[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Proposed Rules]
[Pages 11119-11122]
[FR Doc No: 2013-03063]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[EPA-HQ-OAR-2012-0393; FRL-9779-4]
RIN 2060-AQ38

Air Quality: Revision to Definition of Volatile Organic
Compounds--Exclusion of trans 1-chloro-3,3,3-trifluoroprop-1-ene
[Solstice\TM\ 1233zd(E)]

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to revise the definition of volatile
organic compounds (VOCs) for purposes of preparing state implementation
plans (SIPs) to attain the national ambient air quality standards for
ozone under title I of the Clean Air Act (CAA). This proposed revision
would add trans 1-chloro-3,3,3-trifluoroprop-1-ene (also known as
SolsticeTM 1233zd(E)) to the list of compounds excluded from
the definition of VOCs on the basis that this compound makes a
negligible contribution to tropospheric ozone formation. In the ``Rules
and Regulations'' section of this Federal Register, we are making these
same amendments as a direct final rule without a prior proposed rule.
If we receive no adverse comment, we will not take further action on
this proposed rule.

DATES: Comments must be received on or before April 1, 2013.
    Public Hearing: If anyone contacts the EPA requesting to present
oral testimony at a public hearing concerning the proposed regulation
by February 25, 2013, we will hold a public hearing on March 4, 2013.
If a public hearing is held, it will be held at 10 a.m. at Building C
on the EPA campus in Research Triangle Park, NC, or at an alternate
site nearby. Please refer to SUPPLEMENTARY INFORMATION for additional
information on the comment period and the public hearing.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2012-0393, by one of the following methods:
     www.regulations.gov. Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>Attention Docket ID
No. EPA-HQ-OAR-2012-0393.
     Fax:<PHONE_NUMBER>, Attention Docket ID No. EPA-HQ-OAR-
2012-0393.
     Mail: Docket ID No. EPA-HQ-OAR-2012-0393, Environmental
Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460.
     Hand Delivery: EPA Docket Center, U.S. Environmental
Protection Agency, 1301 Constitution Avenue NW., Room: 3334, Mail Code:
6102T, Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-2012-
0393. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2012-0393. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any

personal information provided, unless the comment includes information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
www.regulations.gov, or email. The www.regulations.gov Web site is an
``anonymous access'' system, which means the EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to the EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, the EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If the EPA cannot read your comment due
to technical difficulties and cannot contact you for clarification, the
EPA may not be able to consider your comment. Electronic files should
avoid the use of special characters, any form of encryption and be free
of any defects or viruses. For additional information about the EPA's
public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Docket ID No. EPA-HQ-OAR-
2012-0393, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC. The 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 Air and Radiation is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: David Sanders, Office of Air Quality
Planning and Standards, Air Quality Policy Division, Mail Code C539-01,
Research Triangle Park, NC 27711; telephone:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Why is the EPA using a direct final rule?

    This proposed action would revise the EPA's definition of VOCs for
purposes of preparing SIPs to attain the NAAQS for ozone under title I
of the CAA, by adding trans 1-chloro-3,3,3-trifluoroprop-1-ene (also
known as SolsticeTM 1233zd(E)) to the list of compounds
excluded from the definition of VOCs on the basis that this compound
makes a negligible contribution to tropospheric ozone formation.\1\ We
are publishing a direct final rule in the ``Rules and Regulations''
section of this Federal Register because we view this as a
noncontroversial action and anticipate no adverse comment. We have
explained our reasons for this action in the preamble to the direct
final rule. The regulatory text for the proposal is identical to that
for the direct final rule published in the ``Rules and Regulations''
section of this Federal Register. For further supplementary
information, the detailed rationale for the proposal and the regulatory
revisions, see the direct final rule published in a separate part of
this Federal Register.
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    \1\ Trans 1-chloro-3,3,3-trifluoroprop-1-ene will also be
marketed by Honeywell under the trade names SolsticeTM
N12 Refrigerant, SolsticeTM Liquid Blowing Agent,
SolsticeTM LBA, and SolsticeTM Performance
Fluid.
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    If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment, we will withdraw
the direct final rule, and it will not take effect. We would address
all public comments in any subsequent final rule base on this proposed
rule. We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.

B. Where can I get a copy of this document and other related
information?

    In addition to being available in the docket, an electronic copy of
this proposal will also be available on the World Wide Web. Following
signature by the EPA Administrator, a copy of this action will be
posted on the EPA's Web site www.epa.gov/ttn/oarpg/new.html.

C. What should I consider as I prepare my comments for the EPA?

    Submitting CBI: Do not submit this information to the EPA through
www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to the EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2. Send or deliver information
identified as CBI only to the following address: Roberto Morales, OAQPS
Document Control Officer (C404-02), U.S. EPA, Research Triangle Park,
NC 27711, Attention Docket ID No. EPA-HQ-OAR-2012-0393.

D. How can I find information about a possible public hearing?

    Public Hearing: If anyone contacts the EPA requesting to present
oral testimony at a public hearing concerning the proposed regulation
by February 25, 2013, we will hold a public hearing on March 4, 2013.
If a public hearing is held, it will be held at 10 a.m. at Building C
on the EPA campus in Research Triangle Park, NC, or at an alternate
site nearby. Persons interested in presenting oral testimony must
contact Pamela Long, Office of Air Quality Planning and Standards, Air
Quality Policy Division, Mail Code C504-01, Research Triangle Park, NC
27711; telephone:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>no later than February 25, 2013. Persons
interested in attending the public hearing if one is held must also
call Ms. Long to verify the time, date and location of the hearing. If
no one contacts Ms. Long by February 25, 2013 with a request to present
oral testimony at the hearing, we will cancel the hearing.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993), and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b). It does not contain any
recordkeeping or reporting requirement.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
proposed rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this notice on small
entities, small entity is defined as: (1) A small business that is a
small industrial entity as defined in the U.S. Small Business
Administration (SBA) size standards. (See 13 CFR 121.); (2) A
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; and (3) A small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
    After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule. This proposed rule
would remove SolsticeTM 1233zd(E) from the definition of
VOCs and thereby relieves users of the compound from requirements to
control emissions of the compound. We have therefore concluded that
today's proposed rule will relieve regulatory burden for all affected
small entities.

D. Unfunded Mandates Reform Act

    This action contains no federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for state, local or tribal governments or the private sector.
The action imposes no enforceable duty on any state, local or tribal
governments or the private sector. Therefore, this action is not
subject to the requirements of sections 202 and 205 of the UMRA.
    This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This proposed rule
would remove SolsticeTM 1233zd(E) from the definition of
VOCs and thereby relieves users of the compound from requirements to
control emissions of the compound.

E. Executive Order 13132--Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This proposed rule would remove
SolsticeTM 1233zd(E) from the definition of VOCs and thereby
relieves users from requirements to control emissions of the compound.
Thus, Executive Order 13132 does not apply to this rule. In the spirit
of Executive Order 13132, and consistent with EPA policy to promote
communications between EPA and state and local governments, EPA
specifically solicits comment on this proposed action from state and
local officials.

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

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). It would not
have substantial direct effects on tribal governments, 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, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this rule. The EPA
specifically solicits additional comment on this proposed action from
tribal officials

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

    This action is not subject to EO 13045 (62 FR 19885, April 23,
1997) because it is not economically significant as defined in EO
12866. This action's health and risk assessments are contained in the
direct final rule publishing in the ``Rules and Regulations'' section
of this Federal Register and within the docket for this rulemaking.
While this proposed rule is not subject to the Executive Order, the EPA
has reason to believe that ozone has a disproportionate effect on
active children who play outdoors (62 FR 38856; 38859, July 18, 1997).
The EPA has not identified any specific studies on whether or to what
extent SolsticeTM 1233zd(E) may affect children's health.

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

    This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d), (15 U.S.C.
272 note) directs the EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs the
EPA to provide Congress, through OMB, explanations when the agency
decides not to use available and applicable voluntary consensus
standards. This rulemaking does not involve technical standards.
Therefore, the EPA has not considered the use of any voluntary
consensus standards.

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

    Executive Order (EO) 12898 (59 FR 7629, Feb. 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing,

as appropriate, disproportionately high and adverse human health or
environmental effects of their programs, policies, and activities on
minority populations and low-income populations in the United States.
    The EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment.

List of Subjects in 40 CFR Part 51

    Environmental protection, Administrative practice and procedure,
Air pollution control, Ozone, Reporting and recordkeeping requirements,
Volatile organic compounds.

    Dated: February 4, 2013.
Lisa P. Jackson,
Administrator.
[FR Doc. 2013-03063 Filed 2-14-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)]
[Rules and Regulations]
[Pages 65545-65548]
[FR Doc No: 2016-22915]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0271]
RIN 1625-AA09

Drawbridge Operation Regulation; New River, Fort Lauderdale, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating schedule that
governs the Florida East Coast Railway (FEC) Railroad Bridge across the
New River, mile 2.5, at Fort Lauderdale, FL. This rule implements
requirements for the operator to ensure that adequate notice of bridge
closure times are available to the waterway traffic. It also changes
the schedule from requiring openings ``on demand'' to an operating
regulation requiring the bridge to be open no fewer than 60 minutes in
every 2 hour period. Changing the bridge operating schedule will allow
the bridge owner to operate the Bridge remotely with assistance from
the onsite bridge tender.

DATES: This rule is effective October 24, 2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0271 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Rod Elkins with the Coast Guard; telephone 305-415-
6989, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    From May 18 through October 16, 2015, a test deviation assessing
the viability of the schedule implemented in this rule was in effect
for the New River Bridge (80 FR 28184). The comment period ended on
August 17, 2015. There were eight comments received in response to the
test deviation. The comments from the test deviation were addressed in
the notice of proposed rulemaking (NPRM).
    On November 3, 2015, we published a NPRM entitled Drawbridge
Operation Regulation; New River, Fort Lauderdale, FL in the Federal
Register (80 FR 67677). We received 234 submissions on the proposed
rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority of 33
U.S.C. 499.
    The FEC Railroad Bridge across the New River, mile 2.5, at Fort
Lauderdale, FL is a single leaf bascule bridge. It has a vertical
clearance of 4 feet at mean high water in the closed position.
Presently, in accordance with 33 CFR 117.5, the FEC Railroad Bridge is
required to open on signal for the passage of vessels. Traffic on the
waterway includes both commercial and recreational vessels.
    Prior to implementing a test deviation on May 18, 2015, the Bridge
operated without a tender or monitor. An automated system closed the
Bridge when a train approached and reopened the Bridge when a train
cleared. The Coast Guard received multiple complaints from mariners
because there was no means of obtaining notice of bridge closure times
or potential closure duration. The new regulation balances the
reasonable needs of waterway traffic on the New River with train
traffic moving through condensed population areas in Ft. Lauderdale.
    This regulation was developed to accommodate the unique needs of
rail transportation in South Florida while balancing the reasonable
needs of maritime transportation on the New River. Train schedules at
the crossings cannot be precisely scheduled due to unpredictable delays
caused by train car loading and vehicular traffic crossing the track.
Also, train bridges must be in the down position well in advance of the
train's arrival to ensure that it can safely cross the bridge or stop
if there are problems with the Bridge.

IV. Discussion of Comments, Changes and the Final Rule

    Two hundred thirty-four submissions were received resulting in a
total of 319 comments concerning the proposed rule. The total number of
comments exceeds the number of submissions because some submissions
expressed more than one point in their comment. Of these comments, 39
were in favor of the proposed rule. Forty-nine of the comments
expressed opposition to a future rail project, which is not the focus
of this regulation, and were not relevant.
    Sixty-six comments expressed opposition to the regulation of
Bridges other than the Florida East Coast Railway (FEC) Railroad
Bridge. This regulation only pertains to the FEC Railroad Bridge over
the New River in Fort Lauderdale.
    Eleven comments opposed the proposed modification and recommended
the Bridge owner provide a train schedule with specified opening times.
In respect to a schedule the on-site bridge tender will provide a 12-
hour forecast schedule to waterway users upon request. However,
scheduling bridge openings is not viable because trains typically
experience loading and traffic delays that interfere with the
operator's ability to precisely identify an exact time when the train
will cross the waterway.
    Eighteen comments stated the modification would create unsafe
vessel congestion near the Bridge. This regulation allows mariners to
communicate with a bridge tender and receive updates on the Bridge's
status; thereby relieving congestion that exists with the current
schedule.
    Sixty-four comments opposed the Bridge being closed 50 percent of
the time or 60 minutes at a time. These comments also recommended
various minimum time limits for bridge openings. This regulation does
not require closing the Bridge 50 percent of the time or for 60 minutes
at one time. It sets a maximum time for the Bridge's closure within a
two hour period. This regulation authorizes a total combined closure
time for any given 120 minute period that will not exceed 60 minutes.
Moreover, if a train is not crossing or approaching, the Bridge will
remain open. Based on input from the bridge owner and input gathered at
Coast Guard public meetings, the Coast Guard determined that it is not
a viable option to require minimum time limits for the bridge to be
open at one time because trains would have considerable difficulty
coordinating passage across the bridge with this schedule. Therefore,
this regulation does not adopt alternatives to set minimum time limits
for Bridge openings. Vessels can transit at all times that trains are
not crossing.
    Thirteen comments expressed concern that the modification would
hinder emergency vessels from responding. This regulation requires the
Bridge to open immediately for emergency vessels to pass.
    Twenty-six comments expressed safety concerns for vehicle traffic
in the area and emergency vehicle response times being delayed. This
regulation seeks to balance the needs of rail and maritime navigation
by allowing the Bridge to close for the passage of trains. By doing so,
it seeks to ensure passing trains are not delayed by the Bridge
schedule, therefore, it should alleviate surrounding vehicular traffic.
    There were 26 comments that addressed concern that the modification
would decrease property values and hurt business in the area. The Coast
Guard does not have evidence that this regulation will result in a
decrease in property values or that it will adversely affect businesses
in the area.
    Five commenters requested bridge modifications that would replace
and raise the vertical height of the bridge, and to require mooring
stations for waiting vessels, which is outside of the scope of this
rule because this rule only amends the opening schedule for the Bridge
by creating protocols that will make it easier for vessel traffic to
schedule transits during times the Bridge is open.
    Two of the 234 commenters requested a public meeting. A public
meeting was held on 12 November 2014 (USCG-2014-0937), and the proposed
schedule modification was developed from the input received from the
public meeting.
    The Coast Guard also received complaints about the high noise
levels of the horn blast prior to a bridge closure. The prescribed
sound signal has typically been required on all unmanned automated rail
road bridges. We are removing the requirement for the horn blast from
the regulation since the bridge is no longer unmanned. Other than the
removal of horn blasts, 33 CFR 117.313 is modified as was proposed in
the NPRM.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protesters.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
    This regulatory action determination is made because vessels can
still transit the waterway at times identified by the tender 12 hours
in advance of the scheduled transit. Also, vessels can transit at all
times that trains are not crossing or if they do not require a bridge
opening to transit.

B. 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 received zero comments from the Small Business
Administration on this rule. 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 may affect the following entities, some of which might be
small entities: The owners or operators of vessels needing to transit
the bridge when the Bridge is closed for train crossings. This change
in operating schedule will still meet the reasonable needs of
navigation while taking into account other modes of transportation.
Vessels transiting the New River at mile 2.5 may do so at times
scheduled up to 12 hours prior to transit. Also, vessels can transit at
all times that trains are not crossing.
    While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
    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.

C. 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).

D. Federalism and Indian Tribal Government

    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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
    Also, 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.

E. 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have made a
determination that this action is one of a category of actions which do
not individually or cumulatively have a significant effect on the human
environment. This rule simply promulgates the operating regulations or
procedures for drawbridges. This action is categorically excluded from
further review, under figure 2-1, paragraph (32)(e), of the
Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 117

    Bridges.

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

PART 117--DRAWBRIDGE OPERATION REGULATIONS

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

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

0
2. In Sec.  117.313, revise paragraph (c), add reserved paragraph (d),
and add paragraph (e) to read as follows:

Sec.  117.313   New River.

* * * * *
    (c) The following requirements apply to the Florida East Coast
Railway Railroad Bridge across the New River, mile 2.5, at Fort
Lauderdale, FL:
    (1) The bridge shall be constantly tended.
    (2) The bridge tender will utilize a VHF-FM radio to communicate on
channels 9 and 16 and may be contacted by telephone at<PHONE_NUMBER>.
    (3) Signs will be posted displaying VHF radio contact information
and telephone numbers for the bridge tender and dispatch. A countdown
clock giving notice of time remaining before bridge closure shall
remain at the bridge site and must be visible for maritime traffic.
    (4) A bridge log will be maintained including, at a minimum, bridge
opening and closing times.
    (5) When the draw is in the fully open position, green lights will
be displayed to indicate that vessels may pass.
    (6) When a train approaches, the lights go to flashing red then the
draw lowers and locks.
    (7) After the train has cleared the bridge, the draw opens and the
lights return to green.
    (8) The bridge shall not be closed more than 60 minutes combined
for any 120 minute time period beginning at 12:01 a.m. each day.
    (9) The bridge shall remain open to maritime traffic when trains
are not crossing.
    (d) [Reserved]
    (e) The draw of the Marshal (Seventh Avenue) bridge, mile 2.7 at
Fort Lauderdale shall open on signal; except that, from 7:30 a.m. to 9
a.m. and 4:30 p.m. to 6 p.m., Monday through Friday, except Federal
holidays, the draw need not open. Public vessels of the United States,
tugs with tows, and vessels in distress shall be passed at any time.

    Dated: August 22, 2016.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2016-22915 Filed 9-22-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Notices]
[Pages 73275-73276]
[FR Doc No: 2021-27930]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2021-0942; FRL-9373-01-OGC]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

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

SUMMARY: In accordance with the Clean Air Act, as amended (CAA or the
Act), notice is given of a proposed consent decree in Center for
Biological Diversity, et al. v. Regan, No. 4:21-cv-06166-JST. On August
11, 2021, Plaintiffs Center for Biological Diversity, Center for
Environmental Health, and Sierra Club (collectively ``Plaintiffs'')
filed a complaint in the United States District Court for the Northern
District of California. Plaintiffs alleged that the Environmental
Protection Agency (EPA or the Agency) failed to perform certain non-
discretionary duties in accordance with the Act to promulgate final
actions for two nonattainment areas under the 2010 1-hour primary
sulfur dioxide (SO2) national ambient air quality standard
(NAAQS): A final federal implementation plan (FIP) for the Detroit,
Michigan SO2 nonattainment area, and approval or disapproval
of the state implementation plan (SIP) for the Baltimore and Anne
Arundel Counties, Maryland SO2 nonattainment area. The
proposed consent decree would establish deadlines for EPA to take these
actions.

DATES: Written comments on the proposed consent decree must be received
by January 26, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2021-0942, online at  https://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 https://www.regulations.gov/, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Additional Information
about Commenting on the Proposed Consent Decree'' heading under the
SUPPLEMENTARY INFORMATION section of this document. Out of an abundance
of caution for members of the public and our staff, the EPA Docket
Center and Reading Room are closed to the public, with limited
exceptions, to reduce the risk of transmitting COVID-19. Our Docket
Center staff will continue to provide remote customer service via
email, phone, and webform. We encourage the public to submit comments
via https://www.regulations.gov, as there may be a delay in processing
mail and faxes. Hand-deliveries and couriers may be received by
scheduled appointment only. For further information on EPA Docket
Center services and the current status, please visit us online at
https://www.epa.gov/dockets.
    EPA continues to carefully and continuously monitor information
from the Centers for Disease Control and Prevention (CDC), local area
health departments, and our federal partners so that we can respond
rapidly as conditions change regarding COVID-19.

FOR FURTHER INFORMATION CONTACT: Michael Thrift, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone<PHONE_NUMBER>; email address [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining a Copy of the Proposed Consent Decree

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2021-0942) contains a copy of the proposed consent
decree.
    The electronic version of the public docket for this action
contains a copy of the proposed consent decree, 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.''

II. Additional Information About the Proposed Consent Decree

    The proposed consent decree would establish deadlines for EPA to
take final actions pursuant to Clean Air Act (CAA) sections 110(c)(1)
and 110(k)(2) for two nonattainment areas under the 2010 1-hour primary
sulfur dioxide (SO2) national ambient air quality standard
(NAAQS). Specifically, the consent decree would require: By September
30, 2022, that EPA promulgate a final federal implementation plan (FIP)
for the Detroit, Michigan SO2 nonattainment area under CAA
section 110(c)(1), 42 U.S.C. 7410(c)(1); and by October 31, 2022, that
EPA take final action to approve or disapprove the complete submitted
state implementation plan (SIP) for the Baltimore and Anne Arundel
Counties, Maryland, SO2 nonattainment area under CAA section
110(k)(2), 42 U.S.C. 7410(k)(2).
    In accordance with section 113(g) of the CAA, for a period of
thirty (30) days following the date of publication of this document,
the Agency will accept written comments relating to the proposed
consent decree. EPA or the Department of Justice may withdraw or
withhold consent to the proposed consent decree if the comments
disclose facts or considerations that indicate that such consent is
inappropriate, improper, inadequate, or inconsistent with the
requirements of the Act.

III. Additional Information About Commenting on the Proposed Consent
Decree

    Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2021-
0942, 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. Note that written
comments containing CBI and submitted by mail may be delayed and
deliveries or couriers will be received by scheduled appointment only.
    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 is not required to consider these late
comments.

Gautam Srinivasan,
Associate General Counsel.
[FR Doc. 2021-27930 Filed 12-23-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 201 (Friday, October 17, 2014)]
[Proposed Rules]
[Page 62378]
[FR Doc No: 2014-24464]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2014-0123; FRL-9917-41-Region 5]

Approval and Promulgation of Air Quality Implementation Plans;
Illinois; Amendments to Gasoline Vapor Recovery Requirements for
Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Illinois
Environmental Protection Agency on January 17, 2014, concerning the
state's gasoline vapor recovery requirements. The SIP revision phases
out the Stage II vapor recovery program requirements in the Illinois
portion of the Chicago ozone nonattainment area as a component of the
Illinois ozone SIP. The SIP revision also includes amendments to the
state's permitting regulations applicable to storage tanks and fuel
dispensing, including repealing the Stage I vapor recovery registration
provisions due to overlapping Federal notification requirements and
state tracking systems for gasoline dispensing operations. Finally, the
SIP revision includes other clarifying and clean-up amendments at 35
Ill. Adm. Code Parts 201, 218, and 219. The submittal also includes a
demonstration under section 110(l) of the Clean Air Act that shows
there are no emissions impacts associated with the removal of the
program.

DATES: Comments must be received on or before November 17, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2014-0123, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Mobile Source
Program Manager, Control Strategies Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Final Rules section of this Federal
Register, EPA is approving the state's SIP submittal as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this rule, no
further activity is contemplated. If EPA receives adverse comments, the
direct final rule will be withdrawn and all public comments received
will be addressed in a subsequent final rule based on this proposed
rule. EPA will not institute a second comment period. Any parties
interested in commenting on this action should do so at this time.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment. For
additional information, see the direct final rule which is located in
the Rules section of this Federal Register.

    Dated: September 24, 2014.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2014-24464 Filed 10-16-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 224 (Wednesday, November 20, 2013)]
[Notices]
[Pages 69659-69660]
[FR Doc No: 2013-27749]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP14-161-000]

Chevron U.S.A. Inc. v. Kinder Morgan Louisiana Pipeline LLC;
Notice of Complaint

    Take notice that on November 12, 2013, pursuant to sections 206 of
the Rules of Practice and Procedures of the Federal Energy Regulatory
Commission (Commission), 18 CFR 385.206, Chevron U.S.A. Inc. (Chevron
or Complainant), filed a complaint against Kinder Morgan Louisiana
Pipeline LLC (KMLP or Respondent), alleging that KMLP violated its
tariff, Commission policy, and contractual obligations.

    Chevron certifies that copies of the complaint were served on the
contacts for KMLP as listed on the Commission's list of Corporate
Officials in accordance with Rule 206(c), 18 CFR 385.206(c).
    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. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on December 12, 2013.

    Dated: November 13, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-27749 Filed 11-19-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 232 (Wednesday, December 2, 2020)]
[Notices]
[Pages 77469-77472]
[FR Doc No: 2020-26537]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0190]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Infant Formula Requirements

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information, and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on the information collection provisions of
our infant formula regulations, including infant formula labeling,
quality control procedures, notification requirements, and
recordkeeping. The notice also invites comment on electronic Form FDA
3978 that allows manufacturers of infant formula to submit reports and
notifications in a standardized format.

DATES: Submit either electronic or written comments on the collection
of information by February 1, 2021.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before February 1, 2021. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of February 1, 2021. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any

confidential information that you or a third party may not wish to be
posted, such as medical information, your or anyone else's Social
Security number, or confidential business information, such as a
manufacturing process. Please note that if you include your name,
contact information, or other information that identifies you in the
body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2010-N-0190 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Infant Formula Requirements.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3521), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Infant Formula Requirements--21 CFR Parts 106 and 107

OMB Control Number 0910-0256--Extension

    Statutory requirements for infant formula under the Federal Food,
Drug, and Cosmetic Act (FD&C Act) are intended to protect the health of
infants and include a number of reporting and recordkeeping
requirements. Among other things, section 412 of the FD&C Act (21
U.S.C. 350a) requires manufacturers of infant formula to establish and
adhere to quality control procedures, notify us when infant formula
that has left the manufacturers' control may be adulterated or
misbranded, and keep records of distribution. We have issued
regulations to implement the FD&C Act's requirements for infant formula
in parts 106 and 107 (21 CFR parts 106 and 107). We also regulate the
labeling of infant formula under the authority of section 403 of the
FD&C Act (21 U.S.C. 343). Under our labeling regulations for infant
formula in part 107, the label of an infant formula must include
nutrient information and directions for use. Failure to comply with any
of the applicable labeling regulations will render an infant formula
misbranded under section 403 of the FD&C Act. The purpose of these
labeling requirements is to ensure that consumers have the information
they need to prepare and use infant formula appropriately.
    While the infant formula regulations help ensure the consistent
production of safe and nutritionally adequate infant formulas for
healthy term infants, they apply with one narrow exception. Section
412(h)(1) of the FD&C Act exempts an infant formula represented and
labeled for use by an infant with an inborn error of metabolism, low
birth weight, or who otherwise has an unusual medical or dietary
problem from the requirements of subsections 412(a), (b), and (c) of
the FD&C Act. These formulas are customarily referred to as ``exempt
infant formulas.'' Section 412(h)(2) of the FD&C Act authorizes us to
establish terms and conditions for the exemption of an infant formula
from the requirements of subsections 412(a), (b), and (c) of the FD&C
Act.

    In support of exempt infant formulas, we have issued the agency
guidance document entitled, ``Exempt Infant Formula Production: Current
Good Manufacturing Practices (CGMPs), Quality Control Procedures,
Conduct of Audits, and Records and Reports.'' The guidance document
includes our recommendation that manufacturers of exempt infant
formulas follow, to the extent practicable, subparts A, B, C, D, and F
of 21 CFR part 106, and is available at https://www.fda.gov/regulatory-information/search-fda-guidance-documents/guidance-industry-exempt-infant-formula-production.
    We have also developed electronic Form FDA 3978 (Infant Formula
Tracking System (IFTRACK)) so that infant formula manufacturers may
electronically submit reports and notifications in a standardized
format to FDA. However, manufacturers that prefer to submit paper
submissions in a format of their own choosing will still have the
option to do so. Form FDA 3978 prompts a respondent to include reports
and notifications in a standard electronic format and helps the
respondent organize their submission to include only the information
needed for our review. Screenshots of Form FDA 3978 and instructions
are available at http://www.fda.gov/Food/GuidanceRegulation/FoodFacilityRegistration/InfantFormula/default.htm.
    Description of Respondents: Respondents to this information
collection are manufacturers of infant formula.
    We estimate the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Number of
              FD&C act or 21 CFR                   Number of     responses per   Total annual         Average  burden per  response         Total hours
                                                  respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reports; Section 412(d) of the FD&C Act.......               5              13              65  10......................................             650
Notifications; Sec.   106.120(b)..............               1               1               1  4.......................................               4
Reports for exempt infant formula; Sec.                      3               2               6  4.......................................              24
 107.50(b)(3) and (4).
Notifications for exempt infant formula; Sec.                1               1               1  4.......................................               4
  107.50(e)(2).
Requirements for quality factors-- growth                    4               9              36  20......................................             720
 monitoring study exemption; Sec.   106.96(c).
Requirements for quality factors--PER                        1              34              34  12......................................             408
 exemption; Sec.   106.96(g).
New infant formula registration; Sec.                        4               9              36  0.50 (30 mins.).........................              18
 106.110.
New infant formula submission; Sec.   106.120.               4               9              36  10......................................             360
                                               ---------------------------------------------------------------------------------------------------------
    Total.....................................  ..............  ..............  ..............  ........................................           2,188
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital or operating and maintenance costs associated with the information collection.

    Based on a review of the information collection, we have adjusted
our burden estimate to correct a nominal calculation error. This
reflects a decrease of 62 annual responses and a corresponding decrease
of 308 annual hours.
    In compiling these estimates, we consulted our records of the
number of infant formula submissions received in the past. All infant
formula submissions may be provided to us in electronic format. The
hours per response reporting estimates are based on our experience with
similar programs and information received from industry.
    The total estimated annual reporting burden is 2,188 hours, as
shown in table 1.

                             Table 2--Estimated Annual Recordkeeping Burden \1\ \2\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
     FD&C act or 21 CFR part         Number of      records per    Total annual     Burden per      Total hours
                                   recordkeepers   recordkeeper       records         record
----------------------------------------------------------------------------------------------------------------
Part 106--SUBPART B: CGMP                      5           429.8           2,149             4.4           9,414
 Requirements...................
Part 106--SUBPARTS C-G: Quality                5           726.8           3,634               6          21,818
 control; audits; quality
 factors; records and reports...
Part 107--SUBPART C; Exempt                    3              10              30             300           9,000
 infant formulas................
Exempt infant formula                          3             634           1,902              45          85,590
 production; GMP; audits,
 recordkeeping, & reports.......
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............         125,822
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with the information.
\2\ Numbers have been rounded.

    The total estimated annual recordkeeping burden is 125,822 hours,
as shown in table 2.

                                               Table 3--Estimated Annual Third-Party Disclosure Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                      Activity; 21 CFR section                          Number of     disclosures per    Total annual    Average burden    Total hours
                                                                       respondents       respondent      disclosures     per disclosure
--------------------------------------------------------------------------------------------------------------------------------------------------------
Nutrient labeling; Sec.  Sec.   107.10(a) and 107.20...............               5               13               65                8              520
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with the information collection.

    We estimate compliance with our infant formula labeling
requirements in Sec. Sec.  107.10(a) and 107.20 requires 520 hours
annually.

    Dated: November 23, 2020.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2020-26537 Filed 12-1-20; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 87, Number 39 (Monday, February 28, 2022)]
[Proposed Rules]
[Pages 10994-10995]
[FR Doc No: 2022-04081]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-0048; Airspace Docket No. 22-ASO-01]
RIN 2022-AA66

Proposed Amendment of Class D Airspace, and Class E Airspace;
Gulf Shores, AL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class D airspace and Class E
airspace extending upward from 700 feet above the surface for Gulf
Shores International Airport/Jack Edwards Field, Gulf Shores, AL, by
updating the airport name and adding necessary verbiage to the
descriptions. Controlled airspace is necessary for the safety and
management of instrument flight rules (IFR) operations in the area.

DATES: Comments must be received on or before April 14, 2022.

ADDRESSES: Send comments on this proposal to: The U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
Telephone:<PHONE_NUMBER>, or<PHONE_NUMBER>. You must identify Docket
No. FAA-2022-0048; Airspace Docket No. 22-ASO-1 at the beginning of
your comments. You may also submit comments through the internet at
https://www.regulations.gov.
    FAA Order JO 7400.11F, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; Telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order JO 7400.11F at NARA, email
[email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; 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 airspace in the Gulf Shores, AL area, to support IFR
operations in the area.

Comments Invited

    Interested persons are invited to comment on this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (Docket No. FAA-
2022-0048 and Airspace Docket No. 22-ASO-01) and be submitted in
triplicate to DOT Docket Operations (see ADDRESSES section for the
address and phone number). You may also submit comments through the
internet at https://www.regulations.gov.
    Persons wishing the FAA to acknowledge receipt of their comments on
this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2022-0048; Airspace Docket No. 22-ASO-01.'' The postcard
will be date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this document may be changed in light of the
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://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 address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined between 8:00 a.m. and
4:30 p.m., Monday through Friday, except federal holidays at the office
of the Eastern Service Center, Federal Aviation Administration, Room
350, 1701 Columbia Avenue, College Park, GA 30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, Airspace
Designations and Reporting Points, dated August 10, 2021, and effective
September 15, 2021. FAA Order JO 7400.11F is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11F
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

The Proposal

    The FAA proposes an amendment to Title 14 CFR part 71 to amend
Class D airspace and Class E airspace extending upward from 700 feet
above the surface for Gulf Shores International Airport/Jack Edwards
Field (formerly Jack Edwards National Airport), Gulf Shores, AL, by
updating the airport name, and amending the descriptions, by adding
``when active'' in reference to Restricted Area R-2908.
    Class D and Class E airspace designations are published in
Paragraphs 5000 and 6005, respectively, of FAA Order JO 7400.11F, dated
August 10, 2021, and effective September 15, 2021, which is
incorporated by reference in 14 CFR 71.1. The Class D and E airspace
designations listed in this document will be published subsequently in
FAA Order JO 7400.11.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

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.

Lists 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 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 Federal Aviation
Administration Order JO 7400.11F, Airspace Designations and Reporting
Points, dated August 10, 2021, and effective September 15, 2021, is
amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO AL D Gulf Shores, AL [Amended]

Gulf Shores International Airport/Jack Edwards Field, AL
    (Lat. 30[deg]17''23''W''N, long. 87[deg]40'18''W)

    That airspace extending upward from the surface to and including
2,000 feet MSL, within a 4.3-mile radius of Gulf Shores
International Airport/Jack Edwards Field, excluding that airspace
within Restricted Area R-2908, when active. This Class D airspace
area is effective during the specific dates and times established in
advance by a Notice to Airmen. The effective date and time will
thereafter be continuously published in the Chart Supplement.

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

* * * * *

ASO AL E5 Gulf Shores, AL [Amended]

Gulf Shores International Airport/Jack Edwards Field, AL
    (Lat. 30[deg]17'23'W''N, long. 87[deg]40'18''W)

    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of Gulf Shores International Airport/Jack
Edwards Field, excluding that airspace within Restricted Area R-
2908, when active.

    Issued in College Park, Georgia, on February 22, 2022.
Matthew N. Cathcart,
Manager, Operations Support Group Eastern Service Center, AJV-E2.
[FR Doc. 2022-04081 Filed 2-25-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 223 (Monday, November 19, 2012)]
[Notices]
[Pages 69517-69519]
[FR Doc No: 2012-28049]

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SECURITIES AND EXCHANGE COMMISSION

[Securities Exchange Act of 1934; Release No. 68224/November 14, 2012:
Investment Company Act of 1940; Release No. 30261/November 14, 2012]

Order Granting Exmeptions From Specified Provisions of the
Securities Exchange Act and the Investment Company Act and Certain
Rules Thereunder; Order Under Section 17a and Section 36 of the
Securities Exchange Act of 1934 Granting Exemptions From Specified
Provisions of the Exchange Act and Certain Rules Thereunder; Order
Under Section 6(C) and Section 38(A) of the Investment Company Act of
1940 Granting Exemptions From Specified Provisions of the Investment
Company Act and Certain Rules Thereunder

    Section 36 of the Securities Exchange Act of 1934 (the ``Exchange
Act'') authorizes the Securities and Exchange Commission (the
``Commission''), by rule, regulation or order, to exempt, either
conditionally or unconditionally, any person, security or transaction,
or any class or classes of persons, securities or transactions, from
any provision or provisions of the Exchange Act or any rule or
regulation thereunder, to the extent that such exemption is necessary
or appropriate in the public interest, and is consistent with the
protection of investors.
    Section 17A(c)(1) of the Exchange Act provides that the appropriate
regulatory agency, by rule or by order, upon its own motion or upon
application, may conditionally or unconditionally exempt any person or
security or class of persons or securities from any provision of that
section or any rule or regulation prescribed under Section 17A, if the
appropriate regulatory agency finds that such exemption is in the
public interest and consistent with the protection of investors and the
purposes of this section, including the prompt and accurate clearance
and settlement of securities transactions and the safeguarding of
securities and funds.\1\
---------------------------------------------------------------------------

    \1\ Section 3(a)(34)(B) of the Exchange Act defines
``appropriate regulatory authority'' when used in the context of
transfer agents as generally: (1) The Comptroller of the Currency,
in the case of a national bank or a subsidiary of such bank; (2) the
Board of Governors of the Federal Reserve System, in the case of a
state member bank of the Federal Reserve System, a subsidiary
thereof, a bank holding company or a subsidiary of a bank holding
company; (3) the Federal Deposit Insurance Corporation, in the case
of a bank insured by the Federal Deposit Insurance Corporation; and
(4) the Commission, in the case of all other transfer agents.
Section 17A(c)(1) also requires that the Commission not object to
the use of exemptive authority in instances where an appropriate
regulatory authority other than the Commission is providing
exemptive relief.
---------------------------------------------------------------------------

    Section 6(c) of the Investment Company Act of 1940 (the ``Company
Act'') provides that the Commission may conditionally or
unconditionally exempt any person, security or transaction, or any
class or classes of persons, securities or transactions, from any
provision or provisions of the Company Act, or any rule or regulation
thereunder, if and to the extent that such exemption is necessary or
appropriate in the public interest and consistent with the protection
of investors and the purposes fairly intended by the policy and
provisions of the Company Act. Section 38(a) of the Company Act
provides that the Commission may make, issue, amend and rescind such
rules and regulations and such orders as are necessary or appropriate
to the exercise of the powers conferred upon the Commission under the
Company Act. The necessity for prompt action of the Commission does not
permit prior notice of the Commission's action.
    Hurricane Sandy made landfall along the mid-Atlantic Coast on
October 29, 2012. The storm and subsequent flooding have displaced
individuals and businesses and disrupted communications and
transportation across the mid-Atlantic region. We are issuing this
Order to address the needs of companies and individuals directly or
indirectly affected by Hurricane Sandy that must comply with the
requirements of the federal securities laws.

I. Filing Requirements for Registrants and Other Persons

    The lack of communications, transportation, electricity, facilities
and available staff and professional advisors as a result of Hurricane
Sandy could hamper the efforts of public companies and other persons
with filing obligations to meet their filing deadlines. At the same
time, investors have an interest in the timely availability of required
information about these companies and the activities of persons
required to file schedules and reports with respect to these companies.
While the Commission believes that the relief from filing requirements
provided by this Order is both necessary in the public interest and
consistent with the protection of investors, we remind public companies
and other persons who are the subjects of this Order to continue to
evaluate their obligations to make materially accurate and complete
disclosures in accordance with the anti-fraud provisions of the federal
securities laws.
    Accordingly, it is ordered, pursuant to Section 36 of the Exchange
Act, that a registrant (as defined in Exchange Act Rule 12b-2) subject
to the reporting requirements of Exchange Act Section 13(a) or 15(d),
and any person required to make any filings with respect to such a
registrant, is exempt from any requirement to file or furnish materials
with the Commission under Exchange Act Sections 13(a), 13(d), 13(f),
13(g), 14(a), 14(c), 15(d) and 16(a), Regulations 13A, 13D, 13G, 14A,
14C and 15D, and Exchange Act Rules 13f-1 and 16a-3, as applicable, for
the period from and including October 29, 2012 to November 20, 2012,
where the conditions below are satisfied.

Conditions

    (a) The registrant or person other than a registrant is not able to
meet a filing deadline due to Hurricane Sandy and its aftermath;
    (b) The registrant or person other than a registrant files with the
Commission any report, schedule or form required to be filed during the
period from and including October 29, 2012 to November 20, 2012, on or
before November 21, 2012; and (c) In any such report, schedule or form
filed pursuant to this Order, the registrant or person other than a
registrant must disclose that it is relying on this Order and state the
reasons why, in good faith, it could not file such report, schedule or
form on a timely basis.

II. Furnishing of Proxy and Information Statements

    The conditions in the areas affected by Hurricane Sandy, including
displacement of thousands of individuals and the destruction of
property, have prevented and will continue to prevent the delivery of
mail to the affected areas. In light of these conditions, we believe
that relief is warranted for those seeking to comply with our rules
imposing requirements to furnish materials to security holders when
mail delivery is not possible.
    Accordingly, it is ordered, pursuant to Section 36 of the Exchange
Act, that a registrant or any other person is exempt from the
requirements to furnish proxy statements, annual reports and other
soliciting materials, as applicable (the ``Soliciting Materials''),
under Exchange Act Rules 14a-3 and 14a-12, and the requirements to
furnish information statements and annual reports, as applicable (the
``Information Materials''), under Exchange Act Rules 14c-2 and 14c-3,
where the conditions below are satisfied.

Conditions

    (a) The registrant's security holder has a mailing address located
within a zip code where, as a result of Hurricane Sandy, the United
States Postal Service has suspended mail service of the type or class
customarily used by the registrant;
    (b) The registrant or other person making a solicitation has
followed normal procedure when furnishing the Soliciting Materials to
the security holder in order to ensure that the Soliciting Materials
preceded or accompanied the proxy, as required by the rules applicable
to the particular form of Soliciting Materials, or, in the case of
Information Materials, the registrant has followed normal procedure
when furnishing the Information Materials to the security holder in
accordance with the rules applicable to Information Materials; and
    (c) If requested by the security holder, the registrant or other
person provides the Soliciting Materials or Information Materials by a
means reasonably designed to furnish the Soliciting Materials or
Information Materials to the security holder.
    Any registrant or other person unable to meet a deadline (including
any shareholder who is unable to meet a deadline applicable to a
shareholder proposal) or a delivery obligation as a result of Hurricane
Sandy, or in need of other assistance related to their public filings,
should contact the Division of Corporation Finance at<PHONE_NUMBER> or
at https://tts.sec.gov/cgi-bin/corp_fin_interpretive. The Division
will consider any requests on a case-by-case basis.

III. Relief Relating Specifically to Registered Investment Companies
Regarding Transmittal of Annual and Semi-Annual Reports to Investors
Required by the Company Act and the Rules Thereunder

    For reasons similar to those cited in Section II, we believe that
relief is warranted for the transmittal by registered management
investment companies and registered unit investment trusts
(collectively, ``registered investment companies'') of annual and semi-
annual reports to investors.
    Accordingly, it is ordered, pursuant to Sections 6(c) and 38(a) of
the Company Act that, for the period from and including October 29,
2012 to November 20, 2012, a registered investment company is exempt
from the requirements of Section 30(e) of the Company Act and Rule 30e-
1 thereunder to transmit annual and semi-annual reports to investors
affected by Hurricane Sandy; and
    For the period from and including October 29, 2012 to November 20,
2012, a registered unit investment trust is exempt from the
requirements of Section 30(e) of the Company Act and Rule 30e-2
thereunder to transmit annual and semi-annual reports to unitholders
affected by Hurricane Sandy,

Provided That

    (a) The affected investor's mailing address for transmittal as
listed in the records of the registered investment company has a zip
code for which the United States Postal Service has suspended mail
service, as a result of Hurricane Sandy, of the type or class
customarily used by the registered investment company for transmittal
of reports; and
    (b) The registered investment company or other person promptly
transmits the reports to affected investors: (i) If requested by the
investor; or (ii) at the earlier of November 21, 2012 or the resumption
of the applicable mail service.
    Registered investment companies experiencing difficulties in
complying with their obligations after November 20, 2012, with the
filing of Forms N-SAR or N-MFP, or in need of additional information or
assistance regarding issues arising under the Company Act, should
contact the Division of Investment Management, Office of Chief Counsel,
at<PHONE_NUMBER> or<EMAIL_ADDRESS>Registered investment advisers
experiencing difficulties arising from Hurricane Sandy in complying
with their obligations such as the filing of Form PF, or in need of
additional information or assistance regarding issues arising under the
Investment Advisers Act of 1940, should contact the Division of
Investment Management, Office of Investment Adviser Regulation, at
(202) 551-6999 or<EMAIL_ADDRESS>
IV. Transfer Agent Compliance With Sections 17a and 17(F) of the
Exchange Act

    Exchange Act Section 17A and Section 17(f), as well as the rules
promulgated under Sections 17A and 17(f), contain requirements for
registered transfer agents relating to, among other things, processing
securities transfers, safekeeping of investor and issuer funds and
securities, and maintaining records of investor ownership. Following
the events of Hurricane Sandy, registered transfer agents located in
the affected region may have difficulty complying with some or all of
their obligations as registered transfer agents. In addition,
registered transfer agents located outside the affected region in many
cases may be unable to conduct business with entities or
securityholders inside the region, thereby making it difficult to
process securities transactions and corporate actions in conformance
with Section 17A, Section 17(f) and the rules thereunder.
    While the national clearance and settlement system continues to
operate well in light of this emergency, the Commission recognizes that
securities transfers and payments to and from securityholders in the
affected region may present compliance issues for many transfer agents.
Therefore, the Commission is using its authority under Section 17A and
Section 36 of the Exchange Act to relax temporarily certain regulatory
provisions in order to provide transfer agents with flexibility in
coping with the situation.\2\ The Commission finds the following
exemption to be in the public interest and consistent with the
protection of investors and the purpose of Section 17A of the Exchange
Act, including the prompt and accurate clearance and settlement of
securities transactions and the safeguarding of securities and funds.
---------------------------------------------------------------------------

    \2\ This order temporarily exempts transfer agents from the
requirements of (1) Section 17A of the Exchange Act and Rules 17Ad-1
through 17Ad-20 thereunder and (2) Section 17(f) of the Exchange Act
and Rules 17f-1 and 17f-2 thereunder.
---------------------------------------------------------------------------

    Accordingly, it is ordered, pursuant to Sections 17A and 36 of the
Exchange Act, that any registered transfer agent that is unable to
comply with Section 17A and Section 17(f) of the Exchange Act and the
rules promulgated thereunder, as applicable, due to Hurricane Sandy and
its aftermath is hereby temporarily exempted from complying with such
provisions for the period from and including October 29, 2012 to
December 1, 2012, where the conditions below are satisfied.

Conditions

    (a) A registered transfer agent relying on this Order must notify
the Commission in writing by November 19, 2012 of the following:
    (1) The transfer agent is relying on this Order;
    (2) A statement of the reasons why, in good faith, the transfer
agent is unable to comply with Section 17A and Section 17(f) of the
Exchange Act and the rules promulgated thereunder, as applicable;
    (3) If the transfer agent knows or believes that the books and
records it is required to maintain pursuant to Section 17A and the
rules thereunder were lost, destroyed or materially

damaged, information, to the extent reasonably available, as to the
type of books and records that were maintained, the names of the
issuers for whom such books and records were maintained, the extent of
the loss of, or damage to, such books and records, and the steps taken
to ameliorate any such loss or damage; and
    (4) If the transfer agent knows or believes that funds or
securities belonging to either issuers or securityholders and within
its possession were, for any reason, lost, destroyed, stolen or
unaccounted for, information, to the extent reasonably available,
regarding the dollar amount of any such funds and the number of such
securities and the steps taken to ameliorate any such loss; and
    (b) Transfer agents that have custody or possession of any
securityholder or issuer funds or securities shall use all reasonable
means available to ensure that all such securities are held in
safekeeping and are handled, in light of all facts and circumstances,
in a manner reasonably free from risk of theft, loss, or destruction
and that all funds are protected against misuse. To the extent
possible, all securityholder or issuer funds that remain in the custody
of the transfer agent shall be maintained in a separate bank account
held for the exclusive benefit of securityholders until such funds are
properly remitted.
    The notification required under (a) above shall be sent to: U.S.
Securities and Exchange Commission, Division of Trading and Markets,
100 F Street NE., Washington, DC 20549-7010.
    The Commission encourages registered transfer agents and the
issuers for whom they act to inform affected securityholders whom they
should contact concerning their accounts, their access to funds or
securities, and other shareholder concerns. If feasible, issuers and
their transfer agents should consider placing a notice on their Web
sites or providing toll free numbers to respond to inquiries.
    Transfer agents experiencing difficulties in complying with
obligations after December 1, 2012, or in need of additional
information, should contact the Division of Trading and Markets at
(202) 551-5777 or at<EMAIL_ADDRESS>
V. Independence--Bookkeeping or Other Services Related to the
Accounting Records or Financial Statements of the Audit Client

    The conditions in the areas affected by Hurricane Sandy, including
displacement of individuals, the destruction of property and loss or
destruction of corporate records, may require extraordinary efforts to
reconstruct lost or destroyed accounting records. The Commission
understands that in this unique situation an audit client may look to
its auditor for assistance in reconstruction of its accounting records
because of the auditor's knowledge of the client's financial systems
and records. Under Section 10A(g)(1) of the Exchange Act and Rule 2-
01(c)(4)(i) of Regulation S-X, auditors are prohibited from providing
bookkeeping or other services relating to the accounting records of the
audit client, and in Rule 2-01(c)(4)(i) of Regulation S-X, these
prohibited services are described as including ``maintaining or
preparing the audit client's accounting records'' or ``preparing or
originating source data underlying the audit client's financial
statements.'' In light of the conditions in areas affected by Hurricane
Sandy, however, we believe that limited relief from these prohibitions
is warranted for those registrants and other persons that are required
to comply with the independence requirements of the federal securities
laws and the Commission's rules and regulations thereunder and that are
affected by those conditions. Accordingly, It Is Ordered, pursuant to
Section 36 of the Exchange Act, that independent certified public
accountants engaged to provide audit services to registrants and other
persons required to comply with the independence requirements of the
federal securities laws and the Commission's rules and regulations
thereunder are exempt from the requirements of Section 10A(g)(1) of the
Exchange Act and Rule 2-01(c)(4)(i) of Regulation S-X, where the
conditions below are satisfied.

Conditions

    (a) Services provided by the auditor are limited to reconstruction
of previously existing accounting records that were lost or destroyed
as a result of Hurricane Sandy and such services cease as soon as the
audit client's lost or destroyed records are reconstructed, its
financial systems are fully operational and the client can effect an
orderly and efficient transition to management or other service
provider; and
    (b) Services provided by the auditor to its audit client pursuant
to this Order are subject to pre-approval by the audit client's audit
committee as required by Rule 2-01(c)(7) of Regulation S-X.
    Auditors or audit clients with questions about this section of the
Order or with other questions relating to auditor independence are
encouraged to call the Office of the Chief Accountant directly at (202)
551-5300.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-28049 Filed 11-16-12; 8:45 am]
BILLING CODE 8011-01-P