.m. on September 10, 2015 and will continue through October 31, 2015
or until navigational channel width and depth is improved and response
efforts are complete. Deviation from this emergency safety zone is
prohibited unless specifically authorized by the COTP Lower Mississippi
River, or a designated representative. Deviation requests will be
considered and reviewed on a case-by-case basis. The COTP Lower
Mississippi River may be contacted by telephone at 1-901-521-4822 or
can be reached by VHF-FM channel 16.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This rule establishes a
temporary emergency safety zone for

vessels on all waters of the Mississippi River from mile 467.0 to mile
472.0. Notifications of enforcement times will be communicated to the
marine community via BNM and through Local Notice to Mariners (LNM).
The impacts on navigation will be limited to ensuring the safety of
mariners and vessels associated with hazards associated with the
navigational channel being reduced in width, depth, shoaling, swift
currents, and stream eddies.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
the Mississippi River, from 11:32 p.m. on September 10, 2015 to 11:59
p.m. on October 31, 2015. This emergency safety zone will not have a
significant economic impact on a substantial number of small entities
due to its limited scope and short duration. Additionally, requests to
deviate from the rule will be considered on a case-by-case basis.
Notifications to the marine community will be made through BNM, LNM,
and communications with local waterway users. Notices of changes to the
safety zone and effective times will also be made.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction.
Because this safety zone is established in response to an emergency
situation and is less than one week in duration, an environmental
analysis checklist and a categorical exclusion determination are not
required. Should this emergency situation require a safety zone lasting
longer than one week, an environmental analysis checklist and a
categorical exclusion determination will be made available as indicated
under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

    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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1; 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. A new temporary Sec.  165.T08-0893 is added to read as follows:

Sec.  165.T08-0893  Safety Zone; Mississippi River between mile 467.0
and 472.0, Transylvania, LA.

    (a) Location. The following area is a safety zone: All waters of
the Mississippi River between mile 467.0 and mile 472.0, Transylvania,
LA, extending the entire width of the Mississippi River.
    (b) Effective and Enforcement Period. This rule is effective from
11:32 p.m. on September 10, 2015 until 11:59 p.m. on October 31, 2015,
or unless the width and depth of the river improve earlier and response
efforts are complete, whichever occurs earlier.
    (c) 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 (COTP) Lower Mississippi River or
a designated representative.
    (2) Persons or vessels desiring to enter into or passage through
the zone must request permission from the COTP Lower Mississippi River
or a designated representative. They may be contacted on VHF-FM channel
16 or by telephone at<PHONE_NUMBER>.
    (3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP Lower Mississippi River or designated
representative.
    (d) Informational Broadcasts. The COTP Lower Mississippi River or a
designated representative will inform the public through broadcast
notices to mariners of the enforcement period for the emergency safety
zone as well as any changes in the dates and times of enforcement.

    Dated: September 10,2015.
T.J. Wendt,
Captain, U.S. Coast Guard, Captain of the Port, Lower Mississippi
River.
[FR Doc. 2015-26958 Filed 10-21-15; 8:45 am]
BILLING CODE 9110-04-P