[Federal Register: February 11, 2010 (Volume 75, Number 28)]
[Rules and Regulations]
[Page 6813-6816]
[DOCID:fr11fe10-1]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2006-0569; FRL-9112-1]

Approval of Air Quality Implementation Plans; New Mexico;
Albuquerque/Bernalillo County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving revisions to the State Implementation
Plan (SIP) submitted by the Governor of New Mexico on May 24, 2006. The
revisions address Title 20 of the New Mexico Administrative Code,
Chapter 11, Part 102 (denoted 20.11.102 NMAC), which apply to
oxygenated fuels in the Albuquerque/Bernalillo County area. The
revisions include editorial and substantive changes that clarify the
requirements under 20.11.102 NMAC. We are approving these revisions in
accordance with the requirements of section 110 of the Clean Air Act
(the Act).

DATES: The Direct final rule will be effective April 12, 2010 without
further notice unless EPA receives adverse comments by March 15, 2010.
If adverse comments are received, EPA will publish a timely withdrawal
of the direct final rule in the Federal Register informing the public
that the rule will not take effect.

ADDRESSES: Submit comments, identified by Docket ID number EPA-R06-OAR-
2006-0569, by one of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions.
     U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/
region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select
``Air'' before submitting comments.
     E-mail: Mr. Guy Donaldson at<EMAIL_ADDRESS>Please
also send a copy by email to the persons listed in the FOR FURTHER
INFORMATION CONTACT section below.
     Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number<PHONE_NUMBER>.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8 a.m. and 4 p.m. weekdays except
legal holidays. Special arrangements should be made for deliveries of
boxed information.
    Instructions: Please include the text ``Public comment on Docket ID
number EPA-R06-OAR-2006-0569'' in the subject line of the first page of
your comments. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through http://www.regulations.gov or e-mail that you consider to be
CBI or otherwise protected from disclosure. The http://
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through http://www.regulations.gov, your
e-mail address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733. The file will be made available by
appointment for public inspection in the Region 6 FOIA Review Room
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below or Mr. Bill Deese at<PHONE_NUMBER> to make an
appointment. If possible, please make the appointment at least two
working days in advance of your visit. There will be a fee of 15 cents
per page for making photocopies of documents. On the day of the visit,
please check in at the EPA Region 6 reception area at 1445 Ross Avenue,
Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection (during
official business hours by appointment) at the City of Albuquerque,
Environmental Health Department, One Civic Plaza, Albuquerque, New
Mexico 87102.

FOR FURTHER INFORMATION CONTACT: Inquiries on this rulemaking should be
directed to Ms. Carrie Paige, Air Planning Section (6PD-L),
Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202-2733, telephone<PHONE_NUMBER>; fax number 214-665-
7263; e-mail address<EMAIL_ADDRESS>or Mr. Bill Deese, Air
Planning Section (6PD-L), Environmental Protection Agency, Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733, telephone (214)
665-7253; fax number<PHONE_NUMBER>; e-mail address
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: In this document, ``we,'' ``our,'' and
``us'' means EPA.

Outline

I. What Action Is EPA Taking?
II. Background
III. Summary of Changes to the New Mexico SIP
IV. Final Action
V. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    Today we are approving revisions to the New Mexico SIP, submitted
by the Governor of New Mexico on May 24, 2006. The revisions address
20.11.102 NMAC, which apply to the Oxygenated Fuels program in the
Albuquerque/Bernalillo County area. The revisions include editorial and
substantive changes that clarify the requirements under 20.11.102 NMAC;
the deletion of an obsolete procedures manual and references to it; and
the addition of language from the deleted procedures manual to address
inventory, recordkeeping, sampling and analysis procedures, and
enforcement. We are approving these revisions in accordance with the
requirements of section 110 of the Act.
    EPA is publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no relevant adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on April 12, 2010
without further notice unless we receive relevant adverse comment by
March 15, 2010. If we receive relevant adverse comments, we will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so now. Please note that if we receive
adverse comment on an amendment, paragraph, or section of this rule and
if that provision may be severed from the remainder of the rule, we may
adopt as final those provisions of the rule that are not the subject of
an adverse comment.

II. Background

    The SIP is a set of air pollution regulations, control strategies,
and technical analyses developed by the state to ensure that the state
meets the National Ambient Air Quality Standards (NAAQS). These ambient
standards are established under section 109 of the Act and they
currently address six criteria pollutants: carbon monoxide, lead,
nitrogen dioxide, ozone, particulate matter, and sulfur dioxide. The
SIP is required by Section 110 of the Act and can be extensive,
containing state regulations or other enforceable documents and
supporting information such as emission inventories, monitoring
networks, and modeling demonstrations.
    The Albuquerque/Bernalillo County area was designated as a moderate
nonattainment area for carbon monoxide (CO) on November 6, 1991 (see 56
FR 56694). As a moderate nonattainment area for CO, the area had to
meet several new requirements, one of which was to implement an
oxygenated fuels (oxyfuels) program, to reduce emissions of CO in
automobile exhaust. The Albuquerque/Bernalillo County area oxyfuels
program was submitted by the state and subsequently approved by EPA on
November 29, 1993 (58 FR 62535). On April 14, 1995, the Governor of New
Mexico submitted a request to EPA to redesignate to attainment the
Albuquerque/Bernalillo County CO nonattainment area, which we approved
on June 13, 1996 (61 FR 29970). On July 21, 2005,\1\ we approved
revisions to the New Mexico SIP pertaining to the second 10-year carbon
monoxide (CO) maintenance plan for the Albuquerque/Bernalillo County
area, including revisions to 20.11.102 NMAC, which address the oxyfuels
program.
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    \1\ See 70 FR 41963.
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    The May 24, 2006 submittal incorporates additional revisions to
20.11.102 NMAC. The rules in this submittal were promulgated in
compliance with the NM Air Quality Control Act and Albuquerque/
Bernalillo County Air Quality Control Board (AQCB) ordinances,
published in the New Mexico Register, the official state publication
for rulemaking actions, and submitted in accordance with the
requirements in 40 CFR part 51. For more detail, see the 2006 submittal
in the docket for this rulemaking and our Technical Support Document
(TSD), also in the docket.

III. Summary of Changes to the New Mexico SIP

A. <IP_ADDRESS>, Scope

    Revisions to this section include nonsubstantive revisions and the
inclusion of language that excepts Indian lands from the scope of the
rule. This exception is appropriate as neither the City of Albuquerque
nor Bernalillo County have jurisdiction over Indian lands.

B. <IP_ADDRESS>, Statutory Authority

    Revisions to this section include clarifying edits and corrections
to references to state and county rules that provide authority to adopt
rules. These revisions are not substantive and update statutory and
regulatory authority provisions.

C. <IP_ADDRESS>, Definitions

    Revisions to this section include clarifying edits, inserting the
correct formula for the molecular composition of ethanol, and removing
a reference to the oxygenated fuels procedures manual. Two definitions
were added: ``Vehicle pollution management division'' (VPMD) and
``Winter pollution season.'' These revisions delete obsolete
references, identify the department responsible for administering
20.11.102 NMAC, and identify the beginning and end dates for the annual
winter pollution season.

D. <IP_ADDRESS>, Savings Clause

    Revisions to this section include clarifying edits and removing
references to the oxygenated fuels procedures manual. These revisions
delete obsolete references and are not substantive.

E. <IP_ADDRESS>, Severability

    Revisions to this section provide clarification and are not
substantive.

F. <IP_ADDRESS>, Documents

    Revisions to this section provide clarification and are not
substantive.

G. <IP_ADDRESS>, Oxygenated Fuels

    Revisions to this section include clarifying edits, identify the
annual program duration as the winter pollution season, and delete a
reference to methyl tertiary butyl ether (MTBE) as an oxygenate
approved for use in the oxygenated fuels program. The removal of MTBE
is not a weakening of the SIP, because the rule still specifies
blending ethanol. This revision merely removes one of the choices
available to comply with the rule.
    Revisions to this section also add the headings of inventory,
recordkeeping, sampling, analysis, and enforcement, and delete
redundant text. The language inserted under each of these headings is
taken from the old oxygenated fuels procedures manual; references to
the procedures manual are being removed from the SIP in today's action.
The 2006 revisions also add labeling provided by the VPMD, rather than
the retail facility, which provides for a standardized and

consistent labeling protocol. References to appropriate American
Society for Testing and Materials (ASTM) methods are provided under the
heading for analysis. A range of fines and schedule of corrective
actions, including closure, is added under the heading for enforcement.
    The revisions to <IP_ADDRESS> NMAC provide more specificity to the
rules, thus strengthen the SIP.

H. <IP_ADDRESS>, Oxygenated Fuels Procedures Manual

    The 2006 revisions to <IP_ADDRESS> NMAC revoke the entire section.
Language relevant to inventory, recordkeeping, sampling, analysis, and
enforcement was taken from the old procedures manual and inserted into
the SIP; see paragraph (G) above. By deleting references to the
procedures manual and incorporating the specific headings and text into
the SIP, the SIP becomes more comprehensive and straightforward.

I. <IP_ADDRESS>, Contingency Measure

    The current SIP provides for an increase in the minimum oxygen
content of the fuel, should the area violate the CO NAAQS. The 2006
revisions delete this language and provide for an increase in the
minimum oxygen content of the fuel, should the area exceed 85 percent
of the CO NAAQS. Should the contingency measure be triggered, the
oxygen content by weight will be increased from 2.7 percent to 3.0
percent. These revisions to <IP_ADDRESS> NMAC strengthen the SIP.

IV. Final Action

    We are approving revisions to the New Mexico SIP submitted to EPA
on May 24, 2006, which address 20.11.102 NMAC and apply to oxygenated
fuels in the Albuquerque/Bernalillo County area. The revisions include
editorial and substantive changes that clarify and strengthen 20.11.102
NMAC, sections 2, 3, 7, and 9-14. The revisions are consistent with the
Act and EPA policy.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 12, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxides, Ozone,
Reporting and recordkeeping requirements, Volatile Organic Compounds.

    Dated: January 15, 2010.
Al Armendariz,
Regional Administrator, Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart GG--New Mexico

0
2. The second table in Sec.  52.1620(c) entitled, ``EPA Approved
Albuquerque/Bernalillo County, NM Regulations,'' is amended by revising
the entry for part 102 to read as follows:

Sec.  52.1620  Identification of plan.

* * * * *
    (c) * * *
* * * * *

                           EPA Approved Albuquerque/Bernalillo County, NM Regulations
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                                                       State approval/
         State citation              Title/subject     effective date    EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
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   New Mexico Administrative Code (NMAC) Title 20--Environment Protection, Chapter 11--Albuquerque/Bernalillo
                                        County Air Quality Control Board
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                                                  * * * * * * *
Part 102 (20.11.102 NMAC).......  Oxygenated Fuels..        12/11/2005  2/11/2010 [Insert    ...................
                                                                         FR page number
                                                                         where document
                                                                         begins].

                                                  * * * * * * *
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[FR Doc. 2010-2792 Filed 2-10-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: June 2, 2009 (Volume 74, Number 104)]
[Notices]
[Page 26464-26465]
[DOCID:fr02jn09-129]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1998-4334; FMCSA-2000-7006; FMCSA-2000-7363; FMCSA-
2000-8398; FMCSA-2001-9258; FMCSA-2003-14223; FMCSA-2003-14504; FMCSA-
2004-19477; FMCSA-2005-20027; FMCSA-2005-20560; FMCSA-2006-26066;
FMCSA-2007-27333; FMCSA-2007-27515]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
29 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent
to, or greater than, the level of safety maintained without the
exemptions for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective June 26, 2009. Comments must be
received on or before July 2, 2009.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-1998-4334; FMCSA-2000-7006;
FMCSA-2000-7363; FMCSA-2000-8398; FMCSA-2001-9258; FMCSA-2003-14223;
FMCSA-2003-14504; FMCSA-2004-19477; FMCSA-2005-20027; FMCSA-2005-20560;
FMCSA-2006-26066; FMCSA-2007-27333; FMCSA-2007-27515, using any of the
following methods.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this Notice. Note that DOT posts all comments received without
change to http://www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year.
    If you want acknowledgment that we received your comments, please
include a self-addressed, stamped envelope or postcard or print the
acknowledgement page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19476). This information is
also available at http://DocketInfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 29 individuals who have requested a renewal
of their exemption in accordance with FMCSA procedures. FMCSA has
evaluated these 29 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Gary A. Barrett
Ivan L. Beal
Johnny A. Beutler
Daniel R. Brewer
Darryl D. Cassatt
Larry Chinn
Brett L. Condon
Albion C. Doe, Sr.
William K. Gullet
Daryl A. Jester
James P. Jones
Clyde H. Kitzan
Larry J. Lang
Spencer E. Leonard
Dennis D. Lesperance
John W. Locke
Herman G. Lovell
Ronald L. Maynard
Donald G. Meyer
William A. Moore, Jr.
Earl R. Neugebauer
Danny R. Pickelsimer
Richard S. Rehbein
Bernard E. Roche
David E. Sanders
David B. Speller
Lynn D. Veach
Harry S. Warren
Michael C. Wines

    These exemptions are extended subject to the following conditions:
(1) That each individual have a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the standard in 49 CFR 391.41(b)(10), and
(b) by a medical examiner who attests that the individual is otherwise
physically qualified under 49 CFR 391.41; (2) that each individual
provide a copy of the ophthalmologist's or optometrist's report to the
medical examiner at the time of the annual medical examination; and (3)
that each individual provide a copy of the annual medical certification
to the employer for retention in the driver's qualification file and
retain a copy of the certification on his/her person while driving for
presentation to a duly authorized Federal, State, or local enforcement
official. Each exemption will be valid for two years unless rescinded
earlier by FMCSA. The exemption will be rescinded if: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 29 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (63 FR 66226; 64 FR 16517; 66 FR 17994; 68 FR 35772; 70 FR
33937; 72 FR 32705; 65 FR 20245; 65 FR 57230; 67 FR 57266; 65 FR 45817;
65 FR 77066; 65 FR 78256; 66 FR 16311; 68 FR 13360; 70 FR 25878; 72 FR
28093; 66 FR 17743; 66 FR 33990; 68 FR 10301; 68 FR 19596; 70 FR 25878;
68 FR 19598; 68 FR 33570; 69 FR 64806; 70 FR 2705; 72 FR 1056; 70 FR
2701; 72 FR 16887; 70 FR 17504; 70 FR 30997; 71 FR 63379; 72 FR 1050;
72 FR 12666; 72 FR 25831; 72 FR 21313; 72 FR 32703). Each of these 29
applicants has requested renewal of the exemption and has submitted
evidence showing that the vision in the better eye continues to meet
the standard specified at 49 CFR 391.41(b)(10) and that the vision
impairment is stable. In addition, a review of each record of safety
while driving with the respective vision deficiencies over the past two
years indicates each applicant continues to meet the vision exemption
standards. These factors provide an adequate basis for predicting each
driver's ability to continue to drive safely in interstate commerce.
Therefore, FMCSA concludes that extending the exemption for each
renewal applicant for a period of two years is likely to achieve a
level of safety equal to that existing without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by July 2, 2009.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 29 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was based on the merits of each
case and only after careful consideration of the comments received to
its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all of these drivers, are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

    Issued on: May 22, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-12774 Filed 6-1-09; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register Volume 86, Number 6 (Monday, January 11, 2021)]
[Notices]
[Pages 1988-1993]
[FR Doc No: 2021-00307]

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DEPARTMENT OF HOMELAND SECURITY

[Docket No. FEMA-2020-0031]

Privacy Act of 1974; System of Records

AGENCY: Federal Emergency Management Agency, U.S. Department of
Homeland Security.

ACTION: Notice of a Modified System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the U.S.
Department of Homeland Security (DHS) proposes to modify a current
system of records titled, ``DHS/Federal Emergency Management Agency
(FEMA)-014 Hazard Mitigation Planning and Flood Mapping Products and
Services Records System of Records.'' This system of records allows
DHS/FEMA to collect and maintain records on individuals who are
involved in the creation and updating of flood maps, individuals
requesting information on flood map products or services, and
individuals involved with hazard mitigation planning. DHS/FEMA is
updating this system of records notice to (1) modify the records'
location; (2) update the authority for maintenance of the system; (3)
update the purpose of the system; (4) revise the categories of
individuals covered by the system; (5) update the categories of records
in the system; (6) update record source categories; and (7) revise and
add routine uses.

DATES: Submit comments on or before February 10, 2021. This modified
system will be effective upon publication. New or modified routine uses
will be effective February 10, 2021.

ADDRESSES: You may submit comments, identified by docket number FEMA-
2020-0031 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Constantina Kozanas, Chief Privacy Officer, Privacy
Office, U.S. Department of Homeland Security, Washington, DC 20528-
0655.
    Instructions: All submissions received must include the agency name
and docket number FEMA-2020-0031. All comments received will be posted
without change to http://www.regulations.gov, including any personal
information provided.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Tammi Hines,<PHONE_NUMBER><EMAIL_ADDRESS>Acting Senior
Director for Information Management, Federal Emergency Management
Agency, U.S. Department of Homeland Security, Washington, DC 20528. For
privacy questions, please contact: Constantina Kozanas,<PHONE_NUMBER>,
<EMAIL_ADDRESS>Chief Privacy Officer, Privacy Office, U.S.
Department of Homeland Security, Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION:

I. Background

    This modified system of records notice is being published because
the Federal Emergency Management Agency (FEMA) collects, maintains,
uses, retrieves, and disseminates personally identifiable information
of public officials, certifiers, applicants, and homeowners who are
involved in the Hazard Mitigation and Flood Mapping Process. FEMA
administers the National Flood Insurance Program (NFIP) and Hazard
Mitigation Planning programs. The Robert T. Stafford Disaster Relief
and Emergency Assistance Act, as amended by the Disaster Mitigation Act
of 2000, provides the legal basis for FEMA and other government
agencies to undertake a risk-based approach to reducing losses from
natural hazards through mitigation planning. The Federal Insurance
Mitigation Administration's (FIMA) Mitigation Planning Program oversees
and provides guidance to state, local, tribal, and territorial (SLTT)
governments that are required to develop a FEMA-approved risk-based
hazard mitigation plan. This plan is a precondition for receiving non-
emergency disaster assistance from the federal government, including
funding for flood hazard mitigation projects. FEMA collaborates with
SLTT mitigation planners and risk analysts to support the development,
review, and approval of SLTT hazard mitigation plans, tracks planned
mitigation actions, and facilitates collaboration among planners and
risk analysts.
    The National Flood Insurance Act of 1968 (NFIA) (42 U.S.C. 4001 et
seq.), and as further amended by the Biggert Waters Flood Insurance
Reform Act of 2012, Public Law 112-141, establishes that FEMA will
provide flood insurance in communities that participate in the NFIP by
adopting and enforcing floodplain management ordinances that meet the
minimum NFIP requirements. The law requires FEMA to provide, maintain,
and make public flood hazard information and maps to support floodplain
management and insurance activities. FEMA's regulations implementing
NFIA, including the flood mapping program, may be found in 44 CFR 59-
72.
    The NFIA requires insurance companies that write flood insurance
policies on behalf of the NFIP to use FEMA flood maps to determine
insurance rates. These flood maps consist of zones or areas. Flood
hazard areas identified on FEMA flood maps are identified as a Special
Flood Hazard Area (SFHA). SFHA is defined as the area that will be
inundated by a flood event having a 1-percent chance of being equaled
or exceeded in any given year. The 1-percent-annual-chance flood is
also referred to as the base flood or 100-year flood. SFHAs are labeled
as Zone A, Zone AO, Zone AH, Zones A1-A30, Zone AE, Zone A99, Zone AR,
Zone AR/AE, Zone AR/AO, Zone AR/A1-A30, Zone AR/A, Zone V, Zone VE, and
Zones V1-V30. Moderate flood hazard areas, labeled Zone B or Zone X
(shaded) are also shown on the maps, and are the areas between the
limits of the base flood and the 0.2-percent annual-chance (or 500-
year) flood. The areas of minimal flood hazard, which are the areas
outside the SFHA and higher than the elevation of the 0.2-percent-
annual-chance flood, are labeled Zone C or Zone X (unshaded).
    Members of the public view and review these FEMA maps and related
products online free of charge to understand a property's flood risk.
Other related information may also be shown on different layers that
can be seen on FEMA's National Flood Hazard Layer available at
msc.fema.gov. In addition, community officials must use

these maps to manage development in flood-prone areas.
    FEMA flood maps are subject to revision through the Letters of Map
Change (LOMC) administrative process. Letters of Map Changes are
documents issued by FEMA to revise or amend the flood hazard
information shown on the Flood Insurance Rate Map (FIRM) in response to
requests from community officials and property owners. Letters of Map
Changes include two types of map changes: Letter of Map Amendment
(LOMA) or Letter of Map Revision (LOMR). The procedures for both types
of map changes are outlined in 44 CFR 70 and 65, respectively. LOMRs
modify small portions of flood maps based on scientific and technical
information submitted to FEMA with a request to revise flood maps.
Conditional Letters of Map Revision (CLOMR) are provisional findings
for flood map revisions based on scientific and technical data based on
proposed changes to floodplain conditions.
    Letters of Map Revision Based on Fill (LOMR-F) and Conditional
LOMR-Fs are specific types of (C)LOMR-based floodplain changes
consisting only of placement of earthen fill to raise the ground level
in the floodplain. LOMAs are modifications to the regulatory floodplain
based on documentation that adjacent grade for a particular property or
structure is naturally higher than the predicted flood elevation and
was therefore inadvertently included in the floodplain. A Conditional
LOMA (CLOMA) is a provisional finding that the adjacent grade for a
proposed structure was inadvertently included in the floodplain. A
Letter of Determination Review (LODR) is a finding by FEMA of whether
the documentation provided by the requester shows a particular property
to be in the floodplain or not.
    Adequate Progress (Zone A99) determinations, regulated through 44
CFR 61.12, provide for lower flood insurance premium rates in areas
where FEMA determines that a community has made adequate progress on
its construction or reconstruction of a project designed for flood risk
reduction. These areas, landward of the flood protection system, are
designated as Zone A99 on the FIRM and flood insurance premium rates
and floodplain management requirements are generally less than those
required in other SFHAs (e.g., Zone AE, Zone AO, and Zone AH). Flood
Protection Restoration (Zone AR) determinations, regulated through 44
CFR 65.14, may provide reduced flood insurance premium rates and
floodplain management regulations in areas where FEMA has issued a
determination that a project is sufficiently underway to restore a
flood protection system to meet 44 CFR 65.10 accreditation
requirements. Areas landward of the flood protection system that are
being rehabilitated are designated as Zone AR on the FIRM, and may have
base flood elevations (BFE) representing the current risk as if the
flood protection system was not in place.
    FEMA accepts, reviews, and tracks applications from levee owners
and communities seeking Zone AR designations, Zone A99 designations,
and recognition of accredited levee systems on FIRMs. To support a
mapping project, levee owners and communities have the responsibility
to provide documentation that either a levee system meets the
requirements of 44 CFR 65.10 to have the levee system shown as
accredited (i.e., provide protection from the 1-percent-annual-chance
flood) or the levee system meets the mapping procedure(s) for non-
accredited levee systems.
    FEMA performs the following tasks in support of flood mapping:
     Identify and prioritize the need for flood hazard data
updates;
     Schedule and track progress and quality of flood hazard
and risk studies;
     Conduct community outreach and coordinate with SLTT
officials and the public on the flood hazard and risk study process;
     Collect information to support flood hazard analysis from
a wide variety of sources including SLTT government organizations and
other organizations such as levee owners;
     Provide public review of the proposed flood hazard data;
     Adjudicate administrative appeals to flood hazards and
flood elevations;
     Coordinate and track the request and processing of flood
map revisions and amendments;
     Publish and distribute map revisions, amendments, flood
hazard and risk data, maps, and related information;
     Respond to inquiries from stakeholders and help to resolve
issues related to flood maps;
     Monitor the effectiveness of program delivery and
stakeholder satisfaction; and
     Collaborate with SLTT mitigation planners and risk
analysts to support the development, review, and approval of SLTT
hazard mitigation plans, track planned mitigation actions, and
facilitate collaboration among planners and risk analysts.

The administrative appeals processes referenced above satisfy due
process obligations owed to affected communities and property holders.
This requirement includes making available to the public the relevant
data documenting the scientific and technical basis of the maps and
documenting the community and public coordination processes associated
with the development and publication of the maps. The NFIA also
requires participating communities to adopt these maps as the basis for
their land use regulations.
    FEMA obtains information about individuals in various forms (paper
and electronic): By communicating with SLTT officials, their
contractors, and community members about flood maps and hazard
mitigation plans; by collecting requests for LOMCs from public records;
through FEMA's websites; and by operating call centers. These
activities allow FEMA to assist states with mitigation planning, as
well as to ensure FIRMs are accurate and up to date.
    FEMA is updating this system of records notice to reflect the
following changes. First, the system location has been updated to more
accurately reflect the location of the records at the FEMA Headquarters
in Washington, DC and at field offices and electronically in the Risk
Analysis and Management (RAM) System (formerly Mapping Information
Platform (MIP) system, the Map Service Center, and Risk Map
collaboration sites) and LOMA-Logic. Second, the Biggert Waters Flood
Insurance Reform Act of 2012, Public Law 112-141, 126 Stat. 916 (and
codified in sections of 42 U.S.C. secs. 4101-4130) was added as an
authority for maintenance of the system and provides for public
disclosure flood hazard information and maps to support floodplain
management and insurance activities. Third, the purpose of the system
is being updated to document the broader flood mapping, risk analysis,
and hazard mitigation planning functions supported by the system, and
to include community outreach, including public meetings, in the hazard
mitigation and flood mapping processes. Fourth, the categories of
individuals have been revised to clarify that property owners include
applicants for letters of map change and to more accurately reflect
individuals solicited to attend public meetings related to flood hazard
identification and hazard mitigation and flood mapping activities.
Fifth, the categories of records have been updated to clarify that
information collected regarding property owners includes applicants for
Letters of Map Change; to include business website and business social
media account information for public officials, certifiers, and others

included in the approval process; and to include public records
(including voter records, tax records, real estate records, or
directories) that are collected to conduct outreach for attendance in
public meetings related to Letters of Map Change. Sixth, record source
categories are being updated to clarify that records come from
homeowners, tenants, state/local/tribal/territorial government, and
public records. Seventh, Routine Use E is being modified and Routine
Use F is being added to conform to Office of Management and Budget
Memorandum M-17-12 regarding breach notification and investigation.
Routine Use K was added to reflect that pursuant to the National Flood
Insurance Act, FEMA routinely makes available to the public: Name,
business contact information, and professional license information for
public officials, certifiers, engineers, and other licensed
professionals and their staff who participate in the development,
update, and approval of flood hazard maps. Additionally, this routine
use reflects that the address of the subject property is also publicly
disclosed. Routine Use L was added to account for testing of new
technology compatible with the purpose of this system of records.
    Furthermore, this notice includes non-substantive changes to
simplify the formatting and text of the previously published notice.
    Consistent with DHS's information sharing mission, information
stored in the DHS/FEMA-014 Hazard Mitigation Planning and Flood Mapping
Products and Services System of Records may be shared with other DHS
Components that have a need to know the information to carry out their
national security, law enforcement, immigration, intelligence, or other
homeland security functions. In addition, DHS/FEMA may share
information with appropriate federal, state, local, tribal,
territorial, foreign, or international government agencies consistent
with the routine uses set forth in this system of records notice.
    This modified system will be included in DHS's inventory of record
systems.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which federal government
agencies collect, maintain, use, and disseminate individuals' records.
The Privacy Act applies to information that is maintained in a ``system
of records.'' A ``system of records'' is a group of any records under
the control of an agency from which information is retrieved by the
name of an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass U.S. citizens and lawful
permanent residents. Additionally, the Judicial Redress Act (JRA)
provides covered persons with a statutory right to make requests for
access and amendment to covered records, as defined by the JRA, along
with judicial review for denials of such requests. In addition, the JRA
prohibits disclosures of covered records, except as otherwise permitted
by the Privacy Act.
    Below is the description of the DHS/FEMA-014 Hazard Mitigation
Planning and Flood Mapping Products and Services Records.
    In accordance with 5 U.S.C. sec. 552a(r), DHS has provided a report
of this system of records to the Office of Management and Budget and to
Congress.

SYSTEM NAME AND NUMBER:
    U.S. Department of Homeland Security (DHS)/Federal Emergency
Management Agency (FEMA)-014 Hazard Mitigation Planning and Flood
Mapping Products and Services Records System of Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained at the FEMA Headquarters in Washington, DC
and field offices. Additionally, records may be located in the Risk
Analysis and Management (RAM) system (formerly Mapping Information
Platform (MIP) system, the Map Service Center, and Risk Map
collaboration sites) and the LOMA-Logic system.
    Primary Production Server/Data Storage Locations:
    Alleghany Ballistics Laboratory Data Center (Operated by IBM),
Rocket Center, WV
    CDS Operations Sites:
    Primary Local Operations Site (Operated by IBM), Fairfax, VA
    Alleghany Ballistics Laboratory Data Center (Operated by IBM),
Rocket Center, WV
    Secondary Local Operations Site (Operated by Michael Baker
International), Alexandria, VA
    Backup Data Storage Sites (In Addition to Sites Already Listed
Above):
    Alleghany Ballistics Laboratory (Operated by IBM), Rocket Center,
WV
    Iron Mountain Secure Offsite Storage, Various U.S. locations

SYSTEM MANAGER(S):
    Program Management, Risk Management Program, Federal Insurance and
Mitigation Administration, 400 C Street SW, Washington, DC 20472.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The National Flood Insurance Act of 1968, as amended, including the
Biggert Waters Flood Insurance Reform Act of 2012, Public Law 112-141,
126 Stat. 916 (codified in sections of 42 U.S.C. secs. 4001-4130); The
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as
amended by the Disaster Mitigation Act of 2000 (DMA 2000), Public Law
106-390, 14 Stat. 1552; and 44 CFR parts 59-72.

PURPOSE(S) OF THE SYSTEM:
    The purposes of this system of records are to support FEMA's flood
mapping, risk analysis, and hazard mitigation planning functions, which
are to: Identify and prioritize the need for flood hazard updates;
schedule and track progress and quality of flood hazard and risk
studies; conduct community outreach and coordinate with SLTT officials
and the public on the flood hazard and risk study process; collect
information to support flood hazard analysis from a wide variety of
sources, including SLTT government organizations and other
organizations such as levee owners; provide public review of the
proposed flood hazard data; adjudicate administrative appeals to flood
hazards and flood elevations; coordinate and track the request and
processing of flood map revisions and amendments; publish and
distribute flood hazard and risk data, maps, and related information,
as well as updates, revisions, and amendments thereto; respond to
inquiries from stakeholders and help to resolve issues related to flood
maps; monitor the effectiveness of program delivery and stakeholder
satisfaction; and collaborate with SLTT officials to support the
development, review, and approval of SLTT hazard mitigation plans,
track planned mitigation actions, and facilitate collaboration among
planners and risk analysts.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Members of the general public, including: Letters of map change
applicants/property owners, developers, investors, and their
representatives; realtors; certifiers, including Registered
Professional Engineers and Licensed Land Surveyors; state, local,
tribal, or territorial government officials with authority over a
community's flood

plain management activities, which includes Mapping Review Partners
(MRP); potential or confirmed respondents to customer service surveys/
focus groups; potential or confirmed attendees at FEMA's public
meetings or other outreach activities related to flood hazard
identification and flood mapping activities; and FEMA staff and
stakeholders registered to use FEMA's information technology systems
and collaboration sites.

CATEGORIES OF RECORDS IN THE SYSTEM:
     Full name;
     Position or title;
     Email addresses;
     Addresses (mailing and property);
     Business website or business social media account
information;
     Public Records (such as voter records, tax records, real
estate records, or directories) to conduct outreach activities;
     Company or community name;
     Organization or agency name;
     Six-digit NFIP community number;
     Fax number;
     Professional license number;
     Professional license expiration date;
     Signature;
     Signature date;
     Fill placement and date;
     Type of construction;
     Elevation data;
     Base Flood Elevation (BFE) data;
     Legal property description;
     FEMA region number (1-10);
     Transcripts of conversations with FEMA call centers or
helpdesk including name, address, phone number, email address, caller
type (e.g., property owner, realtor), chat subject, and chat subject
category;
     Bank name and account information including electronic
funds transfer, and credit/debit card account information;
     Payment confirmation number;
     User account creation and access information; and
    [cir] Username;
    [cir] Activation code;
    [cir] Password;
    [cir] Roles and responsibilities;
    [cir] Challenge questions and answers; and
    [cir] System permissions or permission levels.
     Voluntary response to customer satisfaction and experience
surveys and focus groups, including demographic information about the
individual.

RECORD SOURCE CATEGORIES:
    Records are obtained from individuals (e.g., home and property
owners, tenants, investors, and property developers, or their
representatives); LOMC Certifiers (e.g., Registered Professional
Engineers and Licensed Land Surveyors); state, local, tribal, or
territorial government officials, including those with authority over a
community's floodplain management activities or other land use, which
includes MRPs; FEMA staff and stakeholders registered to use SharePoint
information and collaboration portals; the FEMA Community Information
System (CIS) system; and the cloud-based LOMA-LOGIC tool. Records may
also be obtained from public records maintained by SLTT or private
entities, such as tax records, real estate records, voter records or
directories.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C.
sec. 552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. sec. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ), including the U.S. Attorneys
Offices, or other federal agencies conducting litigation or proceedings
before any court, adjudicative, or administrative body, when it is
relevant or necessary to the litigation and one of the following is a
party to the litigation or has an interest in such litigation:
    1. DHS or any component thereof;
    2. Any employee or former employee of DHS in his/her official
capacity;
    3. Any employee or former employee of DHS in his/her individual
capacity, only when DOJ or DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.
    B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. secs. 2904
and 2906.
    D. To an agency or organization for the purpose of performing audit
or oversight operations as authorized by law, but only such information
as is necessary and relevant to such audit or oversight function.
    E. To appropriate agencies, entities, and persons when (1) DHS
suspects or has confirmed that there has been a breach of the system of
records; (2) DHS has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, DHS (including
its information systems, programs, and operations), the federal
government, or national security; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with DHS's efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm.
    F. To another federal agency or federal entity, when DHS determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the federal
government, or national security, resulting from a suspected or
confirmed breach.
    G. To an appropriate federal, state, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, when a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
    H. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
    I. To state and local governments pursuant to signed agreements
allowing such governments to assist FEMA in making LOMC determinations.
    J. To the U.S. Department of the Treasury for the processing of
payments for products and services.
    K. To the public, in accordance with the National Flood Insurance
Act, the following information: Names and business contact information
of certifiers, public officials, and others involved in the
development, update, and approval of flood hazard maps,

including business websites or business social media account
information as well as the address of the subject property. This does
not include names or other information regarding the applicant/property
owner.
    L. To appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations, with
the approval of the Chief Privacy Officer, when DHS is aware of a need
to use relevant data, that relate to the purpose(s) stated in this
SORN, for purposes of testing new technology.
    M. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information, when
disclosure is necessary to preserve confidence in the integrity of DHS,
or when disclosure is necessary to demonstrate the accountability of
DHS's officers, employees, or individuals covered by the system, except
to the extent the Chief Privacy Officer determines that release of the
specific information in the context of a particular case would
constitute a clearly unwarranted invasion of personal privacy.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    DHS/FEMA stores records in this system electronically or on paper
in secure facilities in a locked drawer behind a locked door. The
records may be stored on magnetic disc, tape, and digital media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    DHS/FEMA retrieves records by name, address information, legal
description of property, order number, and account number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    In accordance with NARA authority N1-311-01-2, item 1, and FEMA
records disposition schedule FIA 1-2-2, FEMA retires community case
file materials to off-site storage when the record is three years old
and destroys the record 100 years after the retirement date.
    In accordance with NARA authority N1-311-86-1, item 2.A.2, and FEMA
Records Disposition Schedule FIA-2, appeals records are cut off after
the appeal is resolved or the appealed map becomes effective and are
retired two years after cutoff. FEMA destroys appeals records 20 years
after cutoff.
    Pursuant to NARA authority N1-311-86-1, item 2.A.3, and FEMA
Records Disposition Schedule FIA-3, digital preliminary flood maps are
destroyed five years after FEMA issues a flood elevation determination
or insurance rate map.
    Pursuant to NARA authority N1-311-86-1, item 2.A.4, and FEMA
Records Disposition Schedule FIA-4, flood elevation determination (or
insurance rate) maps are permanent, cut off when superseded, and
transferred directly to the National Archives five years after cutoff,
or sooner, for permanent storage.
    Pursuant to NARA authority DAA-GRS-2016-0012-0002, NARA's General
Record Schedule 5.5, item 20, and FEMA Records Disposition Schedule
COMM 2, FEMA stores copies of checks and credit card numbers received
by mail from stakeholders who request changes to the flood maps and who
request engineering library services to obtain copies of flood map
information for one year.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    DHS/FEMA safeguards records in this system according to applicable
rules and policies, including all applicable DHS automated systems
security and access policies. DHS/FEMA has imposed strict controls to
minimize the risk of compromising the information that is being stored.
Access to the computer system containing the records in this system is
limited to those individuals who have a need to know the information
for the performance of their official duties and who have appropriate
clearances or permissions.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to and notification of any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to the Chief Privacy Officer and FEMA's
Freedom of Information Act (FOIA) Officer, whose contact information
can be found at http://www.dhs.gov/foia under ``Contact Information.''
If an individual believes more than one component maintains Privacy Act
records concerning him or her, the individual may submit the request to
the Chief Privacy Officer and Chief Freedom of Information Act Officer,
U.S. Department of Homeland Security, Washington, DC 20528-0655. Even
if neither the Privacy Act nor the Judicial Redress Act (JRA) provide a
right of access, certain records about you may be available under the
Freedom of Information Act.
    When an individual is seeking records about himself or herself from
this system of records or any other Departmental system of records, the
individual's request must conform with the Privacy Act regulations set
forth in 6 CFR part 5. The individual must first verify his/her
identity, meaning that the individual must provide his/her full name,
current address, and date and place of birth. The individual must sign
the request, and the individual's signature must either be notarized or
submitted under 28 U.S.C. sec. 1746, a law that permits statements to
be made under penalty of perjury as a substitute for notarization.
While no specific form is required, an individual may obtain forms for
this purpose from the Chief Privacy Officer and Chief Freedom of
Information Act Officer, http://www.dhs.gov/foia or 1-866-431-0486. In
addition, the individual should:
     Explain why he or she believes the Department would have
information being requested;
     Identify which component(s) of the Department he or she
believes may have the information;
     Specify when the individual believes the records would
have been created; and
     Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records.

If the request is seeking records pertaining to another living
individual, the request must include an authorization from the
individual whose record is being requested, authorizing the release to
the requester.
    Without the above information, the component(s) may not be able to
conduct an effective search, and the individual's request may be denied
due to lack of specificity or lack of compliance with applicable
regulations.

CONTESTING RECORD PROCEDURES:
    For records covered by the Privacy Act or covered JRA records,
individuals may make a request for amendment or correction of a record
of the Department about the individual by writing directly to the
Department component that maintains the record, unless the record is
not subject to amendment or correction. The request should identify
each particular record in question, state the amendment or correction
desired, and state why the individual believes that the record is not
accurate, relevant, timely, or complete. The individual may submit any
documentation that would be helpful. If the individual believes that
the same record is in more than one system of records, the request
should state that and be addressed to each component that maintains a
system of records containing the record.

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None

HISTORY:
    82 FR 49404 (October 25, 2017); 71 FR 7990 (February 15, 2006).

Constantina Kozanas,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2021-00307 Filed 1-8-21; 8:45 am]
BILLING CODE 9111-19-P


[Federal Register Volume 77, Number 183 (Thursday, September 20, 2012)]
[Notices]
[Pages 58435-58436]
[FR Doc No: 2012-23181]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67866; File No. SR-Phlx-2012-113]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
the Electronic Firm Fee Discount

September 14, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 4, 2012, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the Electronic Firm Fee Discount in
Section II of the Exchange's Pricing Schedule titled ``Multiply Listed
Options Fees.'' \3\
---------------------------------------------------------------------------

    \3\ Section II includes options overlying equities, ETFs, ETNs,
indexes and HOLDRS which are Multiply Listed.
---------------------------------------------------------------------------

    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaqtrader.com/micro.aspx?id=PHLXfilings, at
the principal office of the Exchange, on the Commission's Web site at
http://www.sec.gov, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of the proposed rule change is to amend Section II of
the Exchange's Pricing Schedule titled ``Multiply Listed Options
Fees.'' Specifically, the Exchange is proposing to continue to
incentivize Firms to transact electronic orders by providing Firms with
an opportunity to pay lower electronic Options Transaction Charges in
Penny Pilot and non-Penny Pilot Options fees in Section II of the
Pricing Schedule. The Exchange proposes to provide an additional
incentive to Firms who have volume greater than 600,000 electronically-
delivered contracts in a month.
    Today, Firm electronic Options Transaction Charges in Penny Pilot
($0.40 per contract) and non-Penny Pilot Options ($0.45 per contract)
are reduced to $0.13 per contract for a given month provided that a
Firm has volume greater than 600,000 electronically-delivered contracts
in a month (``Electronic Firm Fee Discount''). Under this proposal, the
Exchange would continue to assess Firms the reduced electronic Options
Transaction Charges in Penny Pilot and non-Penny Pilot Options of $0.13
per contract, provided the Firm meets the volume criteria. In addition,
the Exchange now proposes to reduce the Firm electronic Options
Transaction Charges in Penny Pilot ($0.40 per contract) and non-Penny
Pilot Options ($0.45 per contract) for Complex Orders \4\ that add
liquidity to no fee or

$0.00 per contract for a given month provided the Firm has volume
greater than 600,000 electronically-delivered contracts in that
month.\5\ The Exchange believes the additional incentive will encourage
Firms to transact a greater number of orders per month and increase
liquidity on the Exchange.
---------------------------------------------------------------------------

    \4\ A Complex Order is any order involving the simultaneous
purchase and/or sale of two or more different options series in the
same underlying security, priced at a net debit or credit based on
the relative prices of the individual components, for the same
account, for the purpose of executing a particular investment
strategy. Furthermore, a Complex Order can also be a stock-option
order, which is an order to buy or sell a stated number of units of
an underlying stock or exchange-traded fund (``ETF'') coupled with
the purchase or sale of options contract(s). See Exchange Rule 1080,
Commentary .08(a)(i).
    \5\ This fee applies only to Complex Orders for symbols in
Section II and excludes the Section I Select Symbols. The Electronic
Firm Fee Discounts noted herein for Firms that have volume greater
than 600,000 electronically-delivered contracts in a month are in
lieu of the standard Options Transactions Charges noted in Section
II of the Pricing Schedule.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal to amend its Pricing
Schedule is consistent with Section 6(b) of the Act \6\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \7\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among Exchange members and other persons using its
facilities.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that its proposal to amend the Electronic
Firm Fee Discount to assess no fee for electronic Complex Orders that
add liquidity when a Firm has volume greater than 600,000
electronically-delivered contracts in a month is reasonable. The added
benefit for transacting Complex Orders that add liquidity, upon
reaching the requisite volume threshold, should incentivize Firms to
transact a greater number of electronically-delivered orders which
brings liquidity to the Exchange to the benefit of all market
participants.
    The Exchange believes that it is equitable and not unfairly
discriminatory to amend the Electronic Firm Fee Discount to assess no
fee for Complex Orders that add liquidity when a Firm has volume
greater than 600,000 electronically-delivered contracts in a month. All
Firms will continue to have an opportunity to qualify for this
incentive as they do today, provided they achieve the requisite volume.
In addition to the current Electronic Firm Fee Discount offered today,
Firms will have the opportunity to not be assessed a fee for electronic
Complex Orders that add liquidity provided Firms have volume greater
than 600,000 electronically-delivered contracts in a month. The
Exchange believes this additional Electronic Firm Fee Discount will
continue to attract electronic Firm volume to the Exchange.
    The Exchange operates in a highly competitive market, comprised of
ten exchanges, in which market participants can easily and readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive or rebates to be inadequate.
Accordingly, the fees that are assessed by the Exchange must remain
competitive with fees charged by other venues and therefore must
continue to be reasonable and equitably allocated to those members that
opt to direct orders to the Exchange rather than competing venues.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. To the contrary, the proposed
fee reduction is a competitive response to pricing changes at national
securities exchanges with which the Exchange compete for the execution
of Complex Orders.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\8\ At any time within 60 days of the filing
of the proposed rule change, the Commission summarily may temporarily
suspend such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-Phlx-2012-113 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-Phlx-2012-113. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-Phlx-2012-113 and should be
submitted on or before October 11, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-23181 Filed 9-19-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 230 (Friday, December 1, 2017)]
[Notices]
[Page 57019]
[FR Doc No: 2017-25848]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 32921]

Notice of Applications for Deregistration Under Section 8(f) of
the Investment Company Act of 1940

November 27, 2017.
    The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940 for the month of
November 2017. A copy of each application may be obtained via the
Commission's Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>. An order granting each
application will be issued unless the SEC orders a hearing. Interested
persons may request a hearing on any application by writing to the
SEC's Secretary at the address below and serving the relevant applicant
with a copy of the request, personally or by mail. Hearing requests
should be received by the SEC by 5:30 p.m. on December 20, 2017, and
should be accompanied by proof of service on applicants, in the form of
an affidavit or, for lawyers, a certificate of service. Pursuant to
Rule 0-5 under the Act, hearing requests should state the nature of the
writer's interest, any facts bearing upon the desirability of a hearing
on the matter, the reason for the request, and the issues contested.
Persons who wish to be notified of a hearing may request notification
by writing to the Commission's Secretary.

ADDRESSES: The Commission: Secretary, U.S. Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549-1090.

FOR FURTHER INFORMATION CONTACT: Jill Ehrlich, Senior Counsel, at (202)
551-6819 or Chief Counsel's Office at<PHONE_NUMBER>; SEC, Division of
Investment Management, Chief Counsel's Office, 100 F Street NE.,
Washington, DC 20549-8010.

NB Crossroads Private Markets Fund IV (TE)--Custody Client LLC [File
No. 811-23169]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant has
never made a public offering of its securities and does not propose to
make a public offering or engage in business of any kind.
    Filing Date: The application was filed on October 10, 2017 and
amended on October 20, 2017.
    Applicant's Address: 325 North Saint Paul Street, 49th Floor,
Dallas, Texas 75201.

NB Crossroads Private Markets Fund IV (TI)--Custody Client LLC [File
No. 811-23115]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant has
never made a public offering of its securities and does not propose to
make a public offering or engage in business of any kind.
    Filing Date: The application was filed on October 10, 2017 and
amended on October 20, 2017.
    Applicant's Address: 325 North Saint Paul Street, 49th Floor,
Dallas, Texas 75201.

Cushing MLP Infrastructure Fund II [File No. 811-23093]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On October
13, 2017 and October 25, 2017, applicant made liquidating distributions
to its shareholders, based on net asset value. Expenses of $800
incurred in connection with the liquidation were paid by the
applicant's investment adviser.
    Filing Date: The application was filed on October 27, 2017.
    Applicant's Address: 8117 Preston Road, Suite 440, Dallas, Texas
75225.

Deutsche Global High Income Fund, Inc. [File No. 811-06671]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On September
18, 2017, applicant made liquidating distributions to its shareholders,
based on net asset value. Expenses of $8,516.98 incurred in connection
with the liquidation were paid by the applicant.
    Filing Date: The application was filed on November 7, 2017.
    Applicant's Address: 345 Park Avenue, New York, New York 10154.

Pacholder High Yield Fund, Inc. [File No. 811-05639]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On July 11,
2017 and August 29, 2017, applicant made liquidating distributions to
its shareholders, based on net asset value. Expenses of $54,878
incurred in connection with the liquidation were paid by the applicant.
Applicant has retained approximately $225,000 in cash as well as other
assets in approximately the amount of $10,000 for the purpose of paying
liabilities and expenses incurred by the applicant as it concludes
operations.
    Filing Date: The application was filed on November 14, 2017.
    Applicant's Address: 270 Park Avenue, New York, New York 10017.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-25848 Filed 11-30-17; 8:45 am]
 BILLING CODE P


[Federal Register Volume 84, Number 54 (Wednesday, March 20, 2019)]
[Notices]
[Pages 10318-10319]
[FR Doc No: 2019-05232]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-D-1638]

Pediatric Human Immunodeficiency Virus Infection: Drug Product
Development for Treatment; Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a final guidance for industry entitled ``Pediatric
HIV Infection: Drug Product Development for Treatment.'' The purpose of
this guidance is to provide general recommendations on the development
of antiretroviral drug products for the treatment of human
immunodeficiency virus (HIV) infection in pediatric patients. The
guidance addresses when to initiate pediatric formulation development
and begin pediatric studies and offers approaches for enrollment of
subjects into pediatric studies to help facilitate drug product
development. This guidance incorporates the comments received for and
finalizes the draft guidance for industry ``Pediatric HIV Infection:
Drug Development for Treatment'' issued on May 14, 2018.

DATES: The announcement of the guidance is published in the Federal
Register on March 20, 2019.

ADDRESSES: You may submit either electronic or written comments on
Agency guidances at any time as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your

comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2018-D-1638 for ``Pediatric HIV Infection: Drug Product Development
for Treatment.'' Received comments 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.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-32015-309-318/pdf/2015-323389.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.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of this guidance to the
Division of Drug Information, Center for Drug Evaluation and Research,
Food and Drug Administration, 10001 New Hampshire Ave., Hillandale
Building, 4th Floor, Silver Spring, MD 20993-0002; or the Office of
Communication, Outreach, and Development, Center for Biologics
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the guidance document.

FOR FURTHER INFORMATION CONTACT: Yodit Belew, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 22, Rm., 6322, Silver Spring, MD 20993-0002, 301-
796-0705; or Stephen Ripley, Center for Biologics Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
71, Rm. 7301, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a guidance for industry
entitled ``Pediatric HIV Infection: Drug Product Development for
Treatment.'' The purpose of this guidance is to provide general
recommendations on the development of antiretroviral drug products for
the treatment of HIV infection in pediatric patients. The guidance
addresses when to initiate pediatric formulation development and begin
pediatric studies and offers approaches for enrollment of subjects into
pediatric studies to help expedite drug product development. This
guidance incorporates the comments received for and finalizes the draft
guidance of the same name issued on May 14, 2018 (83 FR 22270). Changes
made to the draft guidance took into consideration written and verbal
comments received. In addition to editorial changes primarily for
clarification, the major changes are as follows:
     Inclusion of a statement to address neonates and
     Considerations on how to analyze the adolescent data when
adolescents are included in the adult phase 3 clinical trials.
    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
current thinking of FDA on ``Pediatric HIV Infection: Drug Product
Development for Treatment.'' It does not establish any rights for any
person and is not binding on FDA or the public. You can use an
alternative approach if it satisfies the requirements of the applicable
statutes and regulations. This guidance is not subject to Executive
Order 12866.

II. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information that are subject to review by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). The collections of information in 21 CFR part 312, 21 CFR part
314, and 21 CFR 201.56 and 201.57 have been approved under OMB control
numbers 0910-0014, 0910-0001, and 0910-0572, respectively.

III. Electronic Access

    Persons with access to the internet may obtain the guidance at
https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, https://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/default.htm, or https://www.regulations.gov.

    Dated: March 14, 2019.
Lowell J. Schiller,
Acting Associate Commissioner for Policy.
[FR Doc. 2019-05232 Filed 3-19-19; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 85, Number 106 (Tuesday, June 2, 2020)]
[Notices]
[Pages 33657-33658]
[FR Doc No: 2020-11867]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-456-000]

Enable Mississippi River Transmission, LLC; Notice of Application

    Take notice that on May 15, 2020, Enable Mississippi River
Transmission, LLC (MRT), 910 Louisiana Street, Suite 4840, Houston,
Texas 77002, filed in the above referenced docket an application
pursuant to section 7(c) of the Natural Gas Act (NGA), 15 U.S.C.
717f(c) of the regulations of the Federal Energy Regulatory Commission
requesting authorization for an amendment to its certificate of public
convenience necessity pursuant to Part 157, Subpart A of the
Commission's regulations for the East Unionville Storage Field located
in Lincoln Parish, Louisiana. MRT seeks authorization to reduce East
Unionville's certificated cushion gas capacity to 19.1 Bcf and to
increase East Unionville's working gas capacity to 36.1 Bcf. MRT states
that with the approval of these proposed changes, the East Unionville's
certificated total capacity of 55.2 Bcf will not change. MRT also
requests approval of the accounting entries associated with the
amendments to the East Unionville Certificate, all as more fully set
forth in the application which is on file with the Commission and open
to public inspection. The filing is available for review on the
Commission's website web at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC at<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or
TYY,<PHONE_NUMBER>. At this time, the Commission has suspended access
to the Commission's Public Reference Room, due to the proclamation
declaring a National Emergency concerning the Novel Coronavirus Disease
(COVID-19), issued by the President on March 13, 2020.
    Any questions concerning this application may be directed to
Jonathan Christian, Associate General Counsel, Enable Mississippi River
Transmission, LLC, 910 Louisiana Street, 48th Floor, Houston, TX 77002,
by phone at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules (18 CFR 157.9),
within 90 days of this Notice, the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. Only parties
to the proceeding can ask for court review of Commission orders in the
proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition

to this project. The Commission will consider these comments in
determining the appropriate action to be taken, but the filing of a
comment alone will not serve to make the filer a party to the
proceeding. The Commission's rules require that persons filing comments
in opposition to the project provide copies of their protests only to
the party or parties directly involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list and will be
notified of any meetings associated with the Commission's environmental
review process. Environmental commentors will not be required to serve
copies of filed documents on all other parties. However, the non-party
commentors will not receive copies of all documents filed by other
parties or issued by the Commission and will not have the right to seek
court review of the Commission's final order.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Comment Date: 5:00 p.m. Eastern Standard Time on June 17, 2020.

    Dated: May 27, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-11867 Filed 6-1-20; 8:45 am]
 BILLING CODE 6717-01-P