[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Notices]
[Pages 51256-51258]
[FR Doc No: 2016-18316]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78434; File No. 4-700]

Program for Allocation of Regulatory Responsibilities Pursuant to
Rule 17d-2; Order Approving and Declaring Effective a Proposed Plan for
the Allocation of Regulatory Responsibilities Between the Financial
Industry Regulatory Authority, Inc. and the Investors Exchange LLC

July 28, 2016.
    On June 20, 2016, the Financial Industry Regulatory Authority, Inc.
(``FINRA'') and the Investors Exchange LLC (``IEX'') (together with
FINRA, the ``Parties'') filed with the Securities and Exchange
Commission (``Commission'' or ``SEC'') a plan for the allocation of

regulatory responsibilities, dated June 20, 2016 (``17d-2 Plan'' or the
``Plan''). The Plan was published for comment on July 5, 2016.\1\ The
Commission received no comments on the Plan. This order approves and
declares effective the Plan.
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    \1\ See Securities Exchange Act Release No. 78179 (June 28,
2016), 81 FR 43673.
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I. Introduction

    Section 19(g)(1) of the Securities Exchange Act of 1934
(``Act''),\2\ among other things, requires every self-regulatory
organization (``SRO'') registered as either a national securities
exchange or national securities association to examine for, and enforce
compliance by, its members and persons associated with its members with
the Act, the rules and regulations thereunder, and the SRO's own rules,
unless the SRO is relieved of this responsibility pursuant to Section
17(d) or Section 19(g)(2) of the Act.\3\ Without this relief, the
statutory obligation of each individual SRO could result in a pattern
of multiple examinations of broker-dealers that maintain memberships in
more than one SRO (``common members''). Such regulatory duplication
would add unnecessary expenses for common members and their SROs.
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    \2\ 15 U.S.C. 78s(g)(1).
    \3\ 15 U.S.C. 78q(d) and 15 U.S.C. 78s(g)(2), respectively.
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    Section 17(d)(1) of the Act \4\ was intended, in part, to eliminate
unnecessary multiple examinations and regulatory duplication.\5\ With
respect to a common member, Section 17(d)(1) authorizes the Commission,
by rule or order, to relieve an SRO of the responsibility to receive
regulatory reports, to examine for and enforce compliance with
applicable statutes, rules, and regulations, or to perform other
specified regulatory functions.
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    \4\ 15 U.S.C. 78q(d)(1).
    \5\ See Securities Act Amendments of 1975, Report of the Senate
Committee on Banking, Housing, and Urban Affairs to Accompany S.
249, S. Rep. No. 94-75, 94th Cong., 1st Session 32 (1975).
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    To implement Section 17(d)(1), the Commission adopted two rules:
Rule 17d-1 and Rule 17d-2 under the Act.\6\ Rule 17d-1 authorizes the
Commission to name a single SRO as the designated examining authority
(``DEA'') to examine common members for compliance with the financial
responsibility requirements imposed by the Act, or by Commission or SRO
rules.\7\ When an SRO has been named as a common member's DEA, all
other SROs to which the common member belongs are relieved of the
responsibility to examine the firm for compliance with the applicable
financial responsibility rules. On its face, Rule 17d-1 deals only with
an SRO's obligations to enforce member compliance with financial
responsibility requirements. Rule 17d-1 does not relieve an SRO from
its obligation to examine a common member for compliance with its own
rules and provisions of the federal securities laws governing matters
other than financial responsibility, including sales practices and
trading activities and practices.
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    \6\ 17 CFR 240.17d-1 and 17 CFR 240.17d-2, respectively.
    \7\ See Securities Exchange Act Release No. 12352 (April 20,
1976), 41 FR 18808 (May 7, 1976).
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    To address regulatory duplication in these and other areas, the
Commission adopted Rule 17d-2 under the Act.\8\ Rule 17d-2 permits SROs
to propose joint plans for the allocation of regulatory
responsibilities with respect to their common members. Under paragraph
(c) of Rule 17d-2, the Commission may declare such a plan effective if,
after providing for appropriate notice and comment, it determines that
the plan is necessary or appropriate in the public interest and for the
protection of investors; to foster cooperation and coordination among
the SROs; to remove impediments to, and foster the development of, a
national market system and a national clearance and settlement system;
and is in conformity with the factors set forth in Section 17(d) of the
Act. Commission approval of a plan filed pursuant to Rule 17d-2
relieves an SRO of those regulatory responsibilities allocated by the
plan to another SRO.
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    \8\ See Securities Exchange Act Release No. 12935 (October 28,
1976), 41 FR 49091 (November 8, 1976).
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II. Proposed Plan

    The proposed 17d-2 Plan is intended to reduce regulatory
duplication for firms that are common members of both IEX and FINRA.\9\
Pursuant to the proposed 17d-2 Plan, FINRA would assume certain
examination and enforcement responsibilities for common members with
respect to certain applicable laws, rules, and regulations.
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    \9\ The proposed 17d-2 Plan refers to these common members as
``Dual Members.'' See Paragraph 1(c) of the proposed 17d-2 Plan.
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    The text of the Plan delineates the proposed regulatory
responsibilities with respect to the Parties. Included in the proposed
Plan is an exhibit (the ``IEX Certification of Common Rules,'' referred
to herein as the ``Certification'') that lists every IEX rule, and
select federal securities laws, rules, and regulations, for which FINRA
would bear responsibility under the Plan for overseeing and enforcing
with respect to IEX members that are also members of FINRA and the
associated persons therewith (``Dual Members'').
    Specifically, under the 17d-2 Plan, FINRA would assume examination
and enforcement responsibility relating to compliance by Dual Members
with the rules of IEX that are substantially similar to the applicable
rules of FINRA,\10\ as well as any provisions of the federal securities
laws and the rules and regulations thereunder delineated in the
Certification (``Common Rules''). In the event that a Dual Member is
the subject of an investigation relating to a transaction on IEX, the
plan acknowledges that IEX may, in its discretion, exercise concurrent
jurisdiction and responsibility for such matter.\11\
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    \10\ See paragraph 1(b) of the proposed 17d-2 Plan (defining
Common Rules). See also paragraph 1(f) of the proposed 17d-2 Plan
(defining Regulatory Responsibilities). Paragraph 2 of the Plan
provides that annually, or more frequently as required by changes in
either IEX rules or FINRA rules, the parties shall review and
update, if necessary, the list of Common Rules. Further, paragraph 3
of the Plan provides that IEX shall furnish FINRA with a list of
Dual Members, and shall update the list no less frequently than once
each calendar quarter.
    \11\ See paragraph 6 of the proposed 17d-2 Plan.
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    Under the Plan, IEX would retain full responsibility for
surveillance and enforcement with respect to trading activities or
practices involving IEX's own marketplace, including, without
limitation, registration pursuant to its applicable rules of associated
persons (i.e., registration rules that are not Common Rules); its
duties as a DEA pursuant to Rule 17d-1 under the Act; and any IEX rules
that are not Common Rules.\12\
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    \12\ See paragraph 2 of the proposed 17d-2 Plan.
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III. Discussion

    The Commission finds that the proposed Plan is consistent with the
factors set forth in Section 17(d) of the Act \13\ and Rule 17d-2(c)
thereunder \14\ in that the proposed Plan is necessary or appropriate
in the public interest and for the protection of investors, fosters
cooperation and coordination among SROs, and removes impediments to and
fosters the development of the national market system. In particular,
the Commission believes that the proposed Plan should reduce
unnecessary regulatory duplication by allocating to FINRA certain
examination and enforcement responsibilities for common members that
would otherwise be performed by IEX and FINRA. Accordingly, the
proposed Plan promotes efficiency by reducing costs to

common members. Furthermore, because IEX and FINRA will coordinate
their regulatory functions in accordance with the Plan, the Plan should
promote investor protection.
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    \13\ 15 U.S.C. 78q(d).
    \14\ 17 CFR 240.17d-2(c).
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    The Commission notes that, under the Plan, IEX and FINRA have
allocated regulatory responsibility for those IEX rules, set forth in
the Certification, that are substantially similar to the applicable
FINRA rules in that examination for compliance with such provisions and
rules would not require FINRA to develop one or more new examination
standards, modules, procedures, or criteria in order to analyze the
application of the rule, or a common member's activity, conduct, or
output in relation to such rule. In addition, under the Plan, FINRA
would assume regulatory responsibility for certain provisions of the
federal securities laws and the rules and regulations thereunder that
are set forth in the Certification. The Common Rules covered by the
Plan are specifically listed in the Certification, as may be amended by
the Parties from time to time.
    According to the Plan, IEX will review the Certification, at least
annually, or more frequently if required by changes in either the rules
of IEX or FINRA, and, if necessary, submit to FINRA an updated list of
Common Rules to add IEX rules not included on the then-current list of
Common Rules that are substantially similar to FINRA rules; delete IEX
rules included in the then-current list of Common Rules that are no
longer substantially similar to FINRA rules; and confirm that the
remaining rules on the list of Common Rules continue to be IEX rules
that are substantially similar to FINRA rules.\15\ FINRA will then
confirm in writing whether the rules listed in any updated list are
Common Rules as defined in the Plan. Under the Plan, IEX will also
provide FINRA with a current list of common members and shall update
the list no less frequently than once each quarter.\16\ The Commission
believes that these provisions are designed to provide for continuing
communication between the Parties to ensure the continued accuracy of
the scope of the proposed allocation of regulatory responsibility.
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    \15\ See paragraph 2 of the Plan.
    \16\ See paragraph 3 of the Plan.
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    The Commission is hereby declaring effective a Plan that, among
other things, allocates regulatory responsibility to FINRA for the
oversight and enforcement of all IEX rules that are substantially
similar to the rules of FINRA for common members of IEX and FINRA.
Therefore, modifications to the Certification need not be filed with
the Commission as an amendment to the Plan, provided that the Parties
are only adding to, deleting from, or confirming changes to IEX rules
in the Certification in conformance with the definition of Common Rules
provided in the Plan. However, should the Parties decide to add an IEX
rule to the Certification that is not substantially similar to a FINRA
rule; delete an IEX rule from the Certification that is substantially
similar to a FINRA rule; or leave on the Certification an IEX rule that
is no longer substantially similar to a FINRA rule, then such a change
would constitute an amendment to the Plan, which must be filed with the
Commission pursuant to Rule 17d-2 under the Act.\17\
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    \17\ The Commission also notes that the addition to or deletion
from the Certification of any federal securities laws, rules, and
regulations for which FINRA would bear responsibility under the Plan
for examining, and enforcing compliance by, common members, also
would constitute an amendment to the Plan.
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IV. Conclusion

    This Order gives effect to the Plan filed with the Commission in
File No. 4-700. The Parties shall notify all members affected by the
Plan of their rights and obligations under the Plan.
    IT IS THEREFORE ORDERED, pursuant to Section 17(d) of the Act, that
the Plan in File No. 4-700, between FINRA and IEX, filed pursuant to
Rule 17d-2 under the Act, is approved and declared effective.
    IT IS FURTHER ORDERED that IEX is relieved of those
responsibilities allocated to FINRA under the Plan in File No. 4-700.
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    \18\ 17 CFR 200.30-3(a)(34).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-18316 Filed 8-2-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 205 (Wednesday, October 27, 2021)]
[Notices]
[Pages 59394-59395]
[FR Doc No: 2021-23386]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2020-E-1843 and FDA-2020-E-1842]

Determination of Regulatory Review Period for Purposes of Patent
Extension; XENLETA Injection New Drug Application 211673

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for XENLETA injection new drug
application (NDA) 211673 and is publishing this notice of that
determination as required by law. FDA has made the determination
because of the submission of applications to the Director of the U.S.
Patent and Trademark Office (USPTO), Department of Commerce, for the
extension of a patent which claims that human drug product.

DATES: Anyone with knowledge that any of the dates as published (see
SUPPLEMENTARY INFORMATION) are incorrect may submit either electronic
or written comments and ask for a redetermination by December 27, 2021.
Furthermore, any interested person may petition FDA for a determination
regarding whether the applicant for extension acted with due diligence
during the regulatory review period by April 25, 2022. See
``Petitions'' in the SUPPLEMENTARY INFORMATION section for more
information.

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 December 27, 2021. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of December 27, 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 Nos.
FDA-2020-E-1842 and FDA-2020-E-1843 for ``Determination of Regulatory
Review Period for Purposes of Patent Extension; XENLETA Injection NDA
211673.'' 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 Sec.  10.20 (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: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug or biologic product, animal drug product, medical device,
food additive, or color additive) was subject to regulatory review by
FDA before the item was marketed. Under these acts, a product's
regulatory review period forms the basis for determining the amount of
extension an applicant may receive.

    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical
investigations of the drug becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of USPTO may award
(for example, half the testing phase must be subtracted as well as any
time that may have occurred before the patent was issued), FDA's
determination of the length of a regulatory review period for a human
drug product will include all of the testing phase and approval phase
as specified in 35 U.S.C. 156(g)(1)(B).
    FDA has approved NDA 211673 for marketing the human drug product,
XENLETA injection (lefamulin), which is indicated for the treatment of
adults with community-acquired bacterial pneumonia caused by
susceptible microorganisms. Subsequent to this approval, the USPTO
received patent term restoration applications for XENLETA injection
(U.S. Patent Nos. 8,071,643 and 8,153,689) from Nabriva Therapeutics
GMBH, and the USPTO requested FDA's assistance in determining the
patents' eligibility for patent term restoration. In a letter dated
October 13, 2020, FDA advised the USPTO that this human drug product
had undergone a regulatory review period and that the approvals of
XENLETA injection and XENLETA tablets represent the first permitted
commercial marketing or use of the products. Thereafter, the USPTO
requested that FDA determine the products' regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
XENLETA injection is 3,595 days. Of this time, 3,351 days occurred
during the testing phase of the regulatory review period, while 244
days occurred during the approval phase. These periods of time were
derived from the following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 355(i)) became effective:
October 17, 2009. FDA has verified the applicant's claim that the date
the investigational new drug application became effective was on
October 17, 2009.
    2. The date the new drug application (NDA 211673) was initially
submitted with respect to the human drug product under section 505 of
the FD&C Act: December 19, 2018. FDA has verified the applicant's
claims that the new drug application (NDA) for XENLETA injection (NDA
211673) was initially submitted on December 19, 2018.
    3. The date the application was approved: August 19, 2019. FDA has
verified the applicant's claims that NDA 211673 was approved on August
19, 2019.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its applications for patent extension,
this applicant seeks 1,465 days or 1,528 days of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and, under
21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in Sec.  60.30 (21 CFR 60.30), any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period.
To meet its burden, the petition must comply with all the requirements
of Sec.  60.30, including but not limited to: Must be timely (see
DATES), must be filed in accordance with Sec.  10.20, must contain
sufficient facts to merit an FDA investigation, and must certify that a
true and complete copy of the petition has been served upon the patent
applicant. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42,
1984.) Petitions should be in the format specified in 21 CFR 10.30.
    Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: October 15, 2021.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2021-23386 Filed 10-26-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 87, Number 192 (Wednesday, October 5, 2022)]
[Notices]
[Page 60390]
[FR Doc No: 2022-21637]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP22-468-000]

Trailblazer Pipeline Company, LLC; Express Pipeline, LLC; Notice
of Schedule for the Preparation of an Environmental Assessment for the
Trailblazer Conversion Project

    On May 27, 2022, Trailblazer Pipeline Company, LLC (TPC) and
Rockies Express Pipeline, LLC (REX) filed an application in Docket No.
CP22-468-000 requesting a Certificate of Public Convenience and
Necessity pursuant to Sections 7(b) and (c) of the Natural Gas Act to
construct, operate, and abandon certain natural gas pipeline
facilities. The proposed project is known as the Trailblazer Conversion
Project (Project) and would provide continuing service to TPC's
existing natural gas firm transportation customers using underutilized
jurisdictional capacity on REX pipeline facilities while making TPC's
pipeline facilities available, following their proposed abandonment, in
anticipation of future non-jurisdictional use to transport carbon
dioxide (CO2) for final sequestration. The Project would not
involve an increase in natural gas transportation capacity.
    On June 9, 2022, the Federal Energy Regulatory Commission
(Commission or FERC) issued its Notice of Application for the Project.
Among other things, that notice alerted agencies issuing federal
authorizations of the requirement to complete all necessary reviews and
to reach a final decision on a request for a federal authorization
within 90 days of the date of issuance of the Commission staff's
environmental document for the Project.
    This notice identifies Commission staff's intention to prepare an
environmental assessment (EA) for the Project and the planned schedule
for the completion of the environmental review.\1\
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    \1\ 40 CFR 1501.10 (2020).
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Schedule for Environmental Review

Issuance of EA--March 31, 2023
90-day Federal Authorization Decision Deadline \2\--June 29, 2023
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    \2\ The Commission's deadline applies to the decisions of other
federal agencies, and state agencies acting under federally
delegated authority, that are responsible for federal
authorizations, permits, and other approvals necessary for proposed
projects under the Natural Gas Act. Per 18 CFR 157.22(a), the
Commission's deadline for other agency's decisions applies unless a
schedule is otherwise established by federal law.

    If a schedule change becomes necessary, additional notice will be
provided so that the relevant agencies are kept informed of the
Project's progress.

Project Description

    TPC is proposing to abandon certain natural gas pipeline facilities
and associated compressor stations. REX is proposing to provide
capacity on the existing REX Pipeline to TPC and construct, install,
own, operate, and maintain certain facilities necessary for TPC to
continue service to its existing customers. The Project would consist
of the abandonment in-place of 392 miles of 36-inch-diameter TPC
pipeline facilities and 3 TPC mainline compressor stations located in
Colorado and Nebraska; construction of a new 18.8-mile-long, 20-inch-
diameter lateral pipeline (REX Lateral to TPC Adams) located in
Franklin, Webster, and Adams counties, Nebraska; construction of a new
22.2-mile-long, 36-inch-diameter lateral (REX Lateral to TPC East)
located in Jefferson and Saline counties, Nebraska; construction of
five new interconnect booster stations at existing TPC pipeline
facilities in Nebraska and Colorado; and installation and modifications
of meter stations and station piping in Nebraska.

Background

    On July 11, 2022, the Commission issued a Notice of Scoping Period
Requesting Comments on Environmental Issues for the Proposed
Trailblazer Conversion Project (Notice of Scoping). The Notice of
Scoping was sent to affected landowners; federal, state, and local
government agencies; elected officials; environmental and public
interest groups; Native American tribes; other interested parties; and
local libraries and newspapers. In response to the Notice of Scoping,
the Commission received multiple comments. Several were supportive of
the Project. Others requested that the EA discuss and provide
appropriate details regarding the Project description, purpose and
need, alternatives, and resource impacts. The U.S. Environmental
Protection Agency (EPA) recommends FERC include the proposed capture,
transport, and sequestration of CO2 as a connected action
under NEPA. Additionally, EPA recommends FERC coordinate closely with
the U.S. Army Corps of Engineers regarding regulatory changes
associated with wetland permits, address potential air emission impacts
under the general conformity rule, address potential spread of invasive
species, and address impacts on environmental justice communities. All
substantive comments will be addressed in the EA.

Additional Information

    In order to receive notification of the issuance of the EA and to
keep track of formal issuances and submittals in specific dockets, the
Commission offers a free service called eSubscription. This service
provides automatic notification of filings made to subscribed dockets,
document summaries, and direct links to the documents. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.
    Additional information about the Project is available from the
Commission's Office of External Affairs at (866) 208-FERC or on the
FERC website (www.ferc.gov). Using the ``eLibrary'' link, select
``General Search'' from the eLibrary menu, enter the selected date
range and ``Docket Number'' excluding the last three digits (i.e.,
CP22-468), and follow the instructions. For assistance with access to
eLibrary, the helpline can be reached at<PHONE_NUMBER>, TTY (202) 502-
8659, or at [email protected]. The eLibrary link on the FERC
website also provides access to the texts of formal documents issued by
the Commission, such as orders, notices, and rule makings.

    Dated: September 29, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-21637 Filed 10-4-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 67 (Thursday, April 7, 2011)]
[Notices]
[Pages 19342-19343]
[FR Doc No: 2011-8265]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP11-1866-000
    Applicants: Empire Pipeline, Inc.
    Description: Empire Pipeline, Inc. submits tariff filing per
154.203: Deferred State Income Tax Balance to be effective N/A.
    Filed Date: 03/02/2011
    Accession Number: 20110302-5089
    Comment Date: 5 p.m. Eastern Time on Friday, April, 1, 2011

    Docket Numbers: RP11-1905-000
    Applicants: Texas Gas Transmission, LLC
    Description: Texas Gas Transmission, LLC submits tariff filing per
154.204: 3-28-11 ProLiance Negotiated Rate Agreement Filing to be
effective 4/1/2011.
    Filed Date: 03/28/2011
    Accession Number: 20110328-5062
    Comment Date: 5 p.m. Eastern Time on Monday, April 11, 2011

    Docket Numbers: RP11-1906-000
    Applicants: Texas Gas Transmission, LLC
    Description: Texas Gas Transmission, LLC submits tariff filing per
154.204: 3-28-11 TVA Negotiated Rate Agreement Filing to be effective
4/1/2011.
    Filed Date: 03/28/2011
    Accession Number: 20110328-5063
    Comment Date: 5 p.m. Eastern Time on Monday, April 11, 2011

    Docket Numbers: RP11-1907-000
    Applicants: Gulf South Pipeline Company, LP
    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.204: QEP Amendment to Negotiated Rate Agreement to be effective
4/1/2011.
    Filed Date: 03/28/2011
    Accession Number: 20110328-5088
    Comment Date: 5 p.m. Eastern Time on Monday, April 11, 2011

    Docket Numbers: RP11-1908-000
    Applicants: Columbia Gulf Transmission Company
    Description: Columbia Gulf Transmission Company submits tariff
filing per 154.204: Negotiated Rate Service Agreement--Chevron, PXP,
McMoran to be effective 5/1/2011.
    Filed Date: 03/28/2011
    Accession Number: 20110328-5105
    Comment Date: 5 p.m. Eastern Time on Monday, April 11, 2011

    Docket Numbers: RP11-1909-000
    Applicants: Transcontinental Gas Pipe Line Company,
    Description: Transcontinental Gas Pipe Line Company, LLC submits
tariff filing per 154.204: GT&C Section 25 Monthly Imbalance Resolution
to be effective 7/1/2011.
    Filed Date: 03/28/2011
    Accession Number: 20110328-5108
    Comment Date: 5 p.m. Eastern Time on Monday, April 11, 2011

    Docket Numbers: RP11-1910-000
    Applicants: Rockies Express Pipeline LLC
    Description: Rockies Express Pipeline LLC submits tariff filing per
154.204: Negotiated Rate 03-29-11 BP to be effective 4/1/2011.
    Filed Date: 03/29/2011
    Accession Number: 20110329-5031
    Comment Date: 5 p.m. Eastern Time on Monday, April 11, 2011

    Docket Numbers: RP11-1911-000
    Applicants: Texas Eastern Transmission, LP
    Description: Texas Eastern Transmission, LP submits tariff filing
per 154.204: NJR negotiated rate, to be effective 4/1/2011.

    Filed Date: 03/29/2011
    Accession Number: 20110329-5037
    Comment Date: 5 p.m. Eastern Time on Monday, April 11, 2011

    Docket Numbers: RP11-1912-000
    Applicants: Trunkline Gas Company, LLC
    Description: Trunkline Gas Company, LLC submits tariff filing per
154.204: Negotiated Rates Filing-7 to be effective 4/1/2011.
    Filed Date: 03/29/2011
    Accession Number: 20110329-5041
    Comment Date: 5 p.m. Eastern Time on Monday, April 11, 2011

    Docket Numbers: RP11-1913-000
    Applicants: Texas Gas Transmission, LLC
    Description: Texas Gas Transmission, LLC submits tariff filing per
154.204: Time Limitations Filing to be effective 4/28/2011.
    Filed Date: 03/29/2011
    Accession Number: 20110329-5065
    Comment Date: 5 p.m. Eastern Time on Monday, April 11, 2011

    Docket Numbers: RP11-1914-000
    Applicants: Gulf South Pipeline Company, LP
    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.204: Open Season Agreements Filing to be effective 4/1/2011.
    Filed Date: 03/29/2011
    Accession Number: 20110329-5077
    Comment Date: 5 p.m. Eastern Time on Monday, April 11, 2011

    Docket Numbers: RP11-1915-000
    Applicants: Gulf South Pipeline Company, LP
    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.204: Pivotal to Sequent Cap Rel Negotiated Rate Agreement
Filing to be effective 4/1/2011.
    Filed Date: 03/29/2011
    Accession Number: 20110329-5078
    Comment Date: 5 p.m. Eastern Time on Monday, April 11, 2011

    Docket Numbers: RP11-1916-000
    Applicants: Gulf South Pipeline Company, LP
    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.204: QEP 36601 Amendment to Negotiated Rate Agreement to be
effective 4/1/2011.
    Filed Date: 03/29/2011
    Accession Number: 20110329-5079
    Comment Date: 5 p.m. Eastern Time on Monday, April 11, 2011

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also 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 e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 29, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-8265 Filed 4-6-11; 8:45 am]
BILLING CODE 6717-01-P


42251 Federal Register / Vol. 67, No. 120 / Friday, June 21, 2002 / Notices or protests, as set forth above, is July 10, 2002. Copies of the full text of the Order are available from the Commission's Public Reference Branch, 888 First Street, NE., Washington, DC 20426. The Order may also be viewed on the Internet at http:/ /www. ferc. fed. us/ online/ rims. htm (call 202– 208– 2222 for assistance). Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001( a)( 1)( iii) and the instructions on the Commission's web site at http:/ /www. ferc. fed. us/ efi/ doorbell. htm.

Magalie R. Salas, Secretary. [FR Doc. 02– 15696 Filed 6– 20– 02; 8: 45 am]

BILLING CODE 6717– 01– P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM98– 1– 000]

Regulations Governing Off the Record Communications; Public Notice June 17, 2002. This constitutes notice, in accordance with 18 CFR 385.2201( h), of the receipt of exempt and prohibited off the record communications. Order No. 607 (64 FR 51222, September 22, 1999) requires Commission decisional employees, who make or receive an exempt or a prohibited off the record communication relevant to the merits of a contested on the record proceeding, to deliver a copy of the communication, if written, or a summary of the substance of any oral communication, to the Secretary. Prohibited communications will be included in a public, non decisional file associated with, but not part of, the decisional record of the proceeding. Unless the Commission determines that the prohibited communication and any responses thereto should become part of the decisional record, the prohibited offthe record communication will not be considered by the Commission in reaching its decision. Parties to a proceeding may seek the opportunity to respond to any facts or contentions made in a prohibited off the record communication, and may request that the Commission place the prohibited communication and responses thereto in the decisional record. The Commission will grant such requests only when it determines that fairness so requires. Any person identified below as having made a prohibited off the record communication should serve the document on all parties listed on the official service list for the applicable proceeding in accordance with Rule 2010, 18 CFR 385.2010. Exempt off the record communications will be included in the decisional record of the proceeding, unless the communication was with a cooperating agency as described by 40 CFR 1501.6, made under 18 CFR 385.2201( e)( 1)( v). The following is a list of exempt and prohibited off the record communications recently received in the Office of the Secretary. Copies of this filing are on file with the Commission and are available for public inspection. The documents may be viewed on the web at http:// www. ferc. gov using the `` RIMS'' link, select `` Docket# '' and follow the instructions (call 202– 208– 2222 for assistance).

EXEMPT Docket No. Date filed Presenter or requester 1. RT02– 2– 000, et al. ................................................................................................................................. 6– 11– 02 Sarah McKinley and Deborah Schweikart. 2. Project Nos. 4204– 000, 4659– 000, 4660– 000 ...................................................................................... 6– 13– 02 Don Klima. 3. RT02– 2– 000, et al. ................................................................................................................................. 6– 13– 02 Laura Chappelle, David A. Svanda, Robert B. Nelson 4. Project No. 11508– 000 ........................................................................................................................... 6– 14– 02 Glen D. Martin. 5. CP98– 150– 000 ....................................................................................................................................... 6– 17– 02 William Gute.

Linwood A. Watson, Jr., Deputy Secretary. [FR Doc. 02– 15703 Filed 6– 20– 02; 8: 45 am]

BILLING CODE 6717– 01– P ENVIRONMENTAL PROTECTION AGENCY [FRL– 7232– 8]

Agency Information Collection Activities: Proposed Collection; Comment Request; National Waste Minimization Partnership Program AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

SUMMARY: In compliance with the Paperwork Reduction Act (44 U. S. C. 3501 et seq.), this notice announces that EPA is planning to submit the following proposed Information Collection Request (ICR) to the Office of Management and Budget (OMB): National Waste Minimization Partnership Program, EPA ICR No. 2076.01. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before August 20, 2002. ADDRESSES: Commenters must send an original and two copies of their comments referencing docket number F– 00– XXXX– FFFFF to: RCRA Docket Information Center, Office of Solid Waste (5305G), U. S. EPA, 401 M Street, SW, Washington, DC 20460. Hand deliveries of comments should be made to the Arlington, VA, address below. Comments may also be submitted electronically through the Internet to: rcradocket @epamail. epa. gov. Comments in electronic format should also be identified by the docket number F– 00– XXXX– FFFFF. All electronic comments must be submitted as an ASCII file avoiding the use of special characters and any form of encryption. Commenters should not submit electronically any confidential business information (CBI). An original and two copies of CBI must be submitted under separate cover to: RCRA CBI Document Control Officer, Office of Solid Waste (5305W), U. S. EPA, 401 M Street, SW, Washington, DC 20460. Public comments and supporting materials are available for viewing in VerDate May< 23> 2002 22: 20 Jun 20, 2002 Jkt 197001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 21JNN1. SGM pfrm12 PsN: 21JNN1 42252 Federal Register / Vol. 67, No. 120 / Friday, June 21, 2002 / Notices the RCRA Information Center (RIC), located at Crystal Gateway I, First Floor, 1235 Jefferson Davis Highway, Arlington, VA. The RIC is open from 9: 00 a. m. to 4: 00 p. m., Monday through Friday, excluding federal holidays. To review docket materials, it is recommended that the public make an appointment by calling (703) 603– 9230. The public may copy a maximum of 100 pages from any regulatory docket at no charge. Additional copies cost $0.15/ page. This notice and the supporting documents that detail the National Waste Minimization Partnership Program ICR are also available electronically. See the SUPPLEMENTARY INFORMATION section for information on accessing them. FOR FURTHER INFORMATION CONTACT: For information on specific aspects of this information collection, contact Newman Smith, Office of Solid Waste (5302W), U. S. EPA, Ariel Rios Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460, telephone: (703) 308– 8757, email smith. newman@ epa. gov. SUPPLEMENTARY INFORMATION: Affected entities: Entities potentially affected by this action are those which generate, treat, and store hazardous waste. Title: National Waste Minimization Partnership Program; EPA ICR No. 2076.01. Abstract: EPA is establishing a national program to encourage the minimization of hazardous waste through source reduction and recycling. Participation in the National Waste Minimization Partnership Program is completely voluntary. EPA will use four forms to collect information from participants, called partners, which can be prepared and submitted by hard copy or electronically. Participation begins when an Enrollment Form is submitted and accepted by EPA. The form asks for basic site identification information as well as information on the company's waste minimization goals under the program. Once in the program, partners will also have an opportunity to complete and submit an optional, one time Application for Certificate of Past Accomplishments. This form enables partners to notify the Agency of waste minimization accomplished in the past. Partners also can submit a one time Application for Certificate of Accomplishment when they accomplish the goals the established for their participation in the program. These certificates will enable the Agency to confirm a partners' progress and measure the overall success of the program. Certificates provide the basis for the Agency to recognize partner accomplishments in a formal (e. g., at an awards ceremony or by congratulatory letter) manner, if appropriate. Recognizing partner achievements is important to help EPA spur other partners on to reduce more waste. Partners also may submit an optional, one time Case Studies Submission Form. The form enables a partner to describe its waste minimization techniques, implementation problems, lessons learned, benefits, and relevant implications. The case studies will assist the Agency in better understanding waste minimization approaches and technologies. The information may also help the Agency in sharing lessons learned and effective strategies among the facilities generating hazardous waste, in order to promote continued and effective waste minimization efforts. Sharing effective waste reduction strategies with others is a fundamental objective of the partnership program. Because the program is voluntary, EPA expects that companies would enroll only if their benefits under the program outweigh the costs. Although EPA expects partners to experience a minor burden under the paperwork requirements of the program, the Agency fully expects many companies to realize substantial cost savings (typically more than enough to offset their paperwork costs) through implementation of their waste reduction initiatives. (EPA evidence suggests that cost savings of hundreds of thousands, if not millions, of dollars is not unusual for a large corporation.) An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15. The EPA would like to solicit comments 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. Burden Statement: EPA estimates the annual respondent burden for the National Waste Minimization Partnership Program to be 3,280 hours and $203,306. EPA expects that, in the first year, 60 companies will enroll, and 90 will enroll in each subsequent year. Thus, at the end of the first year, there will be 60 existing partners, 150 at the end of the second year, and 240 at the end of the third year. For purposes of the ICR's burden calculations, EPA has averaged the number of new and existing partners over the three year period to conclude that there will be, on average, 80 new partners annually and 150 existing partners annually. The disaggregated burden per form is estimated below: (1) Enrollment Form— EPA estimates that, on average, 80 new partners will fill out this form each year. EPA further estimates that ten percent of existing partners will notify EPA to modify their waste minimization goals each year (i. e., 10% × 150 = 15 partners per year). The total annual hourly burden for this form is estimated to be 2,723 hours. The total annual cost for this form is estimated to be $168,221. (2) Application for Certificate of Past Accomplishments— EPA estimates that two thirds of new partners will submit an application each year, or 54 partners per year. The total annual hourly burden for this form is estimated to be 109 hours. The total annual cost for this form is estimated to be $6,878. (3) Application for Certificate of Accomplishment— EPA estimates that 80 percent of existing facilities will submit this one time form, or 64 partners per year. The total annual hourly burden for this one time form is estimated to be 128 hours. The total annual cost for this one time form is estimated to be $8,152. (4) Case Studies Submission Form— EPA expects that 50 percent of existing facilities will submit this one time form, or 40 partners per year. The total annual hourly burden for this one time form is estimated to be 320 hours. The total annual cost for this one time form is estimated to be $20,055. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying VerDate May< 23> 2002 22: 20 Jun 20, 2002 Jkt 197001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 21JNN1. SGM pfrm12 PsN: 21JNN1 42253 Federal Register / Vol. 67, No. 120 / Friday, June 21, 2002 / Notices information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

Dated: May 23, 2002. Elizabeth Cotsworth, Director, Office of Solid Waste. [FR Doc. 02– 15725 Filed 6– 20– 02; 8: 45 am]

BILLING CODE 6560– 50– P ENVIRONMENTAL PROTECTION AGENCY [ER– FRL– 6630– 4]

Environmental Impact Statements; Notice of Availability Responsible Agency: Office of Federal Activities, General Information (202) 564– 7167 or www. epa. gov/ oeca/ ofa. Weekly receipt of Environmental Impact Statements Filed June 10, 2002, through June 14, 2002, Pursuant to 40 CFR 1506.9. EIS No. 020235, FINAL EIS, IBR, NM, Elephant Butte and Caballo Reservoirs, Resource Management Plan (RMP), Implementation, Sierra and Socorro Counties, NM, Wait Period Ends: July 22, 2002, Contact: Clay McDermeit (505) 248– 5391. EIS No. 020236, DRAFT EIS, IBR, NM, City of Albuquerque Drinking Water Project, To Provide a Sustainable Water Supply for Albuquerque through Direct and Full Consumptive Use of the City's San Juan Chama (SJC) Water for Potable Purposes, Funding, Right of Way and COE Section 404 Permits, City of Albuquerque, NM , Comment Period Ends: August 13, 2002, Contact: Lori Robertson (505) 248– 5326. This document is available on the Internet at: http:// www. saj. usace. army. mil/ permit/ occidental. htm. sic¿. EIS No. 020237, DRAFT EIS, BLM, OR, Cascade Siskiyou National Monument (CSNM) Resource Management Plan, Implementation, Klamath and Rouge River Basins, Jackson County, OR, Comment Period Ends: September 20, 2002, Contact: Richard Drel (541) 618– 2200. This document is available on the Internet at: www. ca. blm. gov/ palmsprings. EIS No. 020238, DRAFT EIS, AFS, ID, Sixshooter Project, to Reduce the Threats of Insect Infestation and Wildfire, Sixmile and West Fork Creek, Boise National Forest, Emmett Ranger District, Gem County, ID, Comment Period Ends: August 05, 2002, Contact: Jeffery Clark (208) 365– 7000. EIS No. 020239, DRAFT EIS, COE, NJ, South River, Raritan River Basin Hurricane and Storm Damage Reduction and Ecosystem Restoration, Implementation, Draft Integrated Feasibility Report, Middlesex County, NJ, Comment Period Ends: August 05, 2002, Contact: Mark H. Bulas (212) 264– 4663. EIS No. 020240, FINAL EIS, APH, PROGRAMMATIC— EIS Rangeland Grasshopper and Mormon Cricket Suppression Program, Authorization, Funding and Implementation in 17 Western States, AZ, CA, CO, ID, KS, MT, NB, NV, NM, ND, OK, OR, SD, TX, UT, WA and WY, Wait Period Ends: July 22, 2002, Contact: Charles Brown (301) 734– 8963. This document is available on the Internet at: http:// www. aphis. usda. gov/ ppd/ es/ ppqdocs. htm1. EIS No. 020241, FINAL EIS, NOA, IN, Indiana Lake Michigan Coastal Program Document, Federal Approval and Implementation, Coastal Zone Management, Lake, Porter, and LaPorte Counties, IN, Wait Period Ends: July 22, 2002, Contact: Diana Olinger (301) 713– 3155. EIS No. 020242, DRAFT EIS, AFS, MO, Rams Horn Project, To Accomplish the Direction and Desired Conditions Identified in the Mark Twain National Forest, Land and Resource Management Plan, Houston/ Rolla/ Creek Ranger District, Phelps and Pulaski Counties, MO, Comment Period Ends: August 05, 2002, Contact: Mark Hamel (417) 967– 4194. This document is available on the Internet at: http:// www. fs. fed. us/ r9/ marktwain/ publications. EIS No. 020244, FINAL EIS, GSA, CA, Los Angeles Federal Building— U. S. Courthouse, Construction of a New Courthouse in the Civic Center, City of Los Angeles, Los Angeles County, CA , Wait Period Ends: July 22, 2002, Contact: Javad Soltani (415) 522– 3493. EIS No. 020245, DRAFT EIS, MMS, AK, Beaufort Sea Planning Area Multiples Sale 186, 195 and 202 Oil and Gas Lease Sales, Alaska Outer Continental Shelf, Offshore Marine Environment, Beaufort Sea Coastal Plain, and the North Slope Borough of Alaska, Comment Period Ends: September 20, 2002, Contact: Dr. George Valiulis (703) 787– 1662. EIS No. 020246, FINAL EIS, BLM, AZ, Las Cienegas Resource Management Plan, Implementation, Las Cienegas National Conservation Area (NCA) and Sonoita Valley Acquisition Planning District, AZ, Wait Period Ends: July 22, 2002, Contact: Karen Simms (520) 258– 7210. EIS No. 020247, DRAFT EIS, AFS, CA, Brown Darby Fuel Reduction Project, Proposal for a Combination of the Salvage Harvesting of Trees Killed and other Fuels Management Activities, Stanislaus National Forest, Calaveras Ranger District, Calaveras and Tuolumne Counties, CA, Comment Period Ends: August 05, 2002, Contact: Kathy Aldrich (209) 795– 1381. This document is available on the Internet at: www. is. ch2m. com/ iidweb. EIS No. 020248, DRAFT EIS, COE, CA, Bolinas Lagoon Ecosystem Restoration, Proposal to Removal up to 1.5 Million Cubic Yard of Sediment from the bottom of the Lagoon to Allow Restoration of Tidal Movement and Eventual Restoration of Tidal Habitat, Marin County, CA, Comment Period Ends: August 05, 2002, Contact: Roger Golden (415) 977– 8703. EIS No. 020249, DRAFT EIS, NPS, MO, Wilson's Creek National Battlefield General Management Plan, Implementation, To Commemorate the Battle of Wilson's Creek and to Preserve the Associated Battlefield, Greene and Christian Counties, MO, Comment Period Ends: August 05, 2002, Contact: Dick Lusardi (417) 732– 2662. EIS No. 020250, FINAL EIS, IBR, CA, American River Pump Station Project, Providing Placer County Water Agency (PCWA) with the Year Round Access to its Middle Fork Project (MFP) Water Entitlements from the American River, Placer County, CA, Wait Period Ends: July 22, 2002, Contact: Roderick Hall (916) 989– 7279.

Dated: June 18, 2002. B. Katherine Biggs, Associate Director, NEPA Compliance Division, Office of Federal Activities. [FR Doc. 02– 15726 Filed 6– 20– 02; 8: 45 am]

BILLING CODE 6560– 50– P ENVIRONMENTAL PROTECTION AGENCY [ER– FRL– 6630– 5]

Environmental Impact Statements and Regulations; Availability of EPA Comments Availability of EPA comments prepared pursuant to the Environmental VerDate jun< 06> 2002 22: 40 Jun 20, 2002 Jkt 197001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 21JNN1. SGM pfrm15 PsN: 21JNN1


[Federal Register Volume 77, Number 124 (Wednesday, June 27, 2012)]
[Rules and Regulations]
[Pages 38211-38215]
[FR Doc No: 2012-15744]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 369

[Docket No. FMCSA-2012-0020]
RIN-2126-AB48

Rescission of Quarterly Financial Reporting Requirements

AGENCY: Federal Motor Carrier Safety Administration, DOT.

ACTION: Direct final rule.

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

SUMMARY: By direct final rule, the Federal Motor Carrier Safety
Administration (FMCSA) eliminates the quarterly financial reporting
requirements for certain for-hire motor carriers of property (Form QFR)
and for-hire motor carriers of passengers (Form MP-1). This paperwork
burden can be removed without an adverse impact on safety or the
Agency's ability to maintain effective commercial regulations over the
for-hire trucking and passenger-carrying industries.

DATES: This rule is effective August 27, 2012, unless an adverse
comment, or notice of intent to submit an adverse comment, is either
submitted to our online docket via http://www.regulations.gov on or
before July 27, 2012 or reaches the Docket Management Facility by that
date. If an adverse comment, or notice of intent to submit an adverse
comment, is received by July 27, 2012, we will withdraw this direct
final rule and publish a timely notice of withdrawal in the Federal
Register.

ADDRESSES: You may submit comments identified by docket number FMCSA-
2012-0020 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m. e.t., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for instructions on submitting
comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
email or call Ms. Vivian Oliver, Office of Research and Information
Technology, Federal Motor Carrier Safety Administration, 1200 New
Jersey Ave. SE., Washington, DC 20590; Telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Public Participation and Comments

    If you would like to participate in this rulemaking, you may submit
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (FMCSA-2012-0020), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online, or by fax, mail or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission. As a reminder, FMCSA will only consider adverse comments as
defined in 49 CFR 389.39(b) and explained below.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Rule'' and insert ``FMCSA-2012-0020'' in the ``Keyword'' box. Click
``Search,'' then click on the balloon shape in the ``Actions'' column.
If you submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.

B. Viewing Comments and Documents

    To view comments, go to http://www.regulations.gov, click on the
``read comments'' box, which will then become highlighted in blue. In
the ``Keyword'' box insert ``FMCSA-2012-0020'' and click ``Search.''
Click the ``Open Docket Folder'' in the ``Actions'' column. If you do
not have access to the Internet, you may also view the docket online by
visiting the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.
e.t., Monday through Friday, except Federal holidays.

C. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on

behalf of an association, business, labor union, etc.). You may review
a Privacy Act notice regarding our public dockets in the January 17,
2008 issue of the Federal Register (73 FR 3316).

II. Regulatory Information

    FMCSA publishes this direct final rule under 49 CFR 389.11 and
389.39, because the Agency has determined that the rule makes non-
controversial, minor amendments to 49 CFR part 369 that will reduce
reporting requirements for certain for-hire motor carriers. FMCSA does
not expect any adverse comments. If no adverse comments or notices of
intent to submit an adverse comment are received by July 27, 2012, this
rule will become effective as stated in the DATES section. In that
case, approximately 30 days before the effective date, we will publish
a document in the Federal Register stating that no adverse comments
were received and confirming that this rule will become effective as
scheduled. However, if we receive any adverse comments or notices of
intent to submit an adverse comment, we will publish a document in the
Federal Register announcing the withdrawal of all or part of this
direct final rule. If we decide to proceed with a rulemaking following
receipt of any adverse comments, we will publish a separate notice of
proposed rulemaking (NPRM) and provide a new opportunity for comment.
    A comment is considered ``adverse'' if the comment explains why
this rule or a part of this rule would be inappropriate, including a
challenge to its underlying premise or approach, or would be
ineffective or unacceptable without a change.

III. Background

Annual Financial Reporting Requirements

    Section 14123 of title 49, United States Code, requires the filing
of annual financial reports by certain for-hire motor carriers of
property and household goods (Form M).
    The annual reporting program was implemented on Dec. 24, 1938 (3 FR
3158) (the first annual report for 1938 was due by Mar. 31, 1939) and
subsequently was transferred from the Interstate Commerce Commission
(ICC) to the U.S. Department of Transportation's (DOT) Bureau of
Transportation Statistics (BTS) on January 1, 1996. The Secretary of
DOT delegated to BTS the responsibility for the program on December 17,
1996 (61 FR 68162-02). Responsibility for collection of Form M (for-
hire property carriers, including household goods carriers) and Form
MP-1 (for-hire passenger carriers), including quarterly reporting
requirements for such forms (Form QFR), was transferred from the BTS to
the FMCSA on August 17, 2004 (69 FR 51009), and the regulations were
redesignated as 49 CFR part 369 on August 10, 2006 (71 FR 45740). FMCSA
has continued to collect carriers' annual reports and to furnish copies
of the reports requested under the Freedom of Information Act.

Quarterly Financial Reporting

    Subsection 14123(a)(2) of title 49, United States Code, allows the
Agency to require quarterly financial reports from for-hire property
and passenger carriers, but it does not mandate that the Agency require
these reports to be submitted. These requirements are included in 49
CFR Part 369 and apply to Class I (average annual gross transportation
operating revenues of $10 million or more) and Class II (average annual
gross transportation operating revenues of $3 million dollars or more,
but less than $10 million) for-hire motor carriers of property. The
requirements also apply to Class I (average annual gross transportation
operating revenues of $5 million or more) for-hire motor carriers of
passengers.
E.O. 13563 Improving Regulation and Regulatory Review
    On January 18, 2011, the President issued Executive Order 13563,
``Improving Regulation and Regulatory Review'' (76 FR 3821, January 21,
2011), which required agencies, among other things, to prepare plans
for reviewing existing rules. On February 16, 2011, DOT published a
notice requesting comments on its regulatory review plan (76 FR 8940).
A public meeting on this issue was held on March 14, 2011. DOT placed
all of the comments it received in docket DOT-OST-2011-0025, along with
a transcript of the March 14 meeting. DOT received 102 comments, many
offering multiple suggestions. One person argued that the financial
reporting requirements transferred from the ICC to FMCSA provide no
discernible benefits to the government or industry.
    FMCSA rescinds the quarterly financial reporting requirements for
certain for-hire motor carriers of property (Form QFR) and for-hire
motor carriers of passengers (Form MP-1). This burden can be removed
without an adverse impact on safety or the Agency[acute]s ability to
maintain effective commercial regulations over the for-hire trucking
and passenger-carrying industries. FMCSA does not currently use the
quarterly reports because the reports cover a small subset of the motor
carriers of property and motor carriers of passengers that are subject
to the Agency's safety oversight and the financial reporting data is
not necessary to monitor carriers' safety performance. The information
collected does not currently support any Agency regulatory function,
nor does it have practical utility for the Agency or for those carriers
who must comply with the reporting requirement.
    This direct final rulemaking is non-controversial because it
``Make[s] minor changes to rules regarding statistics and reporting
requirements, such as a change in reporting period (for example, from
quarterly to annually) or eliminat[es] a type of data collection no
longer necessary'' 49 CFR 389.39(a)(5). Elimination of the outdated and
unnecessary quarterly reporting requirement falls squarely within the
intended purpose of a direct final rule. FMCSA, therefore, finds there
is good cause to dispense with the normal notice and comment procedures
since reducing the reporting requirement is not likely to be
controversial. Consequently, receipt of public comments prior to
finalizing this action is unnecessary. 49 CFR 389.11.

IV. Discussion of the Rule

    For the reasons discussed in the Background section, above, FMCSA
amends 49 CFR part 369 by eliminating the quarterly reporting
requirement under 49 CFR 369.1 and 369.4. In addition, FMCSA makes
other conforming technical amendments to 49 CFR 369.8, 369.9, and
369.11.
    In the course of redesignating 49 CFR part 1420 as 49 CFR part 369
in 2006 (August 10, 2006, 71 FR 45740), the authority citation for part
369 was inadvertently corrupted by adding references to (1) 5 U.S.C.
553 and 559 of the Administrative Procedure Act relating to rulemaking
and administrative law judges, and (2) 16 U.S.C. 1456, a provision of
the Coastal Zone Management Act (CZMA) of 1972. These statutes provide
no authority for part 369 and the references have therefore been
removed.

V. Regulatory Analyses

    When developing this direct final rule, FMCSA considered numerous
statutes and executive orders related to rulemaking. The Agency's
analyses are summarized below.

A. Regulatory Planning and Review

    Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993)
as supplemented by E.O. 13563 (76 FR

3821, January 18, 2011), FMCSA must determine whether a regulatory
action is ``significant'' and, therefore, subject to Office of
Management and Budget (OMB) review and the requirements of the E.O. The
Order defines ``significant regulatory action'' as one that is likely
to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities.
    (2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency.
    (3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof.
    (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the E.O.
    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget (OMB) has
not reviewed it under that Order. This rule will not have a significant
economic impact. In fact, elimination of the reporting requirement
will, if anything, have a beneficial economic impact on industry.

B. Small Entities

    Under the Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121,
Title II, 110 Stat. 857), FMCSA is not required to prepare a final
regulatory flexibility analysis under 5 U.S.C. 604(a) for this final
rule because the agency has not issued an NPRM prior to this action.

C. Paperwork Reduction Act

    This rule eliminates two quarterly reporting requirements that are
currently reported to OMB under the Paperwork Reduction Act (PRA) of
1995 (44 U.S.C. 3501-3520). Form QFR Quarterly for property carriers,
authorized by OMB under information collection 2126-0033, is two pages
long and takes approximately 27 minutes for each of the approximately
111 carriers to complete. This report is filed 4 times per year, so the
total burden hour impact per filer per year is 4 x 27/60 = 1.8 hours.
Multiplying this figure by the 111 carriers that file quarterly reports
yields a total burden estimate of 200 hours.
    FMCSA assumes that completion and submission of Form QFR is
performed by an accountant designated by the business entity. The
median salary of an accountant in the truck transportation industry is
$25.90 per hour (BLS, May 2010).\1\ Two adjustments are made to this
hourly compensation estimate. First, employee benefits are estimated at
50.0 percent of the employee wage.\2\ Second, employee wage and
benefits are increased by 27 percent to include relevant firm
overhead.\3\ Applying the estimated 50.0 percent factor for employee
benefits and 27 percent for overhead results in $49.34 in hourly
compensation for the accountant ($25.90 x (1 + 0.50) x (1 + 0.27) =
$49.34). The total annual salary cost burden associated with the
filings is $9,868 ($49.34 x 200 hours = $9,868.00).
---------------------------------------------------------------------------

    \1\ Bureau of Labor Statistics, ``Occupational Employment
Survey''. May 2010. http://www.bls.gov/oes/current/naics3_484000.htm (accessed December 15, 2011). North American Industry
Classification System (NAICS) 484000, Truck Transportation, Standard
Occupational Classification (SOC) 13-2011, Accountants and Auditors.
    \2\ FMCSA estimates this 50% employee benefit rate by using the
private industry average wage ($16.03 per hour) and benefit
information ($8.01 per hour) for production, transportation, and
moving material workers. Benefits thus amount to 50.0 percent of
wages (0.500 = $8.01/$16.03). From ``Employer Costs for Employee
Compensation--September 2010''. Accessed on 23-August-2011 at http://www.bls.gov/news.release/pdf/ecec.pdf.
    \3\ Berwick, Farooq. ``Truck Costing Model for Transportation
Managers''. Upper Great Plains Transportation Institute, North
Dakota State University (2003) accessed on 23-August-2011 at http://ntl.bts.gov/lib/24000/24200/24223/24223.pdf.
---------------------------------------------------------------------------

    The Class I passenger carrier financial quarterly survey (MP-1
Quarterly), which is two pages long and takes about 18 minutes to
complete for the estimated 2 participating carriers is authorized by
OMB under information collection 2126-0031. Since this report is also
filed 4 times per year, the total burden hours associated with the
requirement are 4 x 18/60 x 2 = 2.4 hours.
    FMCSA believes the completion and submission of Form MP-1 is
typically performed by a business and financial operations expert
designated by the business entity because of the level of detail in the
financial reports. The median salary of a business and financial
operations expert in the interurban and rural bus transportation
industry is $26.41 per hour (BLS, May 2010).\4\ Two adjustments are
made to this hourly estimate. First, employee benefits are estimated at
50.0 percent of the employee wage.\5\ Second, employee wage and
benefits are increased by 27 percent to include relevant firm
overhead.\6\ Applying the estimated 50.0 percent factor for employee
benefits and 27 percent for overhead results in $50.31 in hourly
compensation for the business and financial operations expert ($26.41 x
(1 + 0.50) x (1 + 0.27) = $50.31). The total annual salary cost burden
associated with the filings is $121 ($50.31 x 2.4 hours = $120.74,
rounded to the nearest dollar).
---------------------------------------------------------------------------

    \4\ Bureau of Labor Statistics, ``Occupational Employment
Survey''. May 2010. http://www.bls.gov/oes/current/naics4_485200.htm (accessed December 15, 2011). North American Industry
Classification System (NAICS) 485200, Interurban and Rural Bus
Transportation, Standard Occupational Classification (SOC) 13-2000,
Business and Financial Operations Occupations.
    \5\ FMCSA estimates this 50% employee benefit rate by using the
private industry average wage ($16.03 per hour) and benefit
information ($8.01 per hour) for production, transportation, and
moving material workers. Benefits thus amount to 50.0 percent of
wages (0.500 = $8.01/$16.03). From ``Employer Costs for Employee
Compensation--September 2010''. Accessed on 23-August-2011 at http://www.bls.gov/news.release/pdf/ecec.pdf.
    \6\ Berwick, Farooq. ``Truck Costing Model for Transportation
Managers''. Upper Great Plains Transportation Institute, North
Dakota State University (2003) accessed on 23-August-2011 at http://ntl.bts.gov/lib/24000/24200/24223/24223.pdf.
---------------------------------------------------------------------------

    Collectively, eliminating these reporting requirements reduces the
burden to industry by 202.4 hours and $9,989.
    The PRA requires that each agency ``shall certify * * * that each
collection of information * * * is necessary for the proper performance
of the functions of the agency, including that the information has
practical utility.'' 44 U.S.C. 3506(c)(3)(A); 5 CFR 1320.5(d)(1)(iii).
FMCSA can no longer certify that the quarterly requirements are
``necessary for the proper performance of the functions of the
agency.'' Therefore, FMCSA is discontinuing the quarterly reporting
requirements.

D. Federalism

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

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 $143.1 million (which is the value of $100,000,000 in 2010
after adjusting for inflation) or more in any 1 year. This rule would
not result in such an expenditure.

F. Taking of Private Property

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

G. 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.

H. Protection of Children

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

I. Energy Effects

    FMCSA has analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Agency has 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 will
not have a significant adverse effect on the supply, distribution, or
use of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

J. Environment

    The Agency analyzed this direct final rule for the purpose of the
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et
seq.) and determined under our environmental procedures Order 5610.1,
published March 1, 2004 (69 FR 9680), that this action is categorically
excluded under two categorical exclusions (CEs) in the Order from
further environmental documentation. These are found in Appendix 2,
paragraph 4, which covers data and information gathering, and Appendix
2, paragraph 6(y)(2) concerning reports provided by motor carriers.
This direct final rulemaking makes minor changes to rules regarding ``a
change in reporting period (for example, from quarterly to annually) or
eliminating a type of data collection no longer necessary,'' as
authorized by 49 CFR 389.39(a)(5). The action involves no extraordinary
circumstances that would have any effect on the quality of the
environment. Thus, the action does not require an environmental
assessment or an environmental impact statement.
    FMCSA also analyzed this rule under the Clean Air Act, as amended
(CAA), section 176(c), (42 U.S.C. 7401 et seq.) and implementing
regulations promulgated by the Environmental Protection Agency.
Approval of this action is exempt from the CAA's general conformity
requirement since it does not result in any potential increase in
emissions that are above the general conformity rule's de minimis
emission threshold levels (40 CFR 93.153(c)(2)). This action merely
eliminates a reporting requirement.
    The Categorical Exclusion Determination is available for inspection
or copying in the regulations.gov Web site listed under ADDRESSES.

List of Subjects in 49 CFR Part 369

    Motor carriers, Reporting and recordkeeping requirements.

    In consideration of the foregoing, FMCSA amends 49 CFR part 369 in
title 49, Code of Federal Regulations, chapter III, subchapter B, as
follows:

PART 369--[AMENDED]

0
1. The authority citation for part 369 is revised to read as follows.

    Authority: 49 U.S.C. 14123; 49 CFR 1.73.

0
2. Amend Sec.  369.1, by removing paragraph (b) and redesignating
paragraph (c) as paragraph (b) and revising it to read as follows.

Sec.  369.1  Annual reports of motor carriers of property, motor
carriers of household goods, and dual property carriers.

* * * * *
    (b) Where to file report. Carriers must file the annual reports
with the Federal Motor Carrier Safety Administration at the address in
Sec.  369.6. You can obtain blank copies of the report forms from the
Federal Motor Carrier Safety Administration Web site http://www.fmcsa.dot.gov/forms/reporting/mcs_info.htm#fos.

0
3. Revise Sec.  369.4 to read as follows.

Sec.  369.4  Annual reports of Class I carriers of passengers.

    (a) All Class I motor carriers of passengers shall complete and
file Motor Carrier Annual Report Form MP-1 for Motor Carriers of
Passengers (Form MP-1).
    (b) Accounting period. (1) Motor Carrier Annual Report Form MP-1
shall be used to file annual selected motor carrier data.
    (2) The annual accounting period shall be based either:
    (i) On the 31st day of December in each year, or
    (ii) An accounting year of thirteen 4-week periods ending at the
close of the last 7 days of each calendar year.
    (3) A carrier electing to adopt an accounting year of thirteen 4-
week periods shall file with the FMCSA a statement showing the day on
which its accounting year will close. A subsequent change in the
accounting period may not be made except by authority of the FMCSA.
    (c) The annual report shall be filed on or before March 31 of the
year following the year to which it relates. The annual report shall be
filed in duplicate with the Federal Motor Carrier Safety Administration
at the address in Sec.  369.6. Copies of Form MP-1 may be obtained from
the FMCSA.

0
4. Amend Sec.  369.8 by revising paragraph (d) and removing the table
following it, to read as follows.

Sec.  369.8  Requests for exemptions from filing.

* * * * *
    (d) When requests are due. The timing of a request for an exemption
from filing is the same as the timing for a request for an exemption
from public release contained in Sec.  369.9(d). For Annual Form M,
both the report and the request are due by March 31.
* * * * *

0
5. Amend Sec.  369.9 by removing paragraph (d)(4) and revising
paragraph (e)(4) and removing the table following it, to read as
follows.

Sec.  369.9  Requests for exemptions from public release.

* * * * *
    (e) * * *
    (4) FMCSA will grant or deny each request no later than 90 days
after the request's due date as defined in paragraph (d) of this
section. The decision by FMCSA shall be administratively final. For
Annual Form M, both the report and the request are due by March 31, and
the decision is due by June 30.
* * * * *

Sec.  369.11  [Removed]

0
6. Remove Sec.  369.11.

    Issued on: June 22, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012-15744 Filed 6-26-12; 8:45 am]
BILLING CODE 4910-EX-P