[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Notices]
[Pages 31141-31142]
[FR Doc No: 2018-14323]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2018-0391, FRL-9980-03-OLEM]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Facility Ground-Water Monitoring Requirements
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit the information collection request (ICR) Facility Ground-Water
Monitoring Requirements (Renewal) (EPA ICR No. 0959.16, OMB Control No.
2050-0033) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act (PRA). Before
doing so, the EPA is soliciting public comments on specific aspects of
the proposed information collection as described below. This is a
proposed extension of the ICR, which is currently approved through
October 31, 2018. An Agency may not conduct or sponsor and a person is
not required to respond to a collection of information unless it
displays a currently valid OMB control number.

DATES: Comments must be submitted on or before September 4, 2018.

ADDRESSES: Submit your comments, referencing by Docket ID No. EPA-HQ-
OLEM-2018-0391, online using www.regulations.gov (our preferred
method), by email to [email protected], or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other

information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Peggy Vyas, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, the EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. The
EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval. At that time, the EPA will issue another Federal
Register notice to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB.
    Abstract: Subtitle C of the Resource Conservation and Recovery Act
(RCRA) creates a comprehensive program for the safe management of
hazardous waste. Section 3004 of RCRA requires owners and operators of
facilities that treat, store, or dispose of hazardous waste to comply
with standards established by EPA that are to protect the environment.
Section 3005 provides for implementation of these standards under
permits issued to owners and operators by EPA or authorized States.
Section 3005 also allows owners and operators of facilities in
existence when the regulations came into effect to comply with
applicable notice requirements to operate until a permit is issued or
denied. This statutory authorization to operate prior to permit
determination is commonly known as ``interim status.'' Owners and
operators of interim status facilities also must comply with standards
set under Section 3004.
    This ICR examines the ground-water monitoring standards for
permitted and interim status facilities at 40 CFR parts 264 and 265, as
specified. The ground-water monitoring requirements for regulated units
follow a tiered approach whereby releases of hazardous contaminants are
first detected (detection monitoring), then confirmed (compliance
monitoring), and if necessary, are required to be cleaned up
(corrective action). Each of these tiers requires collection and
analysis of ground-water samples. Owners or operators that conduct
ground-water monitoring are required to report information to the
oversight agencies on releases of contaminants and to maintain records
of ground-water monitoring data at their facilities. The goal of the
ground-water monitoring program is to prevent and quickly detect
releases of hazardous contaminants to groundwater, and to establish a
program whereby any contamination is expeditiously cleaned up as
necessary to protect human health and environment.
    Form numbers: None.
    Respondents/affected entities: Business or other for-profit; and
State, Local, or Tribal Governments.
    Respondent's obligation to respond: Mandatory (RCRA Sections 3004
and 3005).
    Estimated number of respondents: 881.
    Frequency of response: Quarterly, semi-annually, and annually.
    Total estimated burden: 117,027 hours per year. Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $22,424,224 (per year), includes $17,870,276
annualized capital or operation & maintenance costs.
    Changes in estimates: The burden hours are likely to stay
substantially the same.

    Dated: June 19, 2018.
Barnes Johnson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2018-14323 Filed 7-2-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: October 14, 2009 (Volume 74, Number 197)]
[Proposed Rules]
[Page 52702-52703]
[DOCID:fr14oc09-22]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-0858; Airspace Docket No. 09-ASW-22]

Proposed Amendment of Class E Airspace; Llano, TX

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace at Llano, TX.
Additional controlled airspace is necessary to accommodate new Standard
Instrument Approach Procedures (SIAPs) at Llano Municipal Airport,
Llano, TX. This action would also update the geographic coordinates of
Llano Municipal Airport to coincide with the FAAs National Aeronautical
Charting Office. The FAA is taking this action to enhance the safety
and management of Instrument Flight Rules (IFR) operations for SIAPs at
Llano Municipal Airport.

DATES: 0901 UTC. Comments must be received on or before November 30,
2009.

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. You
must identify the docket number FAA-2009-0858/Airspace Docket No. 09-
ASW-22, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527), is on the ground floor of the building at
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in 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 and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2009-0858/
Airspace Docket No. 09-ASW-22.'' The postcard will be date/time stamped
and returned to the commenter.

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 http://
www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_
amendments/.
    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration (FAA),
Office of Air Traffic Airspace Management, ATA-400, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling<PHONE_NUMBER>.
Communications must identify both docket numbers for this notice.
Persons interested in being placed on a mailing list for future NPRMs
should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), part 71 by adding additional Class E airspace extending
upward from 700 feet above the surface for SIAPs operations at Llano
Municipal Airport, Llano, TX. This action would also update the
geographic coordinates of Llano Municipal Airport. Controlled airspace
is needed for the safety and management of IFR operations at the
airport.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9T, dated August 27, 2009, and effective September 15, 2009, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    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 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.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, 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 add additional controlled airspace at Llano Municipal
Airport, Llano, TX.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

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

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

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

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

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.9T, Airspace Designations and Reporting Points, signed August 27,
2009, and effective September 15, 2009, is amended as follows:

Paragraph 6005: Class E Airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ASW TX E5 Llano, TX [Amended]

Llano Municipal Airport, TX
    (Lat. 30[deg]47'01'' N., long. 98[deg]39'43'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Llano Municipal Airport and within 4
miles each side of the 359[deg] bearing from the airport extending
from the 6.5-mile radius to 13.5 miles north of the airport.
* * * * *

    Issued in Fort Worth, TX, on October 1, 2009.
Walter L. Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E9-24625 Filed 10-13-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 142 (Wednesday, July 24, 2013)]
[Notices]
[Pages 44620-44621]
[FR Doc No: 2013-17679]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0045]

Reports, Forms and Record Keeping Requirements; Agency
Information Collection Activity Under OMB Review

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice announces that the Information
Collection Request (ICR) abstracted below will be forwarded to the
Office of Management and Budget (OMB) for review and comment. The ICR
describes the nature of the information collection and its expected
burden. The Federal Register Notice with a 60-day comment period was
published on April 18, 2013 (78 FR 23330). No comments were received.
    Comments: Comments should be directed to the Office of Information
and Regulatory Affairs, Office of Management and Budget, 725 17th
Street NW., Washington, DC 20503, Attention NHTSA Desk Officer.
    Type of Request: Extension of a currently approved collection.
    Form Number: This collection of information uses no standard forms.

DATES: Comments must be submitted on or before August 23, 2013.

FOR FURTHER INFORMATION CONTACT: John Piazza, National Highway Traffic
Safety Administration, Office of the Chief Counsel (NCC-111), (202)
366-9511, 1200 New Jersey Avenue SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

National Highway Traffic Safety Administration

    Title: Criminal Penalty Safe Harbor Provision.
    OMB Control Number: 2127-0609.
    Frequency: We believe that there will be very few criminal
prosecutions under 49 U.S.C. 30170, given the lack of prosecutions
under the statute to date. Accordingly, it is not likely to be a
substantial motivating force for a submission of a corrected report in
response to an agency request for information. See Summary of the
Collection of Information below. Based on our experience to date, we
estimate that no more than one (1) person per year would be subject to
this collection of information, and we do not anticipate receiving more
than one report a year from any particular person.
    Affected Public: This collection of information would apply to any
person who seeks a ``safe harbor'' from potential criminal liability
under 49 U.S.C. 30170. Thus, the collection of information could apply
to the manufacturers, any officers or employees thereof, and other
persons who respond or have a duty to respond to an information
provision requirement pursuant to 49 U.S.C. 30166 or a regulation,
requirement, request or order issued thereunder.
    Abstract: NHTSA has published a final rule related to ``reasonable
time'' and sufficient manner of ``correction,'' as they apply to the
safe harbor from criminal penalties, as required by Section 5 of the
Transportation Recall Enhancement, Accountability, and Documentation
(TREAD) Act (Pub. L. 106-414), which was enacted on November 1, 2000.
65 FR 38380 (July 24, 2001).
    Estimated Annual Burden: Using the above estimate of one (1)
affected person a year, with an estimated two (2) hours of preparation
to collect and provide the information, at an assumed rate of $26.70 an
hour, the annual, estimated cost of collecting and preparing the

information necessary for one complete ``safe harbor'' correction is
$53.40. Adding in a postage cost of $0.46 (one report at a cost of 46
cents to mail each one), we estimate that it will cost $53.86 a year
for persons to prepare and submit the information necessary to satisfy
the safe harbor provision of 49 U.S.C. 30170.
    Since nothing in this rule would require those persons who submit
reports pursuant to this rule to keep copies of any records or reports
submitted to us, the cost imposed to keep records would be zero hours
and zero costs.
    Number of Respondents: We estimate that there will be no more than
one per year.
    Summary of the Collection of Information: Any person seeking
protection from criminal liability under 49 U.S.C. 30170 related to an
improper report or failure to report pursuant to 49 U.S.C. 30166, or a
regulation, requirement, request or order issued thereunder, is and
will be required to report the following information to NHTSA: (1) Each
previous improper item of information or document and each failure to
report that was required under 49 U.S.C. 30166, or a regulation,
requirement, request or order issued thereunder, (2) the specific
predicate under which each improper or omitted report should have been
provided, and (3) the complete and correct reports, including all
information that was improperly submitted or that should have been
submitted and all relevant documents that were not previously submitted
to NHTSA or, if the person cannot provide this, then a full detailed
description of that information or of the content of those documents
and the reason why the individual cannot provide them to NHTSA.

ADDRESSES: Send comments, within 30 days, to the Office of Information
and Regulatory Affairs, Office of Management and Budget, 725 17th
Street NW., Washington, DC 20503, Attention NHTSA Desk Officer.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimate of the burden of the
proposed information collection; ways to enhance the quality, utility
and clarity of the information to be collected; and ways to minimize
the burden of the collection of information on respondents, including
the use of automated collection techniques or other forms of
information technology. A Comment to OMB is most effective if OMB
receives it within 30 days of publication.
    Issued in Washington, DC under authority delegated in 49 CFR 1.95.

O. Kevin Vincent,
Chief Counsel.
[FR Doc. 2013-17679 Filed 7-23-13; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 88, Number 102 (Friday, May 26, 2023)]
[Notices]
[Pages 34196-34199]
[FR Doc No: 2023-11313]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-619, OMB Control No. 3235-0681]

Proposed Collection; Comment Request; Extension: Rules 15Ba1-1
Through 15Ba1-8

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information provided for in Rules 15Ba1-1 to 15Ba1-8 (17 CFR 240.15Ba1-
1 to 17 CFR 240.15Ba1-8)--Registration of Municipal Advisors, under the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) (the ``Exchange
Act''). The Commission plans to submit this existing collection of
information to the Office of Management and Budget (``OMB'') for
extension and approval.
    On September 20, 2013 (see 78 FR 67468, November 12, 2013), the
Commission adopted Rules 15Ba1-1 through 15Ba1-8 and Rule 15Bc4-1 under
the Exchange Act to establish the rules by which a municipal advisor
must obtain, maintain, and terminate its registration with the
Commission. In addition, the rules interpret the definition of the term
``municipal advisor,'' interpret the statutory exclusions from that
definition, and provide certain additional regulatory exemptions. The
rules became effective on January 13, 2014; however, on January 13,
2014, the Commission temporarily stayed such rules until July 1, 2014
(see 79 FR 2777, January 16, 2014). Amendments to Form MA and Form MA-I
designed to eliminate aspects of the forms that request filers to
provide certain forms of personally identifiable information of natural
persons, including Social Security numbers, dates of birth, and foreign
identity numbers became effective on May 14, 2018 (see 83 FR 22190, May
14, 2018). Section 15B(a)(1) of the Exchange Act makes it unlawful for
a municipal advisor to provide advice to or on behalf of a municipal
entity or obligated person with respect to municipal financial products
or the issuance of municipal securities, or to undertake certain
solicitations of a municipal entity or obligated person, unless the
municipal advisor is registered with the Commission. The rules, among
other things: (i) require municipal advisors to file certain forms
(i.e., Form MA, Form MA-A, Form MA/A, Form MA-I, Form MA-I/A, Form MA-
NR, and Form MA-W) with the Commission to obtain, maintain, or
terminate their registration with the Commission and maintain certain
books and records in accordance with the Exchange Act, and (ii) set
forth how certain entities may meet the requirements of the statutory
exclusions or regulatory exemptions from the definition of ``municipal
advisor.''

Form MA

    The initial application for municipal advisor registration under
Form MA is a one-time reporting burden. The Commission estimates that
approximately 15 respondents will submit new Form MA applications
annually in each of the next three years.\1\ The Commission further
estimates that the average amount of time for a municipal advisor to
complete a new Form MA submission will be approximately 3.5 hours.
Thus, the total annual burden borne by respondents for submitting an
initial Form MA application will be approximately 53 hours.\2\ The
Commission estimates that respondents submitting new Form MA
applications would, on average, consult with outside counsel for one
hour, at a rate of $518/hour. Thus, the Commission estimates that the
average total annual cost that

may be incurred by all respondents filing new Form MA applications will
be $7,770.\3\
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    \1\ The estimate is derived by averaging the number of Form MA
filings over the last three years. There were 21 Form MA submissions
in 2020, 16 Form MA submissions in 2021, and 8 Form MA submissions
in 2022.
    \2\ 15 respondents x 3.5 hours = 52.5 hours.
    \3\ 15 respondents x ($518/hour x 1 hour) = $7,770.
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    In addition to filing initial Form MA applications, the rules
require municipal advisors to amend Form MA once annually (Form MA-A)
and after the occurrence of any enumerated material event (Form MA/A).
The requirement to amend Form MA applies to all registered municipal
advisors. As of December 31, 2022, there were approximately 446
municipal advisors registered with the Commission and, as noted above,
the Commission anticipates receiving 15 new Form MA submissions
annually in each of the next three years; however, the Commission also
estimates that it will receive an average of 35 withdrawals on Form MA-
W annually in each of the next three years,\4\ and the Commission
further estimates that it will enter orders cancelling or revoking the
registration of 9 municipal advisors on average in each of the next
three years,\5\ for a net decrease of 29 municipal advisors annually in
each of the next three years.\6\ Therefore, the Commission expects that
the rules' requirement to amend Form MA will apply to approximately 417
municipal advisors in year one, approximately 388 municipal advisors in
year two, and approximately 359 municipal advisors in year three. The
Commission estimates that the average amount of time for a municipal
advisor to prepare an annual amendment to Form MA would be 1.5 hours,
and the average amount of time necessary to prepare any interim
updating amendment to Form MA other than the required annual amendment
would be 0.5 hours. The Commission further estimates that each
municipal advisor will likely submit two amendments annually in each of
the next three years (one Form MA-A and one Form MA/A). Thus, the
Commission estimates that the average annual burden borne by
respondents for amending Form MA during the three-year period will be
approximately 776 hours.\7\
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    \4\ See infra Form MA-W section.
    \5\ The estimate is derived by averaging the number of
CANCELLATION-MA and REVOCATION-MA filings over the last three years.
There were 0 CANCELLATION-MA filings in 2020, 18 CANCELLATION-MA
filings in 2021, and 9 CANCELLATION-MA filings in 2022. There were 0
REVOCATION-MA filings in 2020, 0 REVOCATION-MA filings in 2021, and
0 REVOCATION-MA filings in 2022. ((0 + 0) + (18 + 0) + (9 + 0))/3 =
9.
    \6\ 15-(35 + 9) =-29.
    \7\ ((417 respondents x 2 hours) + (388 respondents x 2 hours) +
(359 respondents x 2 hours))/3 = 776 hours.
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Form MA-I

    The initial completion of Form MA-I for each natural person who is
a person associated with a municipal advisor is a one-time reporting
burden. The Commission estimates that it will receive approximately 330
new Form MA-I submissions annually in each of the next three years.\8\
The Commission further estimates that the average amount of time for a
municipal advisor to complete a new Form MA-I submission will be
approximately three hours. Thus, the total annual burden borne by
respondents submitting an initial Form MA-I will be approximately 990
hours.\9\
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    \8\ The estimate is derived by averaging the number of Form MA-I
submissions over the last three years and rounding up. There were
293 Form MA-I submissions in 2020, 363 Form MA-I submissions in
2021, and 332 Form MA-I submissions in 2022.
    \9\ 330 submissions x 3 hours = 990 hours.
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    In addition, municipal advisors will need to complete updating
amendments to Form MA-I whenever the information previously provided
therein becomes inaccurate, or to indicate that the individual is no
longer an associated person of the municipal advisor or no longer
engages in municipal advisory activities on its behalf. The Commission
estimates that a Form MA-I respondent will submit an average of 2.39
updating amendments annually in each of the next three years (Form MA-
I/A), and that each such amendment will take approximately 0.5 hours to
complete.\10\ As of December 31, 2022, there were approximately 3,254
Form MA-Is on file with the Commission for natural persons actively
associated with a municipal advisor \11\ and, as noted above, the
Commission anticipates receiving 330 new Form MA-I submissions annually
in each of the next three years. Therefore, the Commission expects the
rules' requirement to amend Form MA-I to apply to approximately 3,584
Form MA-Is in year one, approximately 3,914 Form MA-Is in year two, and
approximately 4,244 Form MA-Is in year three. Thus, the Commission
estimates that the average annual burden borne by respondents
submitting Form MA-I amendments during the three-year period will be
approximately 4,677 hours.\12\
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    \10\ The estimate is derived by averaging the number of updating
amendments submitted by respondents over the last three years. In
2020, the average number was 1,080 Form MA-I/As/525 municipal
advisors = 2.06. In 2021, the average number was 1,163 Form MA-I/As/
477 municipal advisors = 2.44. In 2022, the average number was 1,188
Form MA-I/As/446 municipal advisors = 2.66. Averaging the average
number of updating amendments for the last three years: (2.06 (2020)
+ 2.44 (2021) + 2.66 (2022))/3 = 2.39 updating amendments per year.
    \11\ The estimated number of active Form MA-I filings is derived
by taking the total number of Form MA-I submissions filed with the
Commission from the inception of the rules to December 31, 2022, and
subtracting the total number of Form MA-I/A withdrawals filed with
the Commission from the inception of the rules to December 31, 2022.
8,488 (Form MA-I submissions)-5,234 (Form MA-I/A withdrawals) =
3,254 active Form MA-Is on file.
    \12\ (((3,584 Form MA-I/As x (2.39 amendments x 0.5 hours)) +
((3,914 Form MA-I/As x (2.39 amendments x 0.5 hours)) + ((4,244 Form
MA-I/As x (2.39 amendments x 0.5 hours)))/3 = 4,677.23 hours.
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Form MA-W

    Withdrawal from municipal advisor registration is a one-time
reporting burden. The Commission estimates that it will receive an
average of 35 Form MA-W submissions annually in each of the next three
years.\13\ The Commission further estimates that the average amount of
time for a municipal advisor to complete each Form MA-W submission will
be approximately 0.5 hours. Thus, the total annual burden borne by
respondents submitting Form MA-W will be approximately 17.5 hours.\14\
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    \13\ The estimate of 35 Form MA-W submissions is derived by
averaging the number of Form MA-W submissions over the last three
years and rounding up. There were 28 Form MA-W submissions in 2020,
46 Form MA-W submissions in 2021, and 30 Form MA-W submissions in
2022.
    \14\ 35 respondents x 0.5 hours = 17.5 hours.
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Form MA-NR

    The designation of a U.S. agent for service of process is a one-
time reporting burden. The Commission estimates that approximately
three municipal advisors will have a non-resident general partner, non-
resident managing agent, or non-resident associated person \15\ and
such advisors will submit a total of approximately five Form MA-NRs
annually in each of the next three years.\16\ The Commission further
estimates that each Form MA-NR submission will take, on average,
approximately one hour to complete. Thus, the total annual burden borne
by respondents submitting Form MA-NR will be approximately 5 hours.\17\
---------------------------------------------------------------------------

    \15\ The estimate is derived by averaging the number of Form MA-
NR respondents over the last three years and rounding up. There were
two Form MA-NR respondents in 2020, one Form MA-NR respondent in
2021, and four Form MA-NR respondents in 2022.
    \16\ The estimate is derived by averaging the number of Form MA-
NR submissions over the last three years. There were seven Form MA-
NR submissions in 2020, two Form MA-NR submissions in 2021, and six
Form MA-NR submissions in 2022.
    \17\ 3 respondents x (5 Form MA-NR submissions/3 respondents) x
1 hour = 5 hours.
---------------------------------------------------------------------------

    In addition, each respondent that submits a Form MA-NR must also
provide an opinion of counsel on Form

MA stating that the municipal advisor can, as a matter of law, provide
the Commission with access to its books and records as required by law
and submit to inspection and examination by the Commission. The
Commission estimates that such an opinion of counsel would take three
hours to complete, at a rate of $518/hour. Thus, the Commission
estimates that the total annual burden borne by respondents providing
an opinion of counsel will be approximately nine hours.\18\ The
estimated average total cost that may be incurred by all respondents
providing an opinion of counsel will be $4,662.\19\
---------------------------------------------------------------------------

    \18\ 3 respondents x 3 hours = 9 hours.
    \19\ 3 respondents x (3 hours x $518/hour) = $4,662.
---------------------------------------------------------------------------

Consent To Service of Process From Certain Associated Persons

    The consent to service of process from certain associated persons
is a one-time recordkeeping burden. The Commission estimates that all
15 new municipal advisors expected to register with the Commission
annually in each of the next three years will have to develop a
template document to use in obtaining written consents to service of
process from their associated persons. The Commission further estimates
that each template document will take approximately one hour to draft.
Thus, the Commission estimates that the total annual burden borne by
respondents developing a template document will be approximately 15
hours.\20\
---------------------------------------------------------------------------

    \20\ 15 respondents x 1 hour = 15 hours.
---------------------------------------------------------------------------

    In addition to the one-time burden borne by new municipal advisors
that register with the Commission each year, the Commission estimates
that municipal advisors will need to obtain 330 new consents to service
of process from associated persons annually in each of the next three
years. The Commission further estimates that, after the written
consents are drafted, it will take municipal advisors approximately
0.10 hours to obtain each consent. Thus, the Commission estimates that
the total annual burden borne by respondents obtaining consents to
service of process will be 48 hours.\21\
---------------------------------------------------------------------------

    \21\ 15 hours + (330 respondents x 0.1 hours) = 48 hours.
---------------------------------------------------------------------------

Books and Records To Be Made and Maintained by Municipal Advisors

    The maintenance of books and records is an ongoing annual
recordkeeping burden. The Commission estimates that approximately 417,
388, and 359 municipal advisors will be subject to the books and
records rules annually in each of the next three years, respectively.
The Commission further estimates that the average annual burden for a
municipal advisor to comply with the books and records requirement is
approximately 182 hours. Thus, the Commission estimates that the
average annual burden borne by respondents to comply with the books and
records requirements during the three-year period will be approximately
70,616 hours.\22\
---------------------------------------------------------------------------

    \22\ ((417 respondents x 182 hours) + (388 respondents x 182
hours) + (359 respondents x 182 hours))/3 = 70,616 hours.
---------------------------------------------------------------------------

Independent Registered Municipal Advisor Exemption

    The written representations required pursuant to the exemption when
a municipal entity or obligated person is represented by an independent
registered municipal advisor is a one-time third-party disclosure
burden. The Commission estimates that approximately 188 persons will
seek to rely on the independent registered municipal advisor exemption
annually in each of the next three years.\23\ The Commission further
estimates that the one-time burden of developing a template disclosure
document to use in obtaining the written representations will be
approximately one hour. Thus, the Commission estimates that the total
one-time burden borne by respondents developing a template disclosure
document will be approximately 188 hours.\24\
---------------------------------------------------------------------------

    \23\ Estimate based on information obtained from Mergent
Municipal Bond Securities Database. The estimate is derived by
averaging the number of underwriters that participated in negotiated
transactions from 2020 to 2022 and rounding up. There were 193
underwriters that participated in negotiated transactions in 2020,
191 underwriters that participated in negotiated transactions in
2021, and 178 underwriters that participated in negotiated
transactions in 2022.
    \24\ 188 respondents x 1 hour = 188 hours.
---------------------------------------------------------------------------

    The Commission also recognizes that respondents will be subject to
a recurring burden each time they seek to rely on the exemption. The
Commission estimates that respondents may seek the exemption on
approximately 12,170 transactions annually in each of the next three
years.\25\ The Commission further estimates that the burden of
obtaining the written representations needed from the municipal entity
or obligated person will be approximately 0.25 hours. Thus, the
Commission estimates that the total annual burden borne by respondents
seeking to rely on the independent registered municipal advisor
exemption will be approximately 3,043 hours.\26\
---------------------------------------------------------------------------

    \25\ Estimate based on information obtained from Mergent
Municipal Bond Securities Database. The estimate is derived by
averaging the number of negotiated deals using an underwriter each
year from 2020 to 2022 and rounding up. There were 14,278 negotiated
deals using an underwriter in 2020, 11,855 negotiated deals using an
underwriter in 2021, and 10,376 negotiated deals using an
underwriter in 2022.
    \26\ 12,170 transactions x 0.25 hours = 3,042.5 hours.
---------------------------------------------------------------------------

Exception to Definition of Municipal Escrow Investments

    The written representations required to qualify for the exception
for reasonable reliance on representations related to municipal escrow
investments is a one-time third-party disclosure burden. The Commission
believes that state-registered investment advisers with municipal
entity clients are the persons most likely to rely on this exception.
The Commission estimates that approximately 432 respondents will seek
to rely on the exception.\27\ The Commission further estimates that the
one-time burden of creating a template document to use in obtaining the
written representations necessary to rely on the exception will be
approximately one hour. Thus, the Commission estimates that the total
one-time burden borne by respondents developing a template document
will be approximately 432 hours.\28\
---------------------------------------------------------------------------

    \27\ The Commission estimates in this section are based on
information reported directly by state-registered-only investment
advisers (i.e., not dual registrants) in Item 5.D.(i)(1) within Form
ADV, as of December 31, 2022. The number of state-registered
investment advisers that reported state or municipal government
entity clients in Item 5.D.(i)(1) within Form ADV = 432.
    \28\ 432 respondents x 1 hour = 432 hours.
---------------------------------------------------------------------------

    The Commission also recognizes that respondents will be subject to
a recurring burden each time they seek to rely on the exception. The
Commission estimates that the respondents will seek to rely on the
exception with approximately 1,356 municipal entity clients.\29\ The
Commission further estimates that the burden of obtaining the required
written representations from the respondent's client will be
approximately 0.25 hours. Thus, the Commission estimates that the total
annual burden borne by respondents seeking to rely on the municipal
escrow investments exemption will be approximately 339 hours.\30\
---------------------------------------------------------------------------

    \29\ The number of state or municipal government entity clients
reported by state-registered investment advisers in Item 5.D.(i)(1)
within Form ADV = 1,356.
    \30\ 1,356 clients x 0.25 hours = 339 hours.
---------------------------------------------------------------------------

Exception to Definition of Proceeds of Municipal Securities

    The written representations required to qualify for the exception
for reasonable reliance on representations related to proceeds of
municipal securities is a one-time third-party disclosure burden. The
Commission believes the persons most likely to rely on this exception
are state-registered

investment advisers with clients that are: (i) state or municipal
government entities, or (ii) certain pooled investment vehicles in
which municipal entities invest. The Commission estimates that
approximately 479 respondents will seek to rely on the exception.\31\
The Commission further estimates that the one-time burden of creating a
template document to use in obtaining the written representations
necessary to rely on the exception will be approximately one hour.
Thus, the Commission estimates that the total one-time burden borne by
respondents developing a template document will be approximately 479
hours.\32\
---------------------------------------------------------------------------

    \31\ The Commission estimates in this section are based on
information reported directly by state-registered-only investment
advisers (i.e., not dual registrants) in Items 5.D.(i)(1) and
5.D.(f)(1) within Form ADV, as of December 31, 2022. The number of
state-registered investment advisers that reported pooled investment
vehicle clients (other than investment company and business
development company clients) in Item 5.D.(f)(1) within Form ADV =
592. The percentage of state-registered investment advisers that
reported state or municipal government entity clients in Item
5.D.(f)(1) within Form ADV, out of the total number of state-
registered investment advisers = 8%. (592 x .08) = approximately 47
state-registered investment advisers with clients that are pooled
investment vehicles (other than registered investment companies and
business development companies) in which municipal entities invest.
The number of state-registered investment advisers that reported
state or municipal government entity clients in Item 5.D.(i)(1)
within Form ADV = 432. (47 + 432) = 479 respondents.
    \32\ 479 respondents x 1 hour = 479 hours.
---------------------------------------------------------------------------

    The Commission also recognizes that respondents will be subject to
a recurring burden each time they seek to rely on the exception. The
Commission estimates that respondents will seek to rely on the
exception in connection with services provided to approximately 2,989
clients.\33\ The Commission further estimates that the burden of
obtaining the required written representations from the respondent's
client will be approximately 0.25 hours. Thus, the Commission estimates
that the total annual burden borne by respondents seeking to rely on
the proceeds of municipal securities exception will be approximately
747 hours.\34\
---------------------------------------------------------------------------

    \33\ The number of state or municipal government entity clients
reported by state-registered investment advisers in Item 5.D.(i)(1)
within Form ADV = 1,356 clients. The number of pooled investment
vehicle clients (other than investment company and business
development company clients) reported by state-registered investment
advisers in Item 5.D.(f)(1) within Form ADV = 1,633 clients. (1,356
+ 1,633) = 2,989 clients.
    \34\ 2,989 clients x 0.25 hours = 747.25 hours.
---------------------------------------------------------------------------

    Written comments are invited on: (a) whether this proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information will
have practical utility; (b) the accuracy of the Commission's estimates
of the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication by July 25, 2023.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to David Bottom, Director/Chief
Information Officer, Securities and Exchange Commission, c/o John
Pezzullo, 100 F Street NE, Washington, DC 20549 or send an email to
[email protected].

    Dated: May 23, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-11313 Filed 5-25-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Rules and Regulations]
[Pages 7357-7359]
[FR Doc No: 2023-02160]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2023-0053]
RIN 1625-AA11

Removal of Regulated Navigation Areas Within District 5

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is updating District 5 regulations to remove
two regulated navigation areas in Captain of the Port Zone (COTP) North
Carolina within District 5 that are no longer needed. These areas were
created to address the impacts of extreme shoaling in the Oregon Inlet,
but subsequent Army Corps of Engineers dredging activities have
alleviated the issue. The Coast Guard is removing these regulated
navigation areas (RNAs) from the CFR to prevent confusion and to make
the regulations easy to use.

DATES: This final rule is effective immediately upon publication.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0053 in the search box and click ``Search.'' Next, in the Document
Type

column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: For information about this document
call or email Petty Officer Ken Farah, Waterways Management Division,
U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port North Carolina
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
RNA Regulated Navigation Area
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    This rule removes regulated navigation areas for regulations where
the need no longer reflects current conditions in the waterways. If a
change in circumstance indicates that additional safety measures are
necessary, the Coast Guard might choose to promulgate new regulations
to reflect that change. The changes to 33 CFR part 165 are authorized
under the general authority of 46 U.S.C. 70034, which grants the
Secretary of the Department of Homeland Security broad authority to
issue, amend, or repeal regulations necessary to implement 46 U.S.C.
chapter 700, Ports and Waterways Safety Program.
    The Secretary has delegated rulemaking authority under 46 U.S.C.
70034 to the Commandant via Department of Homeland Security Delegation
No. 00170.1. The Coast Guard is issuing this rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking with
respect to this rule because it is unnecessary to do so. All of the
changes in this final rule involve only minor amendments to existing
regulations that will not result in a substantive effect on the public.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that, for the same
reasons, good cause exists for making this final rule effective upon
publication in the Federal Register.

III. Discussion of the Rule

    This rule removes RNAs 33 CFR 165.520, Regulated Navigation Area;
Herbert C. Bonner Bridge, Oregon Inlet, NC, and 33 CFR 165.T05-0466
Regulated navigation area; Oregon Inlet Channel, Marc Basnight Bridge,
Dare County, NC.

Regulated Navigation Area; Herbert C. Bonner Bridge, Oregon Inlet, NC

    This RNA was created on November 3, 2015 to prevent vessel strikes
to the bridge when vessels were forced to use alternative spans, or
atypical routes, to transit through the bridge, 80 FR 67638. Vessels
were forced to use these alternative spans due to the presence of
shoals. In the time since this RNA was established, a new channel has
been dredged to support navigation through Oregon Inlet. This new
channel created more room for navigation and the use of alternative
spans is no longer necessary. Therefore, the Coast Guard is removing
this RNA.

Regulated Navigation Area; Oregon Inlet Channel, Marc Basnight Bridge,
Dare County, NC

    This RNA was created on 8 July 2022 in order to protect the public
from the safety hazard associated with the extreme shoaling in this
area and shifting of the main navigational channel. As with the above
RNA, the Army Corps of Engineers has since completed its dredging work
and the navigational channel has been restored. As a result, the Coast
Guard is removing this RNA.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) 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 (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility.
    An additional Executive order was recently published to promote the
goals of Executive Order 13563: Executive Order 13610 (Identifying and
Reducing Regulatory Burdens). Executive Order 13610 aims to modernize
the regulatory systems and to reduce unjustified regulatory burdens and
costs on the public.
    The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. A regulatory analysis (RA) follows.

B. Small Entities

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not
have a significant economic impact on a substantial number of small
entities.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. 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.
    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).

D. 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.
    As required by 44 U.S.C. 3507(d), we will submit a copy of this
rule to OMB for its review of the collection of information.

E. Federalism

    A rule has implications for federalism under Executive Order 13132
(Federalism) if it has a substantial direct effect on 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 Executive Order 13132 and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132. Our analysis follows.
    It is well settled that States may not regulate in categories
reserved for regulation by the Coast Guard. It is also well settled
that all of the categories covered in 46 U.S.C. 3306, 3703, 7101, and
8101 (design, construction, alteration, repair, maintenance, operation,
equipping, personnel qualification, and manning of vessels), as well as
the reporting of casualties and any other category in which Congress
intended the Coast Guard to be the sole source of a vessel's
obligations, are within the field foreclosed from regulation by the
States. See the Supreme Court's decision in United States v. Locke and
Intertanko v. Locke, 529 U.S. 89, 120 S.Ct. 1135 (2000). This rule
disestablished a prior RNA on a navigable waterway of the United States
of America. Therefore, because the States may not regulate within these
categories, this rule is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.

F. Unfunded Mandates

    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. Although this rule will not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

G. Taking of Private Property

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

H. Civil Justice Reform

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

I. Protection of Children

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

J. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175 (Consultation and Coordination with Indian Tribal Governments),
because it will 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.

K. Energy Effects

    We have analyzed this rule under Executive Order 13211 (Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use). We have determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under Executive Order 12866 and is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy.

L. Technical Standards and Incorporation by Reference

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

M. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a determination that this action is one of a category of actions that
do not individually or cumulatively have a significant effect on the
human environment. For instructions on locating the docket, see the
ADDRESSES section of this preamble. This rule is categorically excluded
under paragraph L60(b) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev 1. Paragraph L60(b) pertains to Regulations for
Regulated Navigation Areas and security or safety zones: specifically,
the disestablishment or reduction in the size of these areas or zones.
    This rule removes two RNAs from the CFR as they are no longer
applicable to the current conditions of the waterway.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

Sec.  165.520  [Removed]

0
2. Remove Sec.  165.520.

Sec.  165.T05-0466  [Removed]

0
3. Remove Sec.  165.T05-0466.

    Dated: January 26, 2023.
Shannon Gilreath,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2023-02160 Filed 2-2-23; 8:45 am]
BILLING CODE 9110-04-P


--------------------------------------------------------------------------------
 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
--------------------------------------------------------------------------------
REGION 8
--------------------------------------------------------------------------------
1595 Wynkoop Street
--------------------------------------------------------------------------------
Denver, CO   80202-1129
--------------------------------------------------------------------------------
Phone<PHONE_NUMBER>
--------------------------------------------------------------------------------
www.epa.gov/region8

Ref:  8ARD-PM

Ms. Martina Wilson
Environmental Director
Office of Environmental Protection
Fort Peck Tribes
P.O. Box 1027
Poplar, Montana  59255

Dear Ms. Wilson:

The U.S. Environmental Protection Agency Region 8 is proposing to issue a permit in accordance with the Tribal Minor New Source Review (MNSR) Permit Program at 40 CFR part 49, for the Montana Dakota Utilities Company's proposed installation of 3,285 horsepower diesel-fired emergency generator engine and a diesel fuel storage tank not to exceed 2,000 gallons to provide emergency power to an existing Poplar Oil Field Substation site, on Indian country lands within the Fort Peck Indian Reservation. The proposed permit establishes installation, configuration, operation and maintenance requirements for one compressor ignition internal combustion engine used to drive an emergency electric power generator and one horizontal diesel fuel storage tank. The proposed project is estimated to be a true minor source with respect to MNSR regulated pollutants.

A public comment period for the proposed permit will begin on August 31, 2020, and end on September 30, 2020.

The proposed permit and supporting documentation are available in the electronic docket at regulations.gov (Docket ID #EPA-R08-OAR-2020-0236), and we ask that you please assist members of the public who contact you with instructions on how to access the material available for public review until the end of the public comment period. Comments may be submitted via mail, via email to<EMAIL_ADDRESS>or through https://www.regulations.gov (Docket ID #EPA-R08-OAR-2020-0236). In addition, we have provided copies of the bulletin board public notice announcement and would appreciate it if you could post this announcement in prominent locations in your area. All of these documents will also be available for review in electronic format on our website at: https://www.epa.gov/caa-permitting/caa-permit public-comment-opportunities-region-8.

If you have any questions concerning the enclosed proposed permit or technical support documents, please contact Suman Kunwar, of my staff, at<PHONE_NUMBER>.

                                       Sincerely,

                                      Carl Daly
                                      Acting Director
                                      Air and Radiation Division

Enclosures


[Federal Register Volume 84, Number 103 (Wednesday, May 29, 2019)]
[Notices]
[Pages 24774-24775]
[FR Doc No: 2019-11173]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD19-7-000]

InPipe Energy; Notice of Preliminary Determination of a
Qualifying Conduit Hydropower Facility and Soliciting Comments and
Motions To Intervene

    On May 14, 2019, InPipe Energy filed a notice of intent to
construct a qualifying conduit hydropower facility, pursuant to section
30 of the Federal Power Act (FPA), as amended by section 4 of the
Hydropower Regulatory Efficiency Act of 2013 (HREA). The proposed La
Brea Regulation Station Hydroelectric Project would have a total
installed capacity of up to 100 kilowatts (kW), and would be located in
the La Brea Regulation Station, which is on the City of Los Angeles'
water supply system. The project would be located in the City of Los
Angeles in Los Angeles County, California.
    Applicant Contact: Gregg Semler, InPipe Energy, 222 NW Eighth
Avenue, Portland, OR 97209, Phone No.<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    FERC Contact: Robert Bell, Phone No.<PHONE_NUMBER>; Email:
<EMAIL_ADDRESS>    Qualifying Conduit Hydropower Facility Description: The proposed
project would consist of: (1) A 100-kW turbine-generator located in a
15-by-7 foot concrete vault, adjacent to an existing pressure reducing
valve vault in the La Brea Regulation Station; (2) a 12-inch pipeline
transporting water from the existing 60-inch mainline to the generator,
and returning it to the mainline; and (3) appurtenant facilities. The
proposed project would have an estimated annual generation of up to 875
megawatt-hours.
    A qualifying conduit hydropower facility is one that is determined
or deemed to meet all of the criteria shown in the table below.

      Table 1--Criteria for Qualifying Conduit Hydropower Facility
------------------------------------------------------------------------
      Statutory provision              Description       Satisfies (Y/N)
------------------------------------------------------------------------
FPA 30(a)(3)(A), as amended by   The conduit the                      Y
 HREA.                            facility uses is a
                                  tunnel, canal,
                                  pipeline, aqueduct,
                                  flume, ditch, or
                                  similar manmade water
                                  conveyance that is
                                  operated for the
                                  distribution of water
                                  for agricultural,
                                  municipal, or
                                  industrial
                                  consumption and not
                                  primarily for the
                                  generation of
                                  electricity.
FPA 30(a)(3)(C)(i), as amended   The facility is                      Y
 by HREA.                         constructed,
                                  operated, or
                                  maintained for the
                                  generation of
                                  electric power and
                                  uses for such
                                  generation only the
                                  hydroelectric
                                  potential of a non-
                                  federally owned
                                  conduit.
FPA 30(a)(3)(C)(ii), as amended  The facility has an                  Y
 by HREA.                         installed capacity
                                  that does not exceed
                                  5 megawatts.
FPA 30(a)(3)(C)(iii), as         On or before August 9,               Y
 amended by HREA.                 2013, the facility is
                                  not licensed, or
                                  exempted from the
                                  licensing
                                  requirements of Part
                                  I of the FPA.
------------------------------------------------------------------------

    Preliminary Determination: The proposed La Brea Regulation Station
Hydroelectric Project will not interfere with the primary purpose of
the conduit, which is to transport water to the City of Los Angeles'
municipal water supply distribution system. Therefore, based upon the
above criteria, Commission staff preliminarily determines that the
proposal satisfies the requirements for a qualifying conduit hydropower
facility, which is

not required to be licensed or exempted from licensing.
    Comments and Motions to Intervene: Deadline for filing comments
contesting whether the facility meets the qualifying criteria is 30
days from the issuance date of this notice.
    Deadline for filing motions to intervene is 30 days from the
issuance date of this notice.
    Anyone may submit comments or a motion to intervene in accordance
with the requirements of Rules of Practice and Procedure, 18 CFR
385.210 and 385.214. Any motions to intervene must be received on or
before the specified deadline date for the particular proceeding.
    Filing and Service of Responsive Documents: All filings must (1)
bear in all capital letters the ``COMMENTS CONTESTING QUALIFICATION FOR
A CONDUIT HYDROPOWER FACILITY'' or ``MOTION TO INTERVENE,'' as
applicable; (2) state in the heading the name of the applicant and the
project number of the application to which the filing responds; (3)
state the name, address, and telephone number of the person filing; and
(4) otherwise comply with the requirements of sections 385.2001 through
385.2005 of the Commission's regulations.\1\ All comments contesting
Commission staff's preliminary determination that the facility meets
the qualifying criteria must set forth their evidentiary basis.
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    \1\ 18 CFR 385.2001-2005 (2018).
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    The Commission strongly encourages electronic filing. Please file
motions to intervene and comments using the Commission's eFiling system
at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE, Washington, DC 20426. A copy of all other filings in
reference to this application must be accompanied by proof of service
on all persons listed in the service list prepared by the Commission in
this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    Locations of Notice of Intent: Copies of the notice of intent can
be obtained directly from the applicant or such copies can be viewed
and reproduced at the Commission in its Public Reference Room, Room 2A,
888 First Street NE, Washington, DC 20426. The filing may also be
viewed on the web at http://www.ferc.gov/docs-filing/elibrary.asp using
the ``eLibrary'' link. Enter the docket number (i.e., CD19-7) in the
docket number field to access the document. For assistance, call toll-
free 1-866-208-3676 or email<EMAIL_ADDRESS>For TTY, call
(202) 502-8659.

    Dated: May 22, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-11173 Filed 5-28-19; 8:45 am]
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[Federal Register Volume 85, Number 183 (Monday, September 21, 2020)]
[Notices]
[Pages 59320-59321]
[FR Doc No: 2020-20801]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2020-D-1825]

Investigational COVID-19 Convalescent Plasma; Guidance for
Industry; Withdrawal of Guidance

AGENCY: Food and Drug Administration, Health and Human Services (HHS).

ACTION: Notice; withdrawal.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the withdrawal of a final guidance for industry entitled
``Investigational COVID-19 Convalescent Plasma,'' which was issued in
April 2020 and updated in May 2020. FDA is withdrawing the guidance
because the Agency is issuing a new guidance for industry of the same
title.

DATES: The withdrawal is applicable September 21, 2020.

FOR FURTHER INFORMATION CONTACT: Shruti Modi, Center for Biologics
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-
402-7911.

SUPPLEMENTARY INFORMATION: FDA is withdrawing the guidance for industry
entitled ``Investigational COVID-19 Convalescent Plasma'' (May 2020
guidance) dated April 2020 and updated May 2020. The availability of
this guidance was announced in the Federal Register of May 26, 2020,
(85 FR 31513) and was posted on FDA's website on May 1, 2020.
    On August 23, 2020, the Agency issued an emergency use
authorization (EUA) (available at: https://www.fda.gov/emergency-preparedness-and-response/mcm-legal-regulatory-and-policy-framework/emergency-use-authorization#coviddrugs) for COVID-19 convalescent
plasma for the

treatment of hospitalized patients with COVID-19. Given the issuance of
this EUA, FDA is issuing a new guidance of the same title that provides
recommendations and additional information related to the EUA for the
use of COVID-19 convalescent plasma to treat hospitalized patients with
COVID-19. The new guidance supersedes the May 2020 guidance. Elsewhere
in this issue of the Federal Register, FDA is announcing the
availability of the new guidance.

    Dated: September 16, 2020.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2020-20801 Filed 9-18-20; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: June 3, 2009 (Volume 74, Number 105)]
[Notices]
[Page 26725]
[DOCID:fr03jn09-99]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1839-DR; Docket ID FEMA-2008-0018]

Tennessee; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Tennessee (FEMA-1839-DR), dated May 15, 2009, and
related determinations.

DATES: Effective Date: May 21, 2009.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Tennessee is hereby amended to include the following
area among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of May 15, 2009.

    Humphreys County for Public Assistance.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. E9-12854 Filed 6-2-09; 8:45 am]

BILLING CODE 9111-23-P