[Federal Register: May 28, 2010 (Volume 75, Number 103)]
[Rules and Regulations]
[Page 29886-29889]
[DOCID:fr28my10-3]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-0307]
RIN 1625-AA08

Special Local Regulation for Marine Events; Temporary Change of
Dates for Recurring Marine Events in the Fifth Coast Guard District

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will temporarily change the enforcement period
of special local regulations for recurring marine events in the Fifth
Coast Guard District. These regulations apply to only one recurring
marine event that conducts various river boat races and a parade.
Special local regulations are necessary to provide for the safety of
life on navigable waters during the event. This action is intended to
restrict vessel traffic in portions of the Southern Branch, Elizabeth
River, VA during the event.

DATES: This rule is effective from June 11, 2010, through June 13,
2010.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0307 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0307 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail LT Tiffany Duffy, Project Manager,
Sector Hampton Roads, Waterways Management Division, Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because delaying the effective date would be
contrary to the public interest since immediate action is needed to
ensure the public's safety during the 34th Annual Norfolk Harborfest
Celebration.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date would
be contrary to the public interest since immediate action is needed to
ensure the public's safety during 34th Annual Norfolk Harborfest
Celebration.

Basis and Purpose

    Marine events are frequently held on the navigable waters within
the boundary of the Fifth Coast Guard District. The on water activities
that typically comprise marine events include sailing regattas, power
boat races, swim races and holiday boat parades. For a description of
the geographical area of each Coast Guard Sector--Captain of the Port
Zone, please see 33 CFR 3.25.
    This regulation temporarily changes the enforcement period of
special local regulations for recurring marine events within the Fifth
Coast Guard District. This regulation applies to one marine event in 33
CFR 100.501, Table to Sec.  100.501.
    On June 11, 12, and 13, 2010, Norfolk Festevents Ltd. will sponsor
the ``34th Annual Norfolk Harborfest Celebration'' on the waters of the
Southern Branch of the Elizabeth River near Norfolk, Virginia. The
regulation at 33 CFR 100.501 is effective annually for this marine
event. The event will consist of several boat races and parades on the
Southern Branch of the Elizabeth River in the vicinity of Town Point
Reach, Norfolk, Virginia. A fleet of spectator vessels is expected to
gather near the

event site to view the competition. To provide for the safety of
participants, spectators, support and transiting vessels, the Coast
Guard will temporarily restrict vessel traffic in the event area during
the river boat races and parade. The regulation at 33 CFR 100.501 would
be enforced for the duration of the event. Under provisions of 33 CFR
100.501, on June 11, 12, and 13, 2010, vessels may not enter the
regulated area unless they receive permission from the Coast Guard
Patrol Commander.

Discussion of Rule

    The Coast Guard is establishing a temporary special local
regulation on specified waters of the Southern Branch, Elizabeth River,
near Norfolk, Virginia. The regulated area will be established in the
interest of public safety during the 34th Annual Norfolk Harborfest
Celebration, and will be enforced on June 11, 12, and 13, 2010. Access
to the regulated area will be restricted during the specified dates or
until the river boat races and parades are complete, whichever is
sooner. Except for participants and vessels authorized by the Captain
of the Port or his Representative, no person or vessel may enter or
remain in the regulated area.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    Although this rule prevents traffic from transiting a portion of
certain waterways during specified events, the effect of this
regulation will not be significant due to the limited duration that the
regulated area will be in effect and the extensive advance
notifications that will be made to the maritime community via marine
information broadcasts, local radio stations and area newspapers so
mariners can adjust their plans accordingly. Additionally, this
rulemaking does not change the permanent regulated areas that have been
published in 33 CFR 100.501, Table to Sec.  100.501. In some cases
vessel traffic may be able to transit the regulated area when the Coast
Guard Patrol Commander deems it is safe to do so.

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 will
not have a significant economic impact on a substantial number of small
entities.
    This rule would affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in the areas where marine events are being held. This
regulation will not have a significant impact on a substantial number
of small entities because it will be enforced only during marine events
that have been permitted by the Coast Guard Captain of the Port. The
Captain of the Port will ensure that small entities are able to operate
in the areas where events are occurring when it is safe to do so. In
some cases, vessels will be able to safely transit around the regulated
area at various times, and, with the permission of the Patrol
Commander, vessels may transit through the regulated area. Before the
enforcement period, the Coast Guard will issue maritime advisories so
mariners can adjust their plans accordingly.

Assistance for Small Entities

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

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian

tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes.

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(h), of
the Instruction. This rule involves implementation of regulations
within 33 CFR Part 100 that apply to organized marine events on the
navigable waters of the United States that may have potential for
negative impact on the safety or other interest of waterway users and
shore side activities in the event area. The category of water
activities includes but is not limited to sail boat regattas, boat
parades, power boat racing, swimming events, crew racing, and sail
board racing.
    Under figure 2-1, paragraph (34)(h), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.

List of Subjects in 33 CFR Part 100

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. In Sec.  100.501, suspend line No. 37 in the Table to Sec.  100.501
from June 11, 2010, through June 13, 2010.
0
3. In Sec.  100.501, from June 11, 2010, through June 13, 2010, add
line No. 62 in Table to Sec.  100.501 to read as follows:

Sec.  100.501  Special Local Regulations; Marine Events in the Fifth
Coast Guard District.

* * * * *
    Table To Sec.  100.501.--All coordinates listed in the Table to
Sec.  100.501 reference Datum NAD 1983.

                                   Coast Guard Sector Hampton Roads--COTP Zone
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             No.                     Date            Event           Sponsor                 Location
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                                                  * * * * * * *
62...........................  June 11-June     Norfolk          Norfolk          The waters of the Elizabeth
                                13, 2010.        Harborfest.      Festevents Ltd.  River and its branches from
                                                                                shore to shore, bounded to
                                                                                the northwest by a line drawn
                                                                                across the Port Norfolk Reach
                                                                                section of the Elizabeth
                                                                                River between the northern
                                                                                corner of the landing at
                                                                                Hospital Point, Portsmouth,
                                                                                Virginia, latitude
                                                                                36[deg]50'51.0'' N, longitude
                                                                                076[deg]18'09.0'' W and the
                                                                                north corner of the City of
                                                                                Norfolk Mooring Pier at the
                                                                                foot of Brooks Avenue located
                                                                                at latitude 36[deg]51'00.0''
                                                                                N, longitude
                                                                                076[deg]17'52.0'' W; bounded
                                                                                on the southwest by a line
                                                                                drawn from the southern
                                                                                corner of the landing at
                                                                                Hospital Point, Portsmouth,
                                                                                Virginia, at latitude
                                                                                36[deg]50'50.0'' N, longitude
                                                                                076[deg]18'10.0'' W, to the
                                                                                northern end of the eastern
                                                                                most pier at the Tidewater
                                                                                Yacht Agency Marina, located
                                                                                at latitude 36[deg]50'29.0''
                                                                                N, longitude
                                                                                076[deg]17'52.0'' W; bounded
                                                                                to the south by a line drawn
                                                                                across the Lower Reach of the
                                                                                Southern Branch of the
                                                                                Elizabeth River, between the
                                                                                Portsmouth Lightship Museum
                                                                                located at the foot of London
                                                                                Boulevard, in Portsmouth,
                                                                                Virginia, at latitude
                                                                                36[deg]50'10.0'' N, longitude
                                                                                076[deg]17'47.0'' W, and the
                                                                                northwest corner of the
                                                                                Norfolk Shipbuilding &
                                                                                Drydock, Berkley Plant, Pier
                                                                                No. 1, located at latitude
                                                                                36[deg]50'08.0'' N, longitude
                                                                                076[deg]17'39.0'' W; and to
                                                                                the southeast by the Berkley
                                                                                Bridge which crosses the
                                                                                Eastern Branch of the
                                                                                Elizabeth River between
                                                                                Berkley at latitude
                                                                                36[deg]50'21.5'' N, longitude
                                                                                076[deg]17'14.5'' W, and
                                                                                Norfolk at latitude
                                                                                36[deg]50'35.0'' N, longitude
                                                                                076[deg]17'10.0'' W.
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    Dated: May 12, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. 2010-12846 Filed 5-27-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Notices]
[Pages 23451-23452]
[FR Doc No: 2018-10753]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC18-13-000]

Commission Information Collection Activities (FERC-537); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of information collection and request for comments.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on the currently approved
information collection, FERC-537 (Gas Pipeline Certificates:
Construction, Acquisition, and Abandonment).

DATES: Comments on the collection of information are due July 20, 2018.

ADDRESSES: You may submit comments (identified by Docket No. IC18-13-
000) by either of the following methods:
     eFiling at Commission's website: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at [email protected], or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
[email protected], telephone at<PHONE_NUMBER>, and fax at (202)
273-0873.

SUPPLEMENTARY INFORMATION:
    Title: FERC-537 (Gas Pipeline Certificates: Construction,
Acquisition, and Abandonment.
    OMB Control No.: 1902-0060.
    Type of Request: Three-year extension of the FERC-537 information
collection requirements with no changes to the current reporting
requirements.
    Abstract: The FERC-537 information collection requires natural gas
companies to file the necessary information with FERC in order for the
Commission to determine if the requested certificate should be
authorized. Certain self-implementing construction and abandonment
programs do not require the filing of applications. However, those
types of programs do require the filing of annual reports, so many less
significant actions can be reported in a single filing/response and
less detail would be required.
    The data required to be submitted in a normal certificate filing
consists of identification of the company and responsible officials,
factors considered in the location of the facilities and the impact on
the area for environmental considerations. Also to be submitted are the
following, as applicable to the specific request:
     Flow diagrams showing the design capacity for engineering
design verification and safety determination;
     Cost of proposed facilities, plans for financing, and
estimated revenues and expenses related to the proposed facility for
accounting and financial evaluation.
     Existing and proposed storage capacity and pressures and
reservoir engineering studies for requests to increase storage
capacity;
     An affidavit showing the consent of existing customers for
abandonment of service requests.
    Additionally, requests for an increase of pipeline capacity must
include a statement that demonstrates compliance with the Commission's
Certificate Policy Statement by making a showing that the cost of the
expansion will not be subsidized by existing customers and that there
will not be adverse economic impacts to existing customers, competing
pipelines or their customers, nor to landowners and to surrounding
communities.
    Type of Respondents: Natural gas companies.
    Estimate of Annual Burden: \1\ The Commission estimates the annual
public reporting burden for the information collection as:
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    \1\ ``Burden'' is defined as 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. For further explanation of what is included in the
information collection burden, reference 5 Code of Federal
Regulations 1320.3.

                                                                        FERC-537
                                         [Gas pipeline certificates: Construction, acquisition, and abandonment]
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                                                       Annual  number
                                          Number of     of  responses   Total  number      Average burden and      Total annual  burden      Cost per
                                         respondents         per        of  responses    cost per  response \2\  hours and  total annual    respondent
                                                         respondent                                                        cost
                                                  (1)             (2)  (1) * (2) = (3)  (4)....................  (3) * (4) = (5)........   (5) / (1) \3\
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18 CFR 157.5-.11 (Interstate                       52            1.19               62  500 hrs.; $39,500......  31,000; $2,449,000.....         $47,096
 Certificate and Abandonment
 Applications).
18 CFR 157.53 (Pipeline Purging/                    1               1                1  50 hrs.; $3,950........  50 hrs.; $3,950........           3,950
 Testing Exemptions).
18 CFR 157.201-.209; 157.211; 157.214-             21            1.86               39  200 hrs; $15,800.......  7,800 hrs.; $616,200...          29,343
 .218 (Blanket Certificates Prior to
 Notice Filings).
18 CFR 157.201-.209; 157.211; 157.214-            129        \4\ 1.05              135  50 hrs.; $3,950........  6,750 hrs.; $533,250...           4,134
 .218 (Blanket Certificates--Annual
 Reports).

18 CFR 284.11 (NGPA Section 311                    83        \5\ 1.01               84  50 hrs.; $3,950........  4,200 hrs.; $331,800...           3,998
 Construction--Annual Reports).
18 CFR 284.8.........................             178               0                0  N/A....................  N/A....................             N/A
18 CFR 284.13(e) and 284.126(a)                     2               1                2  30 hrs.; $2,370........  60 hrs.; $4,740........           2,370
 (Interstate and Intrastate Bypass
 Notice).
18 CFR 284.221 (Blanket Certificates)               5         \7\ 1.4                7  100 hrs.; $7,900.......  700 hrs.; $55,300......          11,060
 \6\.
18 CFR 224 (Hinshaw Blanket                         2               1                2  75 hrs.; $5,925........  150 hrs.; $11,850......           5,925
 Certificates).
18 CFR 157.5-.11; 157.13-.20 (Non-                  3               1                3  75 hrs.; $5,925........  225 hrs.; $17,775......           5,925
 facility Certificate or Abandonment
 Applications).
                                      ------------------------------------------------------------------------------------------------------------------
    Total............................  ..............  ..............          \8\ 335  .......................  50,935 hrs.; $4,023,865  ..............
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    Comments: Comments are invited on: (1) Kwhether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.\\
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    \2\ The estimates for cost per response are derived using the
following formula: Average Burden Hours per Response * $79.00/hour =
Average cost/response. The figure is the 2018 FERC average hourly
cost (for wages and benefits) of $79.00 (and an average annual
salary of $164,820/year). Commission staff is using the FERC average
salary because we consider any reporting requirements completed in
response to the FERC-537 to be compensated at rates similar to the
work of FERC employees.
    \3\ Each of the figures in this column are rounded to the
nearest dollar.
    \4\ This figure was derived from 135 responses / 129 respondents
= 1.046 or ~1.05 responses/respondent.
    \5\ This figure was derived from 84 responses / 83 respondents =
1.012 or ~1.01 responses/respondent.
    \6\ One-time filings, new tariff and rate design proposal, or
request for exemptions.
    \7\ This figure was derived from 7 responses / 5 respondents =
1.4 responses/respondent.
    \8\ The 335 responses are derived from 214 individual
respondents.

     Dated: May 14, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-10753 Filed 5-18-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 111 (Friday, June 8, 2012)]
[Notices]
[Pages 34108-34110]
[FR Doc No: 2012-13896]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67106; File No. SR-Phlx-2012-74]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Extending
the Pilot Period To Allow Cabinet Trading To Take Place Below $1 per
Option Contract

June 4, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on May 29, 2012, NASDAQ OMX PHLX LLC (``Phlx'' or the ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Exchange has designated the
proposed rule change as constituting a non-controversial rule change
under Rule 19b-4(f)(6) under the Act,\3\ which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange submits this proposed rule change to extend the pilot
program in Rule 1059, Accommodation Transactions, to allow cabinet
trading to take place below $1 per option contract under specified
circumstances (the ``pilot program'').

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

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

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

1. Purpose
    The Exchange proposes to extend the pilot program in Commentary .02
of Exchange Rule 1059, Accommodation Transactions, which sets forth
specific procedures for engaging in cabinet trades, to allow the
Commission adequate time to consider permanently allowing transactions
to take place on the Exchange in open outcry at a price of at least $0
but less than $1 per option contract.\4\ Prior to the pilot program,
Rule 1059 required that all orders placed in the cabinet were assigned
priority based upon the sequence in which such orders were received by
the specialist. All closing bids and offers would be submitted to the
specialist in writing, and the specialist effected all closing cabinet
transactions by matching such orders placed with him. Bids or offers on
orders to open for the accounts of customer, firm, specialists and ROTs
could be made at $1 per option contract, but such orders could not be
placed in and must yield to all orders in the cabinet. Specialists
effected all cabinet transactions by matching closing purchase or sale
orders which were placed in the cabinet or, provided there was no
matching closing purchase or sale order in the cabinet, by matching a
closing purchase or sale order in the cabinet with an opening purchase
or sale order.\5\ All cabinet transactions were reported to the
Exchange following the close of each business day.\6\ Any (i) Member,
(ii) member organization, or (iii) other person who was a non-member
broker or dealer and who directly or indirectly controlled, was
controlled by, or was under common control with, a member or member
organization (any such other person being referred to as an affiliated
person) could effect any transaction as principal in the over-the-
counter market in any class of option contracts listed on the Exchange
for a premium not in excess of $1.00 per contract.
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    \4\ Cabinet or accommodation trading of option contracts is
intended to accommodate persons wishing to effect closing
transactions in those series of options dealt in on the Exchange for
which there is no auction market.
    \5\ Specialists and ROTs are not subject to the requirements of
Rule 1014 in respect of orders placed pursuant to this Rule. Also,
the provisions of Rule 1033(b) and (c), Rule 1034 and Rule 1038 do
not apply to orders placed in the cabinet. Cabinet transactions are
not reported on the ticker.
    \6\ See Exchange Rule 1059.
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    On December 30, 2010, the Exchange filed an immediately effective
proposal that established the pilot program being

extended by this filing. The pilot program allowed transactions to take
place in open outcry at a price of at least $0 but less than $1 per
option contract until June 1, 2011.\7\ These lower priced transactions
are traded pursuant to the same procedures applicable to $1 cabinet
trades, except that pursuant to the pilot program (i) bids and offers
for opening transactions are only permitted to accommodate closing
transactions in order to limit use of the procedure to liquidations of
existing positions, and (ii) the procedures are also made available for
trading in options participating in the Penny Pilot Program.\8\ On May
31, 2011, the Exchange filed an immediately effective proposal that
extended the pilot program until December 1, 2011 to consider whether
to seek permanent approval of the temporary procedure.\9\ On November
30, 2011, the Exchange filed an immediately effective proposal that
extended the pilot program until June 1, 2012.\10\ On April 27, 2012,
the Exchange filed for permanent approval of the temporary procedures
under the pilot program.\11\ The Exchange now proposes an extension of
the pilot program to allow consideration of the request for permanent
approval of the temporary procedures under this program.
---------------------------------------------------------------------------

    \7\ PHLX Rule 1059, Commentary .02; See Securities Exchange Act
Release No. 63626 (December 30, 2010), 76 FR 812 (January 6, 2011)
(SR-PHLX-2010-185).
    \8\ Prior to the pilot, the $1 cabinet trading procedures were
limited to options classes traded in $0.05 or $0.10 standard
increments. The $1 cabinet trading procedures were not available in
Penny Pilot Program classes because in those classes, an option
series could trade in a standard increment as low as $0.01 per share
(or $1.00 per option contract with a 100 share multiplier). The
pilot allows trading below $0.01 per share (or $1.00 per option
contract with a 100 share multiplier) in all classes, including
those classes participating in the Penny Pilot Program.
    \9\ See Securities Exchange Act Release No. 64571 (May 31,
2011), 76 FR 32385 (June 6, 2011) (SR-Phlx-2011-72).
    \10\ See Securities Exchange Act Release No. 65852 (November 30,
2011), 76 FR 76212 (December 6, 2011) (SR-Phlx-2011-156).
    \11\ See SR-Phlx-2012-59 (April 27, 2012).
---------------------------------------------------------------------------

    The Exchange believes that allowing a price of at least $0 but less
than $1 will better accommodate the closing of options positions in
series that are worthless or not actively traded, particularly due to
recent market conditions which have resulted in a significant number of
series being out-of-the-money. For example, a market participant might
have a long position in a call series with a strike price of $100 and
the underlying stock might now be trading at $30. In such an instance,
there might not otherwise be a market for that person to close-out its
position even at the $1 cabinet price (e.g., the series might be quoted
no bid).
    The Exchange hereby seeks to extend the pilot period for such $1
cabinet trading until December 1, 2012, or upon permanent approval of
this pilot program by the Commission, whichever occurs first. The
Exchange seeks this extension to allow the procedures to continue
without interruptions while the Commission considers permanently
allowing transactions to take place on the Exchange in open outcry at a
price of at least $0 but less than $1 per option contract.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\12\ in general, and with
Section 6(b)(5) of the Act,\13\ in particular, in that the proposal 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
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Specifically,
the Exchange believes that allowing for liquidations at a price less
than $1 per option contract pursuant to the pilot program will better
facilitate the closing of options positions that are worthless or not
actively trading, especially in Penny Pilot issues where cabinet trades
are not otherwise permitted. The Exchange believes the extension is of
sufficient length to allow the Commission to assess the impact of the
Exchange's authority to allow transactions to take place in open outcry
at a price of at least $0 but less than $1 per option in accordance
with its attendant obligations and conditions.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f.
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

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

    No written comments were either solicited or received.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \14\ and Rule 19b-4(f)(6) thereunder.\15\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \16\ and Rule 19b-
4(f)(6)(iii) thereunder.\17\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires the Exchange to give the Commission written
notice of the Exchange's intent to file the proposed rule change
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \18\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii) \19\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the pilot
may continue without interruption while the Commission considers making
permanent the temporary procedures under this pilot program.
---------------------------------------------------------------------------

    \18\ 17 CFR 240.19b-4(f)(6).
    \19\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiving operative delay as of June 1,
2012 is consistent with the protection of investors and the public
interest, as it will allow the pilot program to continue uninterrupted,
thereby avoiding the investor confusion that could result from a
temporary interruption in the pilot program. For this reason, the
Commission designates the proposed rule change to be operative on June
1, 2012.\20\
---------------------------------------------------------------------------

    \20\ For purposes only of waiving the operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    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.

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 No. SR-Phlx-2012-74 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 No. SR-Phlx-2012-74. 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
a.m. and 3 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 No. SR-Phlx-2012-74 and should be
submitted on or before June 29, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-13896 Filed 6-7-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 242 (Tuesday, December 19, 2023)]
[Proposed Rules]
[Pages 87731-87733]
[FR Doc No: 2023-27712]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-2430; Airspace Docket No. 23-AGL-38]
RIN 2120-AA66

Amendment of Class E Airspace; Danville, IL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend the Class E airspace at
Danville, IL. The FAA is proposing this action as the result of an
airspace review conducted due to the decommissioning of the Danville
very high frequency omnidirectional range (VOR) as part of the VOR
Minimum Operating Network (MON) Program. The name and geographic
coordinates of the airport would also be updated to coincide with the
FAA's aeronautical database. This action will bring the airspace into
compliance with FAA orders to support instrument flight rule (IFR)
operations.

DATES: Comments must be received on or before February 2, 2024.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-2430 and
Airspace Docket No. 23-AGL-38 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow
the online instruction for sending your comments electronically.

    * Mail: Send comments to Docket Operations, M-30; U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 OF THE West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    * Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for
accessing the docket or go to Docket Operations in Room W12-140 of the
West Building Ground Floor at 1200 New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
    FAA Order JO 7400.11H, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend the Class E airspace extending upward from 700 feet
above the surface at Vermilion Regional Airport, Danville, IL, to
support IFR operations at this airport.

Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal. The most
helpful comments reference a specific portion of the proposal, explain
the reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should submit only one time if comments are filed electronically, or
commenters should send only one copy of written comments if comments
are filed in writing.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it received on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or dely. The FAA may change this proposal in light of
the comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT post these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov as described in the system
of records notice (DOT/ALL-14FDMS), which can be reviewed at
www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address, phone number, and
hours of operations). An informal docket may also be examined during
normal business hours at the Federal Aviation Administration, Air
Traffic Organization, Central Service Center, Operations Support Group,
10101 Hillwood Parkway, Fort Worth, TX 76177.

Incorporation by Reference

    Class E airspace is published in paragraph 6005 of FAA Order JO
7400.11, Airspace Designations and Reporting Points, which is
incorporated by reference in 14 CFR 71.1 on an annual basis. This
document proposes to amend the current version of that order, FAA Order
JO 7400.11H, dated August 11, 2023, and effective September 15, 2023.
These updates would be published subsequently in the next update to FAA
Order JO 7400.11. That order is publicly available as listed in the
ADDRESSES section of this document.
    FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Proposal

    The FAA is proposing to amend 14 CFR part 71 by amending the Class
E airspace extending upward from 700 feet above the surface to within a
6.6-mile (increased from a 6.5-mile) radius of Vermilion Regional
Airport, Danville, IL; updating the name (previously Vermilion County
Airport) and geographic coordinates of the airport to coincide with the
FAA's aeronautical database; and removing the city associated with the
airport from the header to comply with changes to FAA Order JO 7400.2P,
Procedures for Handling Airspace Matters.
    The FAA is proposing this action as the result of an airspace
review conducted due to the decommissioning of the Danville VOR as part
of the VOR MON Program and to support IFR operations.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11H, Airspace Designations and Reporting Points, dated August 11,
2023, and effective September 15, 2023, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AGL IL E5 Danville, IL [Amended]

Vermilion Regional Airport, IL
    (Lat. 40[deg]11'59'' N, long. 87[deg]35'43'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of the Vermilion Regional Airport.
* * * * *

    Issued in Fort Worth, Texas, on December 13, 2023.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2023-27712 Filed 12-18-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 34 (Tuesday, February 21, 2023)]
[Notices]
[Pages 10635-10636]
[FR Doc No: 2023-03506]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0093]

Agency Information Collection Activities; Renewal of an Approved
Information Collection: Commercial Driver's License Drug and Alcohol
Clearinghouse

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

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for review
and approval. The FMCSA requests to renew an ICR titled, ``Commercial
Driver's License Drug and Alcohol Clearinghouse.'' The Agency's final
rule, published December 5, 2016, titled ``Commercial Driver's License
Drug and Alcohol Clearinghouse'' (Clearinghouse) established the
regulatory requirements for the Clearinghouse. The compliance date of
the final rule was January 6, 2020. FMCSA began collecting data as
authorized users began registering in the Clearinghouse in September
2019. This ICR renewal is needed to support the continuation of the
querying and reporting requirements to address the problem of
commercial driver's license (CDL) and commercial learner's permit (CLP)
holders who test positive for the use of controlled substances or the
misuse of alcohol and then continue to perform safety sensitive
functions, including driving a commercial motor vehicle (CMV), without
completing the required return-to-duty (RTD) process.

DATES: Comments on this notice must be received on or before March 23,
2023.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Bryan Price, Chief, Drug and Alcohol
Programs Division, DOT, FMCSA, 6th Floor, West Building, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001;<PHONE_NUMBER>;
[email protected].

SUPPLEMENTARY INFORMATION:
    Title: Commercial Driver's License Drug and Alcohol Clearinghouse.
    OMB Control Number: 2126-0057.
    Type of Request: Renewal of a currently approved information
collection.
    Respondents: Motor carriers (employers), drivers, medical review
officers (MROs), substance abuse professionals (SAPs), consortia/third-
party administrators (C/TPAs), and State Driver Licensing Agencies
(SDLAs).
    Estimated Number of Respondents: 10,439,839. (This number is an
update from 10,289,839 respondents stated in the 60-day FR.)
    Estimated Time per Response: Varies; 10 to 20 minutes.
    Expiration Date: February 28, 2023.
    Frequency of Response: On occasion.
    A user's role will determine the frequency of the response in the
Clearinghouse.
     Employers, or C/TPAs acting on behalf of an employer: at a
minimum, employers are required to query the Clearinghouse for each
driver they currently employ at least once a year. Employers must query
the Clearinghouse for all prospective employees, as needed. In
addition, employers report to the Clearinghouse alcohol confirmation
tests with a concentration of 0.04 or higher, refusal to test
(alcohol), refusal to test (drug) that is not determined by an MRO, and
actual knowledge of violations, negative RTD testing, and completion of
the follow-up testing plan. Employer reporting must be completed by the
close of the third business day following the date they obtained the
information on a driver.
     MROs: verified positive, adulterated, or substituted drug
test result and refusals to tests (drug) must be entered to the
Clearinghouse on occasion, but no later than 2 business days after
making a determination or verification.
     SAPs: must enter the initial assessment date and the date
the driver successfully complied with RTD requirements. SAPs are
required to enter this information on occasion by the close of business
day following the date of the initial assessment or completion of the
RTD process.
     SDLAs may query the Clearinghouse prior to specified
licensing transactions to determine whether drivers are listed in the
``prohibited status.''.
     Drivers provide general consent to employer queries
outside of the Clearinghouse.

     Drivers must provide their specific consent to pre-
employment queries electronically through the Clearinghouse.
    Estimated Total Annual Burden: 1,761,149.
    Background: Agency regulations at 49 Code of Federal Regulations
(CFR) part 382 apply to persons and employers of such persons who
operate CMVs in commerce in the United States and who are subject to
the CDL requirements in 49 CFR part 383 or the equivalent CDL
requirements for Canadian and Mexican drivers operating in the U.S. (49
CFR 382.103(a)). Part 382 requires that employers conduct pre-
employment drug testing; random, post-accident, and reasonable
suspicion drug and alcohol testing; and RTD testing and follow-up
testing for those drivers who test positive or otherwise violate DOT
drug and alcohol program requirements. Motor carrier employers are
prohibited from allowing an employee to perform safety-sensitive
functions, which include operating a CMV, if the employee tests
positive on a DOT drug or alcohol test, refuses to take a required
test, or otherwise violates FMCSA's drug and alcohol testing
regulations.
    Section 32402 of the Moving Ahead for Progress in the 21st Century
Act requires that the Secretary of Transportation establish, operate,
and maintain a national clearinghouse for records relating to alcohol
and controlled substances testing of CMV operators to improve
compliance with the DOT's alcohol and controlled substances testing
program and to enhance the safety of our roadways by reducing crashes
and injuries involving the misuse of alcohol or use of controlled
substances by operators of CMVs. As noted above, FMCSA published a
final rule on December 5, 2016, with an effective date of January 4,
2017, and a compliance date of January 6, 2020, to implement the
requirements of the Clearinghouse. In September 2019 FMCSA first began
collecting data in September 2019 relating to authorized users'
registration in the Clearinghouse. On January 6, 2020, FMCSA began
collecting data related to drivers' drug and alcohol program violations
and associated return to duty process, as well as allowing queries
conducted by employers on CDL or CLP holders.
    The Clearinghouse functions as a repository for records relating to
the positive test results and test refusals of CMV operators and
violations by such operators of prohibitions set forth in Part 382,
Subpart B, of title 49, CFR. An employer utilizes the Clearinghouse to
determine whether current and prospective employees have incurred a
drug or alcohol program violation that would prohibit them from
performing safety-sensitive functions, including operating a CMV.
    The Clearinghouse provides FMCSA and employers the necessary tools
to identify drivers who are prohibited from operating a CMV and ensure
that such drivers receive the required evaluation and treatment before
resuming safety-sensitive functions. Specifically, information
maintained in the Clearinghouse will ensure that drivers who commit a
drug or alcohol program violation while working for one employer and
attempt to find work with another employer, can no longer conceal their
drug and alcohol violations merely by moving on to the next job or the
next state. Drug and alcohol violation records maintained in the
Clearinghouse will follow the driver regardless of how many times he or
she changes employers, seeks employment, or applies for a CDL in a
different State.
    The information in the Clearinghouse is used by FMCSA and its State
partners for enforcement purposes:
     Ensure employers are meeting their pre-employment
investigation and reporting requirements.
     Place drivers out of service if drivers are found to be
operating a CMV without completing the RTD process.
     Ensure MROs and SAPs meet their reporting requirements.
    Only authorized users, including employers and their service
agents, Federal and State enforcement personnel, and SDLAs may register
and access the Clearinghouse for designated purposes. State enforcement
personnel may also receive the driver's eligibility status to operate a
CMV, based on Clearinghouse information, when they check Query Central,
the Commercial Driver's License Information System, or The National Law
Enforcement Telecommunications System for driver information. FMCSA
will share a driver's drug and alcohol violation information with the
National Transportation Safety Board when it is investigating a crash
involving that driver.
    Drivers may access their own information, but not information of
other drivers. The Clearinghouse meets all relevant Federal security
standards and FMCSA continuously monitors compliance with applicable
security regulations.
    On November 4, 2022, FMCSA published a Federal Register notice
announcing its plan to renew this ICR (87 FR 66769). The Agency
received three anonymous comments in response to this ICR renewal but
none of the submitted comments are relevant to the subject matter of
the ICR.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) whether the proposed
collection is necessary for the performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information.
    Issued under the authority of 49 CFR 1.87.

Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2023-03506 Filed 2-17-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Notices]
[Pages 62079-62080]
[FR Doc No: 2023-19431]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2023-0452; FRL-11385-01-OGC]

Proposed Interim Consent Decree and Proposed Interim Settlement
Agreement, Clean Water Act and Administrative Procedure Act Claims

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed interim consent decree and proposed interim
settlement agreement; request for public comment.

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SUMMARY: In accordance with the Environmental Protection Agency (EPA)
Administrator's March 18, 2022, memorandum regarding ``Consent Decrees
and Settlement Agreements to resolve Environmental Claims Against the
Agency,'' notice is hereby given of a proposed interim consent decree
and proposed interim settlement agreement in Northwest Environmental
Advocates v. EPA, No. 19-01537 (W.D. Wash.). On September 26, 2019,
Plaintiff Northwest Environmental Advocates filed a complaint alleging
that EPA failed to perform duties mandated by the Clean Water Act (CWA)
regarding Washington's obligation to develop Total Maximum Daily Loads
(TMDLs) to address waters identified on the state's impaired waters
list and that EPA's inaction was arbitrary and capricious under the
Administrative Procedure Act (APA), among other claims. EPA seeks
public input on a proposed interim consent decree and proposed interim
settlement agreement prior to its final decision-making regarding
entering into the proposed documents.

DATES: Written comments on the proposed interim consent decree and
proposed interim settlement agreement must be received by October 10,
2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2023-0452 online at www.regulations.gov (EPA's preferred method).
Follow the online instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID
number for this action. Comments received may be posted without change
to www.regulations.gov, including any personal information provided.
For detailed instructions on sending comments, see the ``Additional
Information About Commenting on the Proposed Interim Consent Decree and
Proposed Interim Settlement Agreement'' heading under the SUPPLEMENTARY
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Elise O'Dea, Water Law Office, Office
of General Counsel, U.S. Environmental Protection Agency; telephone:
(202) 564-4201; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Interim Consent Decree and
Proposed Interim Settlement Agreement

    On September 26, 2019, Plaintiff filed a complaint \1\ in the
federal district court for the Western District of Washington alleging
that EPA actions and inactions concerning the state of Washington's
water quality assessment and listing program and TMDL program violated
the APA and section 303(d) of the CWA. Among other claims, Plaintiff
asserted that EPA violated the CWA by failing to disapprove
Washington's alleged constructive submission of no TMDLs for waters on
the state's 1996 list of impaired waters needing TMDLs and to establish
TMDLs for such waters. In August 2020, the district court granted
Washington's motion to intervene as a defendant in the litigation. The
parties initiated settlement negotiations shortly thereafter, which led
to the development of the proposed interim consent decree and proposed
interim settlement agreement that are the subject of this notice.
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    \1\ Plaintiff filed an amended complaint on January 24, 2020.
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    The proposed interim consent decree and proposed interim settlement
agreement would constitute the first part of a potential two-phase
settlement framework and thus completion of the commitments set forth
in each document would not result in dismissal of the litigation.
Specifically, the proposed interim consent decree would require
Washington to submit three TMDLs to EPA by December 2025 (Soos Creek
fine sediment, Drayton Harbor bacteria, and Whatcom Creek bacteria) and
would prohibit the Plaintiff from filing any new TMDL constructive
submission lawsuits in Washington for a period of 34 months. Under the
proposed interim settlement agreement, while the litigation was held in
abeyance, an EPA-funded contractor would review and evaluate
Washington's TMDL program to inform an EPA report providing
recommendations for improving the program, particularly with respect to
the timely development of TMDLs. Upon completion and consideration of
the report, the parties would reengage in settlement discussions in an
effort to reach a final agreement that would resolve the litigation.
    For a period of thirty (30) days following the date of publication
of this notice, EPA will accept written comments relating to the
proposed interim consent decree and proposed interim settlement
agreement from persons who are not parties to the litigation. EPA also
may hold a public hearing on whether to enter into the proposed interim
consent decree and proposed interim settlement agreement. EPA or the
Department of Justice may withdraw or withhold consent to the proposed
interim consent decree and proposed interim settlement agreement if the
comments received disclose facts or considerations that indicate that
such consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the CWA or APA.

II. Additional Information About Commenting on the Proposed Interim
Consent Decree and Proposed Interim Settlement Agreement

A. How can I get a copy of the proposed interim consent decree and
proposed interim settlement agreement?

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2023-0452) contains a copy of the proposed interim
consent decree and proposed interim settlement agreement. The official
public docket is available for public viewing at the Office of
Environmental Information (OEI) Docket in the EPA Docket Center, EPA
West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The EPA
Docket Center 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 Public Reading Room is<PHONE_NUMBER>, and the telephone number
for the OEI Docket is<PHONE_NUMBER>.
    The electronic version of the public docket for this action
contains a copy of the proposed interim consent decree and proposed
interim settlement agreement and is available through https://www.regulations.gov. You may use https://www.regulations.gov to submit
or view public comments, access the index listing of the contents of
the official public docket, and access those documents in the public
docket that are available electronically. Once in the

system, key in the appropriate docket identification number then select
``search.''

B. How and to whom do I submit comments?

    Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2023-
0452 via https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from this docket. EPA may publish any comment
received to its public docket. Do not submit to EPA's docket at https://www.regulations.gov any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. For additional information about submitting information
identified as CBI, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section of this document.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment. This ensures that you
can be identified as the submitter of the comment and allows EPA to
contact you in case EPA cannot read your comment due to technical
difficulties or needs further information on the substance of your
comment. Any identifying or contact information provided in the body of
a comment will be included as part of the comment that is placed in the
official public docket and made available in EPA's electronic public
docket. 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.
    Use of the https://www.regulations.gov website to submit comments
to EPA electronically is EPA's preferred method for receiving comments.
The electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA does not plan to consider these late
comments.

Steven Neugeboren,
Associate General Counsel.
[FR Doc. 2023-19431 Filed 9-7-23; 8:45 am]
BILLING CODE 6560-50-P